4. The copy does not violate any of the following general prohibitions: The author is a graduate of Columbia University and the University of Baltimore School of Law. He also published a Faculty Guide to Photocopying for Classroom Use, which is a practical sequel to this article. He is currently a lawyer and consultant with the U.S.Copyright Office. Prior to public service, he had a private practice in copyright, Trademark and Internet Law in Montgomery County, Maryland and the District of Columbia. Teachers can photocopy items to distribute in the classroom, but the guidelines limit them. Classroom copy cannot be used to replace texts or filing cabinets used in the classroom. Students cannot be charged more than the actual cost of the copy. The number of copies should not exceed one copy per student. And a copyright mention must be affixed to each copy. This clause raises a number of questions.
What is reasonable in thinking that a use below 107 is fair? It could be argued that the specific mention of multiple copies for classroom use by teachers as a potential goal of fair use in 107 teachers gives reasonable reason to believe that this type of use is fair. This standard is too simple. Who bears the weight of the evidence that faith was reasonable? 27 Should a professor`s reasonable belief include balancing the four fair dealing factors? Should it be a belief based on an analysis of fair practice jurisprudence? The most recent case involving educational photocopying was Basic Books, Inc. v. Kinko`s Graphic Corp. 89 The applicants, eight publishers, filed a complaint against Kinko`s, a national commercial copying centre that charged a violation of the law and a violation of the guidelines. The complainants asserted that Kinkos copies excerpts from many copyrighted books, without authorization or payment of the necessary fees, for profit. Kinko admitted to copying excerpts from these books without permission. After receiving requests from university professors for specific materials for courses, Kinko copied this material, packaged the materials for courses or anthologies, and sold these photocopied packages directly to students. Kinko submitted that, although it was a commercial enterprise, the purpose of the material was educational and was an educational service, it was fair dealing. 90 In the scope of the term “collaborator or agent of a non-profit educational institution,” there are similar ambiguities. Is a copy centre capable of being an agent of a teacher within the meaning of this section? If the teacher has legitimate reasons for considering a particular use to be fair, should the officer of a teacher who performs the actual reproduction have reasonable independent reasons for considering the use to be fair, or can the officer avail himself of the teacher`s decision? This question is crucial because teachers often ask school editors, copy shopping malls or bookstores to practice the imitations necessary for their teaching.