Exceptions for instructors offers a tool intended to guide educators in making fair use decisions. Every time I encounter such a tool or a source of information for educators I try to read carefully to determine whether fair use covers content posted to the open Internet, i.e., content that could potentially be viewed by anyone and not just students in a given class. My view on this matter is probably regarded as restrictive by many. In considering the situations that conern me, the site concludes:
Your use does not meet the requirements of Section 110(2) of U.S. Copyright Law (also known as the TEACH Act), exempting it from requiring the permission of the copyright holder. [go to law]However, your use may still be covered by Fair Use (Section 107). For more information on Fair Use, visit one or more of the resources listed below:
It is the lack of resolution and specificity that is the problem. This tool, like so many resources, restates the obvious and fails to be helpful in those areas where educators need help. For example, I understand the concept of “criticism” – one can provide an example in order to critique that example (my language), but in my opinion most instruction uses the information of others as information and not the focus of critique. if I scan and offer a biology textbook image, I am really claiming “this is what the golgi body” looks like, I am not critiquing the author’s claim that this is the golgi body.
