Case+13-+Mrs.+L's+question

__Mrs. L’s question __

Due to a change in the current Language Arts program, Mrs. L is following direction as best she can to incorporate Guided Reading, Developmental Spelling, and a new Writer’s Workshop. The district is still going through changes. As the transition takes place, some new materials are being brought in, while old ones are being slowly weeded out and discarded. In the meantime, new practice books have not been purchased for Mrs. L’s 4th grade class. In the past, the practice books have been used for grammar, reading comprehension, and vocabulary enhancement; and has accompanied the stories Mrs. L’s class reads from their basal reader. Mrs. L has one copy of the practice book left. She has been making photocopies and distributing them to her students. Another factor worth mentioning is that Mrs. L is copying only selected materials from the old workbook as new materials make their way into the classroom, and as the new curriculum is being followed. However, the front cover of the workbook forbids copying of any pages in the book.

__Commentary __

Mrs. L’s situation falls under Fair Use. It is obvious that she is using the copied materials for educational purposes only and that the copies are not being made for commercial use. Also, the copying of materials is only temporary. Mrs. L. is making a limited number of copies (just enough for her students) and she is only copying selected parts, not the entire practice book. Mrs. L's photocopying will not effect the value of the copyrighted material, the school never intended to purchase more of the practice book in question. Mrs. L's actions do not effect the copyright holder's to further sell or license the work. She has been placed in a situation where she is almost forced, by her district, to make copies of certain materials until she receives the rest of the new materials she is expecting under the new Language Arts program. In conclusion, this case falls under Fair Use.