Does the following scenario infringe on a publication's copyright?

[medicinal]

Thank you in advance for any assistance.

Scenario: A self-employed English teacher (an American citizen living in Florida) sets up an online class with eight international students (students from Europe, S. Korea, Japan, etc.). The class will work through the entirety of a copyrighted publication. The teacher requires each student to purchase the publication and to send him/her a picture of the publication with the receipt of purchase. The teacher doesn't use any images of the publication on his/her website to market the class.

Are any copyright laws being violated in this scenario?

 

[Zigner]

Thank you in advance for any assistance.

Scenario: A self-employed English teacher (an American citizen living in Florida) sets up an online class with eight international students (students from Europe, S. Korea, Japan, etc.). The class will work through the entirety of a copyrighted publication. The teacher requires each student to purchase the publication and to send him/her a picture of the publication with the receipt of purchase. The teacher doesn't use any images of the publication on his/her website to market the class.

Are any copyright laws being violated in this scenario?

I don't see that this would violate any copyright laws in the US.

 

[FlyingRon]

I don't see that this would violate any copyright laws in the US.

I agree, in fact, I don't see any particular reason that they need to show the student's purchased the book. As long as he's not making any copies nor using any excerts in excess of what is necessary for critical discussion, it's all fair use.

 

[Zigner]

I agree, in fact, I don't see any particular reason that they need to show the student's purchased the book. As long as he's not making any copies nor using any excerts in excess of what is necessary for critical discussion, it's all fair use.

I think the professor wants to make sure they actually HAVE the book. The method used to acquire the book is largely irrelevant.

 

[FlyingRon]

I think the professor wants to make sure they actually HAVE the book. The method used to acquire the book is largely irrelevant.

It wouldn't hurt, but it really makes no difference to the copyright issue.

 

[Zigner]

It wouldn't hurt, but it really makes no difference to the copyright issue.

Agreed .

 

[quincy]

Thank you in advance for any assistance.

Scenario: A self-employed English teacher (an American citizen living in Florida) sets up an online class with eight international students (students from Europe, S. Korea, Japan, etc.). The class will work through the entirety of a copyrighted publication. The teacher requires each student to purchase the publication and to send him/her a picture of the publication with the receipt of purchase. The teacher doesn't use any images of the publication on his/her website to market the class.

Are any copyright laws being violated in this scenario?

It is possible that the copyrighted book that the teacher wishes to use with these international students has had illegal copies created for sale overseas (such as in Europe, S. Korea, Japan, etc). A photo with receipt could provide a clue as to the publication's origin.

It is also possible that a specific educational institution has an exclusive license with the author/publisher of the book to use the book.

There are other possibilities. There is just not enough information provided in your post, medicinal, to provide you with a definitive answer as to whether any copyright laws are being violated.

Here is a link to a brochure on copyrights and book publishing from the World Intellectual Property Organization (WIPO) that you might find of some interest: http://www.wipo.int/edocs/pubdocs/en/copyright/868/wipo_pub_868.pdf

If you would like to provide more details, perhaps the answers provided to you here can be more detailed.

 

[Zigner]

There is just not enough information provided in your post, medicinal, to provide you with a definitive answer as to whether any copyright laws are being violated.

My interpretation of the question was that it related to copyright laws being broken by the teacher. Based on what we've been told in the post, the teacher isn't breaking any laws.

 

[quincy]

My interpretation of the question was that it related to copyright laws being broken by the teacher. Based on what we've been told in the post, the teacher isn't breaking any laws.

Well, it is impossible to tell from what was written if the teacher is breaking any laws or not, copyright or otherwise.

The use of some publications is restricted so it is important to know which copyrighted publication this teacher is asking the students to purchase and which copyrighted publication will be used to teach the classes.

There are other laws that may be violated in addition to copyright laws.

There is far more that needs to be known about the "scenario" presented, in other words.

 

[LdiJ]

It is possible that the copyrighted book that the teacher wishes to use with these international students has had illegal copies created for sale overseas (such as in Europe, S. Korea, Japan, etc). A photo with receipt could provide a clue as to the publication's origin.

It is also possible that a specific educational institution has an exclusive license with the author/publisher of the book to use the book.

There are other possibilities. There is just not enough information provided in your post, medicinal, to provide you with a definitive answer as to whether any copyright laws are being violated.

Here is a link to a brochure on copyrights and book publishing from the World Intellectual Property Organization (WIPO) that you might find of some interest: http://www.wipo.int/edocs/pubdocs/en/copyright/868/wipo_pub_868.pdf

If you would like to provide more details, perhaps the answers provided to you here can be more detailed.

If just anybody can buy the textbook, then its use is not restricted. If you buy a book, you get to use said book. If you can buy the teacher's edition of the book, you can teach from it. Textbook authors/publishers do not give exclusive licenses for textbooks. Its not in their best financial interest to do so. Some institutions will author their own textbooks, but if they do, the public has no access to buy them. The students get them straight from the institution.

 

[quincy]

If just anybody can buy the textbook, then its use is not restricted. If you buy a book, you get to use said book. If you can buy the teacher's edition of the book, you can teach from it. Textbook authors/publishers do not give exclusive licenses for textbooks. Its not in their best financial interest to do so. Some institutions will author their own textbooks, but if they do, the public has no access to buy them. The students get them straight from the institution.

Well, what you have written above is incorrect. I would be interested in your source(s) of information.

As an additional note: There is no mention in the original post of what copyrighted publication is to be used for instructing the students on copyright laws (i.e., a textbook, a Stylebook, a novel).

 

[LdiJ]

Well, what you have written above is incorrect. I would be interested in your source(s) of information.

As an additional note: There is no mention in the original post of what copyrighted publication is to be used for instructing the students on copyright laws (i.e., a textbook, a Stylebook, a novel).

What I wrote is NOT incorrect. I was on the textbook committee for our school district for many years and participated in authoring textbooks with a couple of professors in grad school. If you can buy it, you can use it, and if you can buy the teacher's edition you can teach from it.

Now, I will agree that the OP did not use the term textbook, but only the term publication. Therefore, there is a chance that if the publication is not a textbook, or is not something else readily available to the public, then perhaps there could be some chance of a problem.

However, works of fiction/magazines/newspapers/non fiction are used in schools all of the time and there is no special requirements/permissions needed to do so...as long as they are properly paid for.

Also, in order to violate a copyright someone has to actually reprint the publication in some manner or another.

 

[quincy]

What I wrote is NOT incorrect. I was on the textbook committee for our school district for many years and participated in authoring textbooks with a couple of professors in grad school. If you can buy it, you can use it, and if you can buy the teacher's edition you can teach from it.

Now, I will agree that the OP did not use the term textbook, but only the term publication. Therefore, there is a chance that if the publication is not a textbook, or is not something else readily available to the public, then perhaps there could be some chance of a problem.

However, works of fiction/magazines/newspapers/non fiction are used in schools all of the time and there is no special requirements/permissions needed to do so...as long as they are properly paid for.

Also, in order to violate a copyright someone has to actually reprint the publication in some manner or another.

Again, what you are writing is incorrect, LdiJ - and you have now expanded your incorrect information by providing additional incorrect information.

If you purchase a book, your use of the book cannot violate the rights held by the copyright holder. These rights are not limited to copying the text. I think perhaps you did not fully understand the laws when you were on the "textbook committee" for your school district. Did you read the contracts the school district had with the publisher?

I am also interested in what textbooks you co-authored (you can PM me the names)?

I would really like to know on what legal source are you relying?

 

[LdiJ]

Again, what you are writing is incorrect, LdiJ - and you have now expanded your incorrect information by providing additional incorrect information.

If you purchase a book, your use of the book cannot violate the rights held by the copyright holder. These rights are not limited to copying the text. I think perhaps you did not fully understand the laws when you were on the "textbook committee" for your school district. Did you read the contracts the school district had with the publisher?

I am also interested in what textbooks you co-authored (you can PM me the names)?

I would really like to know on what legal source are you relying?

I did not co-author. I participated. I wrote chapters on specific accounting topics.

Define the legal use of a textbook. Define the legal use of a teacher's edition of a textbook. The plain and ordinary use of the former is to learn a subject and the plain and ordinary use of the latter is to teach a subject.

 

[justalayman]

I did not co-author. I participated. I wrote chapters on specific accounting topics.

Author per Miriam - Webster:

2
: the writer of a literary work (as a book)


co·au·thor
ˌkōˈôTHər/
noun
noun: co-author
1.
a joint author.
verb
verb: co-author
1.
be a joint author of (a book, paper, or report).



Writing chapters within a book would be co-authroting, would it not?


The legal use of a textbook; well, right now I am legally using several thousands of
dollars of textbooks to prevent my bookends from damaging each other. I have also used them, legally, as a door stop. They make great kindling.