Fair Use

A question has come up about Fair Use and in this particular situation it is specifically related to Evidence Explained. Clarification would be greatly appreciated (as well as your permission to use the requested information).  Someone is looking for information on how to correctly cite blog posts and tweets.  She intends to purchase a copy of Evidence Explained, but at this time cannot afford it.  I own a copy and have found the information that she is looking for on pages 811 - 812.

First of all, Is it okay with you if I scan and email these two pages to her for her personal, private use?  

Second, without asking your permission, would this use be acceptable under Fair Use?

I believe that it is acceptable based on the four considerations of Fair Use because it is for personal, private use in accurately citing research;  it is two out of 885 pages, and it may encourage her to purchase the book sooner once she sees a sample of the book.

I look forward to clarification on this example of Fair Use (and permission to share the information).  Thank you.

 

Submitted byEEon Tue, 11/19/2013 - 13:08

LDMathews:

EE is in no position to give a legal opinion about fair use, but you can rest assured that EE will not hire a lawyer over those two pages. From out own view, wearing the hats of a writer and editor, we'd contend that imaging two pages for study (plus the title page, of course) is indeed fair use.

Now if you were to say "I want to image pages 819-30, which would be just 12 pages out of 885, but those 12 pages just happen to constitute the whole glossary," that would be a different, of course.

Submitted byLDMathewson Tue, 11/19/2013 - 14:17

Thank you very much.  I know that it's a complex issue, but that was my understanding of what would be acceptable and what I have done in the past in similar situations.  I'm fairly new to all this and am working to ensure that I'm proceeding as appropriately as possible.  Evidence Explained sits on my desk and I refer to it regularly.

Submitted byyhoitinkon Tue, 11/19/2013 - 16:58

Just a tip for your friend in case she wants to buy it after all: the electronic version is a lot cheaper than the hardcopy. (ebook is available in the bookstore on this site).

Submitted byLDMathewson Wed, 11/20/2013 - 06:20

Thank you Yvette,

I just provided that information and the link to her. 

Laurie