Question

Fair Use. Professor Wise is teaching a summer seminar in business torts at State University. Several times during the course, he makes copies of relevant sections from business law texts and distributes them to his students. Wise does not realize that the daughter of one of the textbook authors is a member of his seminar. She tells her father about Wise’s copying activities, which have taken place without her father’s or his publisher’s permission. Her father sues Wise for copyright infringement. Wise claims protection under the fair use doctrine. Who will prevail? Explain.

Answer 1

• The distribution of relevent sections from business law texts by Prof. Wise is for the Educational purpose, as it is distributed in the State University's Summer seminar in business torts.
• Here two situations will arise:
  • If the  'copies of relevant sections from business law texts' is available for free of cost on the internet or any other medium authorised by the author himself, then Prof. Wise has not infringed the law. and claim by the author will not prevail.
  • Whereas, if the even if the 'copies of relevant sections from business law texts' was distributed for the educational purpose and if the material is not available free of cost and as well requires permission before circulation, then the claim by author will prevail . This decision was given in the case of  L.A. Times v. Free Republic.