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#100361 04/10/03 01:52 PM
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If written to help disseminate information, choice 2 is it.

I think that is the point of the law. Universities here operate under something called the CanCopy agreement, which makes provisions like the one in the original query. In reading that agreement, it seemed clear to me that (2) was intended, becuase universities are in the special position where the material is used for either teaching or research.

I've just Googled for CanCopy and of course, it's been changed since I last read it, and the 1-chapter-or-10% rule has been altered to just 10%, period. There are slightly different rules for textbooks (5% or 1 chapter, whichever is less). But I maintain that the previous version of CanCopy was consistent with (2) above.


#100362 04/10/03 01:54 PM
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If it is trying to be equitable and aid both parties, then choice 3 should be it.
I disagree here, maintaining that choice 2 is the equitable one: If quotation is limited to one chapter of a chaptered book, it can convey coherent information without revealing (summarizing) the whole work, even if the number of pages is not limited.


#100363 04/10/03 03:08 PM
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Personally, I think that 10% is a little excessive (in favor of the plagia… um, quoter) anyway.


#100364 04/10/03 03:18 PM
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there is a plot turn in The Emperor of Ocean Park based on the *particular portion you might choose to quote. (not all 10%s are both the same)


#100365 04/10/03 03:50 PM
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a little excessive (in favor of the plagia? um, quoter) anyway

Usually this doesn't end up being someone quoting 10% of someone else's work in their own work, rather, it's a person photocopying someone else's work for whatever reason. For example, it could be a student photocopying a chapter of a book from the library, instead of buying the whole book, or a professor handing out a photocopied portion of a textbook that it isn't worthwhile for the students to buy, that sort of thing. Or the photocopying of a journal article out of a journal to which you do not subscribe, but would like to have the article on hand to refer to (and usually the library wants journals back in a rather short time).


#100366 04/10/03 04:18 PM
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Sorry to respond so late, but this is the first time I've looked at this when my brain isn't completely fuzzy from lack of sleep. I'm going to talk myself through the first para., to see if I can get down to what it really means. I will assume for this purpose that "this" book has only one darned edition. (Those extra qualifiers really get in my way!)
<<<<Without limiting the meaning of the expression reasonable portion in this Act, where a literary, dramatic or musical work (other than a computer program) is contained in a published edition of that work, being an edition of not less than 10 pages, a copy of part of that work, as it appears in that edition, shall be taken to contain only a reasonable portion of that work if the pages that are copied in the edition:

Okay; I'm pretty sure this means, essentially: You have a book that is at least ten pages long. The part(s) you copy will only be considered to be a reasonable portion if:

Okay, (a)is pretty simple: you copy 10% or less of the number of pages.

(b)in a case where the work is divided into chapters exceed, in the aggregate, 10% of the number of pages in that edition but contain only the whole or part of a single chapter of the work
Maybe: you copy more than 10% of the total number of pages, but these are confined to one chapter only.

I don't remember who I might agree or disagree with; but this is how it reads to me.



#100367 04/10/03 04:44 PM
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who I might agree or disagree with

Knowing now the nature of the use, I have moved into this camp, which we may refer to as Camp 2.


#100368 04/11/03 12:21 AM
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Yup, I think camp 2 does have the attraction of logic and a perceptible policy in its favour, as well as being consistent with the actual wording....

Bean's right, this is a provision usually invoked by universities to justify photocopying rather than a mere quotation in the middle of a paper or other book - the defence is of "fair dealing for the purpose of research or study".
jj


#100369 04/11/03 12:38 AM
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have tip-toed under cover of darkness, surreptitiously into Camp 2


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Camp 2 may have the spirit, but they don't have the letter. And the spirit gets you convicted where there isn't a 1:1 correspondence between the two.


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