QUESTION

Hi we are running a free student service that summarizes research papers to help teach students how to read them. Is this "fair use"?

Asked on Jul 16th, 2012 on Intellectual Property - California
More details to this question:
Hi I''m currently an senior undergrad here at ucla. We are running a free student group on ucla that summarizes these research papers to help teach undergrads how to read scientific papers. We summarized the entire paper into layman''s term (of course we give credit to the original author). We also use the images from your paper, but we mark it up to help students learn how to interpret those images (attached an example below). I was wondering if this counts as "fair use" and does not require permission.
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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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As a general matter, this is precisely the kind of use that is generally considered to be "fair." While no single factor is ever dispositive of the issue of whether a particular use is "fair," in your case you will generally be doing very limited copying (as opposed to summarization), and you will be using the papers in a way that does not deprive the original authors of any meaningful economic benefits (indeed, you will derive no such benefit yourself). While such a use should be "fair," there is no harm in asking permission. Such permissions are generally granted gratis and are an absolute defense to a claim of copyright infringement.
Answered on Jul 16th, 2012 at 3:55 PM

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