Boca Raton, FL asked in Copyright for Florida

Q: A teacher wants to place a .pdf of an article he cowrote in his online course, does he need permission of the coauthor?

Or is this a copyright violation?

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1 Lawyer Answer
Enrico Schaefer
Enrico Schaefer
Answered
  • Intellectual Property Lawyer
  • Traverse City, MI

A: I assume there is no written agreement between the authors. The terms of the rights between authors would be implied from the circumstances. These matters are usually about how much risk, rather than absolute answers. The good news is that educational use (commercial; no royalties or license fees) is typically considered fair use.

The following four factors are important:

Purpose: The purpose and character of the use, including whether such use is of a commercial nature, or is for nonprofit education purposes.

Nature: The nature of the copyrighted work.

Amount: The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

Effect: The effect of the use upon the potential market for, or value of, the copyrighted work.

1 user found this answer helpful

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