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Question

My son's High School is holding his report card because they say he damage a French workbook by writing in it and are asking that I pay $15.00 to replace it. They claim the book was new, however it was not not new and the writing was in the book when he recieved it, there was also another students name writen on the inside cover that was not taking French that year. I have verified this with his teacher. After proving this point they claim that he destoyed the cover of the book, because it is falling away from the binding and was taped with tape that is not the ufficial library tape. Today I explained to the Superintendents secratary that my son had to errase the writing and photocopy the pages that were needed for his class studies. The teacher had been photocopying them previously but this became too expensive so the students had to do it themselves. By photocopying the workbook are they breaking copyright law, isn't a workbook meant to be writen in?

Submitted: 138 days and 23 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country of Question: California

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Accepted Answer

Hello,

 

Copyright does not prohibit all copying or replication. In the United States, the fair use doctrine, codified by the Copyright Act of 1976 as 17 U.S.C. § 107, permits some copying and distribution without permission of the copyright holder or payment to same. The fair use doctrine allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review.The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis. Those factors are:

  1. the purpose and character of the use;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

So copying this work may not be a violation of the law. However, if it is, it is a civil issue and one for the author of the workbook to sue on.

 

As far as what a "workbook" is made for--OF COURSE it is made to be written in. That is ridiculous and I suggest you contact the school board about this issue if the school itself keeps being unreasonable. If the school board won't help, then go to the press.

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Expert: LADYLAWYER
Pos. Feedback: 99.1 %
Accepts: 
Answered: 7/6/2009

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