Item Opposing Fair Use
Repeated or long term use
Explanation
Fair Use only applies when the copies are made spontaneously. And Section 107 of the Copyright Law gives two conditions where spontaneity can be met.
- The copying is at the instance and inspiration of the individual teacher; and
- The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.
If you read an article today and want to use it in your class tomorrow (and it meets the test of brevity), you are acting spontaneously. However, if you read the same article in October and decide to use it for your class during Winter semester, there is time to get permission to reproduce the work. As such, you could not argue "fair use" when you make the illegal copies.
