Item Opposing Fair Use
Could replace sale of copyrighted work
Explanation
Fair use does not allow you to deprive a copyright holder from profiting from the copyrighted materials. If your copies would replace the sale of the work, then you could not argue "fair use" when you make your illegal copies. For example, if you wanted your students to take the Learning Style Delineator, you cannot photocopy the inventory to give to your students because you would deprive Dr. Anthony F. Gregorc sales of this copyrighted work.
A Word to the Wise
I am aware of a faculty member at a Michigan university who illegally copied the Learning Style Delineator for his graduate students to take. A student who was upset with the faculty member could have reported the copyright abuse to Gregorc Associates, Inc. as a way to make trouble for the faculty member.
Under Policy 3112, a Schoolcraft College faculty member who found himself or herself in a similar situation would have had to personally "assume responsibility for any copyright infringement." Penalties for copyright infringement can run into the thousands of dollars.
