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There is a great deal of case law regarding course packs sold through commercial entities such as NSCC's bookstore (which is owned by Barnes and Noble). This is NOT one of copyright's gray areas.
It is very clear that when course packs are sold through NSCC's bookstore, all materials that are not the original creation of the instructor require copyright permission.
One of the important factors
considered in fair use is "the effect of the use upon the potential market
for or value of the copyrighted work." There is no fair use exemption
when copyrighted material is sold without permission from the holder.
The NSCC bookstore has access to a service that will try to obtain copyright
permission for a course pack. The bookstore needs the course pack material
six weeks before the quarter in which it will be used. Please contact
Cherie Weber at 526-7706 or cweber@sccd.ctc.edu for details.
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