1. Fair Use How Much is Too Much

2. Maxtone-Graham v. Burtchaell United States Court of Appeals October 15, 1986

3. Maxtone-Graham  Katrina Maxtone-Graham published a book Pregnant by Mistake in 1973.  Katrina interviewed women about their experience with unplanned pregnancies. These women signed copyright over to Katrina but they were never recorded with the Copyright Office. Student Web, 2011

4. Maxtone-Graham  Pregnant by Mistake was published by Liveright in August of 1973.  The book sold 2,349 before going out of print on March 31, 1982.  Publishing rights were given to Katrina on February 24, 1982.

5. Burtchaell  James Tunstead Burtchaell requested permission to quote from Pregnant by Mistake several times but was denied.  Burtchaell consulted legal counsel then preceded to directly quoted from interviews that were from Pregnant by Mistake.  Burtchaell published Rachel Weeping on April 1, 1982.

6. Maxtone-Graham’s Claim  She claims that Burtchaell made numerous errors when quoting from her book.  She also claims that the use of her work was excessive and infringed upon her economic interests.

7. Get the Facts  Fair Use The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantiality of the portion used in relation to the copyrighted work as a whole The effect of the use upon the potential market for, or value of, the copyrighted work U.S. Copyright Office

8. This Facts of This Case:  Numerous errors were made in the quoted passages, however, the mistakes were not an injustice to Pregnant by Mistake  4.3% of Rachel Weeping was found in Pregnant by Mistake  Pregnant by Mistake was out of print at the time of Rachel Weeping Cummins, 2009.

9. The verdict is in…  Educational elements outweigh the commercial aspects-the purpose of Rachel Weeping was to educate  Errors in the quoting did not effect context  Using 4.3% of the words was NOT unfair

10. References  Clip Art on Slide 9, was taken from Microsoft Clip Art Gallery.  Cummins, G., & Alter, V.. (2009, July). Can Intentional or Knowingly Reckless Misuse of Copyrighted Material Be Considered "Fair Use?". Communications Lawyer : Publication of the Forum Committee on Communications Law, American Bar Association, 26(3), 10- 16,43. Retrieved October 26, 2011, from ABI/INFORM Complete. (Document ID: 1856730461).  School of Law. Student Web. Retrieved October 12, 2011, from http://www.studentweb.law.ttu.edu/cochran/Cases %20&%20Readings/Copyright- UNT/maxtonegraham.htm http://www.studentweb.law.ttu.edu/cochran/Cases %20&%20Readings/Copyright- UNT/maxtonegraham.htm  United States Copyright Office. Retrieved October 26, 2011, from http://www.copyright.gov/fls/fl102.htmlhttp://www.copyright.gov/fls/fl102.html