Entrance exams breaking copyright law? Academically unethical?


Appendix 1:

Official Translation of a section of the Japanese Copyright Law

	(Reproduction, etc. in examination questions)
	 Chapter II, Section 3, Subsection 5. Article 36. 
  1. It shall be permissible to reproduce or make the public transmission (excluding the broadcasting or wire diffusion, and including the making transmittable in the case of the interactive transmission; the same shall apply in next paragraph) of, a work already made public as questions for an entrance examination or other examinations of knowledge or skill, or such examination for a license, to the extent deemed necessary for such purpose; provided, however, that such transmission does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the purpose of the work as well as the form of the transmission.

  2. A person who makes such reproduction or public transmission for profit-making purposes shall pay to the copyright owner compensation the amount of which corresponds to an ordinary rate of royalty.


Appendix 2:

Berne Convention for the protection of literary and artistic works, (Paris Text 1971)

	Article 10
  1. It shall be permissible to make quotations from a work which has already been lawfully made available to the public, provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries.

  2. It shall be a matter for legislation in the countries of the Union, and for special agreements existing or to be concluded between them, to permit the utilization, to the extent justified by the purpose, of literary or artistic works by way of illustration in publications, broadcasts or sound or visual recordings for teaching, provided such utilization is compatible with fair practice.

  3. Where use is made of works in accordance with the preceding paragraphs of this Article, mention shall be made of the source, and of the name of the author, if it appears thereon.

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Appendix 3:

Section of the US Copyright Law

	TITLE 17 > CHAPTER 1 >  107 Limitations on exclusive rights: Fair use

	Release date: 2005-08-01
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include –
  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

  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.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

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Appendix 4:

Public Domain Texts

	Blackmask Online: 
		http://www.blackmask.com/cgi-bin/newlinks/page.cgi?d=1

	Page By Page BooksTM: 
		http://www.pagebypagebooks.com/

	Penn State Classics Online: 
		http://www2.hn.psu.edu/faculty/jmanis/jimspdf.htm

	Project Gutenberg: 
		http://promo.net/pg/

	Read Print: 
		http://www.readprint.com/

	University of Virginia Ebook Center: 
		http://www2.hn.psu.edu/faculty/jmanis/jimspdf.htm

	The Online Books Page: 
		http://onlinebooks.library.upenn.edu/

Main Article

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