Answer: Yes
Although I could not link to the URL provided (sent me to an error page), George Orwell's novel, 1984, should be in the public domain at this point and a copy of the original 1949 imprint may be used & distributed as you please. Works published in the US between 1927 and 1964 may have been published with or without a copyright notice, and may or may not have been renewed by the author for a 28-year period beyond the first registration. In the case of Mr. Orwell (or Mr. Eric Arthur Blair un-pseudonymously), his work had such a copyright notice, but having died a year after the work was published in 1949, he did not get a chance to renew his copyright. That would have given him 95 years from the date of publication had he lived, or until 2044.
A search of the Copyright Office's Catalogs of Copyright Entries covering the period of 1891-1977 does not produce a subsequent registration for the work, so I believe you may use the digitized volume you identified unless it is a copy of a subsequent edition which may still be protected. The US Copyright Office also has a link-out program with the Internet Archive, should you wish an alternate copy to share with students. It may be read or downloaded HERE on Internet Archive, as well as embedded in a website via codes supplied on the listing. I note that while the work is about 400 pages in the original, many copies seem to be digitized with another work, Prey World, by an author named Alexander Merow. This apparently was a more recent German language work of a derivative nature to Orwell's. I can't determine why the two appear in the same digitized copy.
Answer: No
This ebook is being freely distributed at a website not authorized by the publisher. The copyright notice in the book itself makes clear that no copies are to be made, distributed or retained without permission by the publisher. Specifically:
No part of this work covered by the copyright herein may be reproduced, transmitted, stored, or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information networks, or information storage and retrieval systems, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of the publisher."
The use also fails on two of 4 factors typically reviewed as a test for "fair use": (1) the "amount and substantiality of the portion used," & (2) the "effect of the use on the potential market for, or value of, the source work." In both instances the download of this entire text as opposed to a brief quote would presumably have an impact on the publisher's ability to sell a user a digital copy of the text itself.
Answer: Yes
If the use was permitted by the publisher when the textbook was used earlier, then the use should still be acceptable even if the textbook is no longer being used in the current semester .
Answer: No
When an article is available in an online database, it is permissible to distribute a link to this article for all authenticated users (students, faculty, & staff) to connect to, view, and download. That is a service we pay for with our database subscription. Publishers and content providers (photographers, artists, movie producers, etc.) typically contract with vendors to receive a payment for each download or other type of recorded use.
When an instructor downloads one copy of an article for him- or herself and distributes it to multiple students, that person is bypassing this process and depriving the publisher of fees they are entitled to. This violates fair use even for academic exceptions. You are, in effect, reprinting (redistributing) this content multiple times instead of the publisher.
It does not matter if you place a copy of the article in a password-protected webpage (course management page) or otherwise attempt to securely share the digital file.
Even when a library owns a copy of the printed content, they are governed by rules concerning how often the same article is requested, how many articles are requested from a certain span of recent years, or from the same issue of a magazine or journal. Beyond certain allowed limits available to educational institutions, permission must be granted by the publisher and typically paid for by the user.
Recommendation: The NICC Libraries recommend that you link to articles and digital content you require students to read or view unless you have obtained permission from the publisher to reuse and reproduce material the way you intend.
Answer: No
This ebook is being freely distributed at a website not authorized by the publisher. The copyright notice in the book itself makes clear that no copies are to be made, distributed or retained without permission by the publisher. Specifically:
No part of this work covered by the copyright herein may be reproduced, transmitted, stored, or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information networks, or information storage and retrieval systems, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of the publisher."
The use also fails on two of 4 factors typically reviewed as a test for "fair use": (1) the "amount and substantiality of the portion used," & (2) the "effect of the use on the potential market for, or value of, the source work." In both instances the download of this entire text as opposed to a brief quote would presumably have an impact on the publisher's ability to sell a user a digital copy of the text itself.
Answer: Yes
Although I could not link to the URL provided (sent me to an error page), George Orwell's novel, 1984, should be in the public domain at this point and a copy of the original 1949 imprint may be used & distributed as you please. Works published in the US between 1927 and 1964 may have been published with or without a copyright notice, and may or may not have been renewed by the author for a 28-year period beyond the first registration. In the case of Mr. Orwell (or Mr. Eric Arthur Blair un-pseudonymously), his work had such a copyright notice, but having died a year after the work was published in 1949, he did not get a chance to renew his copyright. That would have given him 95 years from the date of publication had he lived, or until 2044.
A search of the Copyright Office's Catalogs of Copyright Entries covering the period of 1891-1977 does not produce a subsequent registration for the work, so I believe you may use the digitized volume you identified unless it is a copy of a subsequent edition which may still be protected. The US Copyright Office also has a link-out program with the Internet Archive, should you wish an alternate copy to share with students. It may be read or downloaded HERE on Internet Archive, as well as embedded in a website via codes supplied on the listing. I note that while the work is about 400 pages in the original, many copies seem to be digitized with another work, Prey World, by an author named Alexander Merow. This apparently was a more recent German language work of a derivative nature to Orwell's. I can't determine why the two appear in the same digitized copy.
Answer: No
When an article is available in an online database, it is permissible to distribute a link to this article for all authenticated users (students, faculty, & staff) to connect to, view, and download. That is a service we pay for with our database subscription. Publishers and content providers (photographers, artists, movie producers, etc.) typically contract with vendors to receive a payment for each download or other type of recorded use.
When an instructor downloads one copy of an article for him- or herself and distributes it to multiple students, that person is bypassing this process and depriving the publisher of fees they are entitled to. This violates fair use even for academic exceptions. You are, in effect, reprinting (redistributing) this content multiple times instead of the publisher.
It does not matter if you place a copy of the article in a password-protected webpage (course management page) or otherwise attempt to securely share the digital file.
Even when a library owns a copy of the printed content, they are governed by rules concerning how often the same article is requested, how many articles are requested from a certain span of recent years, or from the same issue of a magazine or journal. Beyond certain allowed limits available to educational institutions, permission must be granted by the publisher and typically paid for by the user.
Answer: Yes
If the use was permitted by the publisher when the textbook was used earlier, then the use should still be acceptable even if the textbook is no longer being used in the current semester .