Re: Educational Use of Consumable Materials

From: Kevin Grierson <kgrierson[_at_]wilsav.com>
Date: Thu, 20 Nov 2003 14:30:30 -0500

Many publishers are quite active at pursuing such copiers when they find out about them. I represented a teacher who had been threatened with suit by a large educational publisher because he copied substantial portions of a book to use in his classes. The classes were fairly technical, and students paid a fair amount to take the 3 day course, so I'm sure that was a motivating factor, but the publisher was pretty aggressive about the matter. I'd say it really comes down to how risk averse the school is, because if they get caught I'd be surprised if the publisher doesn't press its claim.

kwg

Kevin W. Grierson
Willcox & Savage, P.C.
One Commercial Place, Ste. 1800
Norfolk, Virginia 23510

mailto:kgrierson[_at_]wilsav.com
ph: 757/628-5603 fx: 757/628-5566
http://wilsav.com

>>> bjbrown[_at_]knowledgelaw.com 11/20/03 11:30AM >>>
I know of a private K-12 school that is interested in a particular issue related to copyright law. Apparently, with plenty of practice over a period of several years, they have become adept at using a copy machine to reproduce consumable materials--i.e., student homework sheets--from the single copy of the work that they purchased. I can talk about the de jure copyright law with no problem. I am interested in the defacto law in this particular area. I am particularly interested in information that would help them decide whether they should terminate their present practice.

Is anyone aware of any publisher, e.g., Prentice-Hall, taking any enforcement action in recent years against a private school for this type of infringement? If so, are you aware of any settlement that may have been reached? If so, do you know the terms of any such settlement? If so, are you free to disclose them to me?

Bradley J Brown
Attorney at Law

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Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Fri Nov 21 2003 - 00:30:30 GMT