Re: please help: case law re: mult copies classroom use,non-profit

From: Laura Young Bost <laura[_at_]utpress.ppb.utexas.edu>
Date: Mon, 16 Oct 2006 15:05:00 -0400
Melissa, I recommend the University of Texas System website as a place to start:


http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#rules

and

http://www.utsystem.edu/OGC/IntellectualProperty/copypol2.htm#course

which specifically addresses coursepack copying by non-profit on campus copy shops.

Good luck,
Laura


--
Laura Young Bost, Rights Manager
University of Texas Press
P.O. Box 7819, Austin, TX 78713-7819
tel:512/232-7625; fax:512/232-7178
email: laura@utpress.ppb.utexas.edu
Please visit our NEW website at http://www.utexaspress.com
*************************************************************

On Monday, October 16, 2006 12:35 PM, Belvadi, Melissa <mbelvadi@maryville.edu> wrote:
>
>Hello, all.

>I work at an independent non-profit higher ed institution, and
>am trying to determine on behalf of my entire faculty whether
>our campus "general services" office, which is the campus
>copying center and is staffed entirely by university employees
>(no outsourcing or profit issues at all), can make photocopies
>of book chapters and journal articles for our faculty to pass
>out in face-to-face classes, under the "multiple copies for
>classroom use" clause. (Currently they refuse to make any
>copies of anything at all that a third party holds the
>copyright to, in any amount and for any purpose.)

>I'm trying to find all case law and indeed all incidents anyone
>knows about of cases, even suits that were settled out of court
>and produced no case law, regarding, in the non-profit higher
>education context copying entire scholarly journal articles and
>book chapters by the campus' own full-time employees for
>face-to-face in-classroom use. I'm not concerned about
>multimedia, or electronic anything, but simple paper copies of
>entire journal articles, or entire book chapters (but not an
>entire book) that would be passed out to students in a direct face-to-face class.

>I'm aware of the MDS case, but am a bit confused as to how much
>of the decision rode on an outside for-profit entity doing the
>copying. I'm also aware of the NACS/AAP "Guidelines" but I've
>also been told that campus bookstores have a different, almost
>for-profit, legal status even at a non-profit institution so
>that might not apply to my situation.

>I haven't been able to find a single copyright case involving
>print, non-fiction sources at a non-profit higher ed site where
>there were absolutely no connections in the case to any for-profit business.
>  
>Please don't ask why a librarian is doing this instead of a university attorney.

>Thanks for any assistance you can give!

>
>Melissa Belvadi
>Systems and Services Librarian
>Maryville University Library
>650 Maryville University Drive, St. Louis, MO 63141
>
mbelvadi@maryville.edu
>314-529-9531
>Fax: 314-529-9941
>  
Received on Mon Oct 16 2006 - 23:05:00 GMT

This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:57 GMT