Re: Re: please help - case law for mult copies?

From: Andrew SkinnerLopata <asl[_at_]efn.org>
Date: Mon, 23 Oct 2006 17:05:00 -0400


Try Princeton University Press v. Michigan Document Service, <http://www.law.cornell.edu/copyright/cases/99_F3d_1381.htm> 99 F.3d 1381 (6th Cir. 1996). I think it answers your question. BTW, the US Supreme Court denied cert.

Judge Merritt's dissent is in line with your reading of the statute:

"The copying done in this case is permissible under the plain language of the copyright statute that allows 'multiple copies for classroom use:' '[T]he fair use of a copyrighted work . . . for purposes such as . . . teaching (including multiple copies for classroom use), . . . is not an infringement of copyright.' 17 U.S.C. Section(s) 107."

However, the majority thought his argument lacked merit.

-Andy



Andrew SkinnerLopata
Attorney at Law
PO Box 12155
Eugene, OR 97440
541.342.5587
541.342-6683 (FAX)
asl[_at_]efn.org

Belvadi, Melissa wrote:
> I appreciate the pointers and opinions that Steven, Laura, and Seso gave
> me, but what I really was asking for was case law or other specific
> court or lawsuit incidents that might be relevant to a purely
> non-profit, entirely print face-to-face context. Utexas can make any
> guidelines they want for internal use, but they don't have the force of
> law, nor do any of the other guidelines in the links provided.
>
> I would have thought that my situation was the simplest example of a
> straightforward interpretation of the "multiple copies for classroom
> use" clause, and if what we want to do isn't allowed under Fair Use, I
> would like for someone to give me an example of what IS legally allowed
> under that clause according to an actual court of law. I don't accept
> publisher-agreed guidelines as having any force of law unless the
> legislature or courts have specifically given them that. Please cite a
> case for me, if that has happened.
>
> Thank you again!
>
> Melissa Belvadi
>
>
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Received on Tue Oct 24 2006 - 01:05:00 GMT

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