Re: class use policy

Prof. Labuza presents a most unfortunate dilemma involving photocopying an extensive portion of a textbook with permission--but with permission he can no longer document. His obvious concern is a records management one: he now knows that he should have retained all records granting him the permission. For how long? For at least the length of the statute of limitations after the last possible use of the materials. The statute of limitations is three years (Copyright Act, section 507). The last possible use: Who knows? He has copied the materials for years, and may do so for years to come. He may have to keep the records for three years after retirement.

What should he do now? He has two choices. First, a license (which a permission is) need not be in writing, so he can make the copies himself or take it to a willing copy shop and rely on his good word in the event of infringement allegations. Second, he can start the process anew, explain the circumstances, and hope the publisher kindly gives the permission again. Please get in it writing, and this time put the letter in your safe deposit box.

Because he has posted all the details (including the publisher's name) on this list, and because this list is read by individuals with "connections," the publisher probably already knows the events and may be waiting to hear from the professor. Despite the bad rap that publishers get in the academic world, you may be surprised by the cooperation you receive. Please keep the list informed of the developments--you present a most fascinating case study.

Kenneth D. Crews
Associate Professor of Business Law
San Jose State University
<crews[_at_]sjsuvm1.bitnet> Received on Thu Mar 10 1994 - 19:04:40 GMT