RE: Texaco Decision

From: Carol A. Risher <0001750401[_at_]mcimail.com>
Date: Wed, 2 Nov 94 14:15 EST

 

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Forwarded message #1  

                                        Contact:  Judith Platt
                                                  202 232-3335
 
 
FOR IMMEDIATE RELEASE              
WASHINGTON, D.C.                   

October 31, 1994    

CORPORATE AMERICA MUST RESPECT COPYRIGHT Publishers Win Second Round of Texaco Suit  

     In a major copyright decision, a federal appellate court has reaffirmed the obligation of Texaco, Inc. to obtain permission from rights holders before photocopying individual articles from scientific journals.  

     The ruling, which was handed down on October 28 by the U.S. Court of Appeals for the Second Circuit, upholds the July 1992 landmark ruling by Federal Judge Pierre Leval that the unauthorized photocopying by employees of Texaco, Inc. of single copies of copyrighted articles in scientific and technical journals was not fair use under U.S. copyright law.  

     The Texaco suit was brought in 1985 by six named plaintiffs, all publishers of scientific journals and books, acting on behalf of American and European publishers who make their publications available for legal copying under licenses granted by the Copyright Clearance Center. (The Copyright Clearance Center is a not-for-profit organization created by publishers, authors, and users at the suggestion of Congress to collectively license copying beyond fair use.) The suit was initiated under the auspices of the Association of American Publishers (AAP), and subsequently has been administered and supported by the Association for Copyright Enforcement, Inc.(ACE), an independent, non-profit corporation representing authors and publishers.  

     Calling the ruling a "clear victory for copyright," CCC president Joseph Alen stated: "We hope that, as a result of the appellate court's decision, U.S. corporations that have not already done so will seek and obtain licenses from the Copyright Clearance Center that allow them to make lawful use of copyrighted materials."  

     Nicholas A. Veliotes, president of the Association of American Publishers, called the decision a "crucial victory in the effort to protect copyright and uphold the value of intellectual property." Veliotes offered special praise for the work of the plaintiffs' attorneys, Stephen R. Kaye, Jon Baumgarten and James F. Parver of the firm of Proskauer Rose Goetz and Mendelsohn, for their "brilliant and dedicated work in defending the rights of all creators."  

     The Association of American Publishers is the principal trade association of the U.S.book publishing industry. Its members publish hardcover and paperback books in every field, along with journals, classroom instructional and testing materials, software, and a range of electronic products. One of AAP's primary objectives is to nurture creativity by protecting and strengthening intellectual property rights, especially copyright.  

#0# Received on Wed Nov 02 1994 - 19:56:41 GMT