re: Texaco

On Tue, 15 Nov 1994, Michael Lean wrote:
>
> Hi All,
>
> Something I've been wondering about; Did the CCC actually hold the
> licence for the periodical in question in the Texaco case? Might it
> have made a difference to the decision if they didn't? (I assume
> they did.)
>
> Cheers,
> Mike
> "Remis velisque"
>
> Michael Lean
> <m.lean[_at_]qut.edu.au>

     Michael raises an excellent point. Yes, the journal Catalysis was registered with the CCC. The majority opinion certainly raises the question about whether other publishers which have not joined the CCC or which exempt certain publications will be able to use the Texaco opinion as any precedent for an argument that similar copying is not fair use. The existence of the licensing system continues to be important to the court, and if a publisher fails to use the system, I wonder if it can make the same argument?

	Lolly Gasaway
	Director of the Law Library & Professor of Law
	Univ. North Carolina
	LAURA_GASAWAY[_at_]UNC.EDU