MDS Redux

For those of you who disagreed with the 6th Circuit's original opinion, do you have a problem with a student being protected by fair use when photocopying (5%, 15%, 25%) of a protected work (assuming it is not the 'heart of the work')?

Does the case turn on the 'noncommercial' nature of the student's copying vs. the 'commercial' nature of the copyshop's work?

Second, does it matter if the copyshop does the copying for free, on a cost recovery basis, or for a profit? For example, does a not-for- profit University that runs an internal copyshop more resemble a student or a for-profit copyshop? Why?

Which factor converts the copyshop from an economically efficient agent of the student to a commercial enterprise? Is it the exchange of money, charging for materials, charging for labor, or making of a profit?

• Jonathan

  ---

  Jonathan Franklin 801 Monroe Street Reference Librarian/Foreign Selector Ann Arbor, MI 48109-1210 University of Michigan Law Library Tel. 313-764-6150 jafrank[_at_]umich.edu Fax. 313-936-3884