Re: Electronic Reserves

From: Bob Stock <bstock[_at_]ucla.edu>
Date: Fri, 13 Nov 1998 19:04:13 -0800

On 11/12/98, Laura N. Gasaway <unclng[_at_]email.unc.edu> wrote:
>
> Something else that has not been discussed in this
> thread concerning students making personal copies of library
> materials for their own use is whether there is a personal use
> exemption in copyright.
>
> Professor Ray Patterson, in his 1991 book "The Nature of
> Copyright" states that he believes that there is a personal use
> exemption to copyright. He defines personal use as "the
> private use of a work for one's own learning, enjoyment, or
> sharing with a colleague or friend -- without any motive for
> profit." Ray believes that the 1976 appears to abrogate the law
> of personal use but that personal use exists by virtue of the
> policies and principles of copyright. Fair use and the other
> exemptions are directed to the commercial use or marketing of
> copyrighted works.
>
> If there is a right of personal use that exists apart from
> the statute, would it not cover students making photocopies for
> works for their own study and research?

But on what basis does this "right" exist? Just because Professor Patterson would like it to be so? You imply that Patterson said that the 1976 Act removed the "right," but what made it exist even before the 1976 Act? And what does he mean by the "policies and principles of copyright?" One could argue that such a "right" makes sense as a species of fair use, but I doubt that it would fly. Or one could argue for inserting such an exemption into the current legal framework, but for the moment I don't see any such right.

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Bob Stock <bstock[_at_]ucla.edu>
UCLA School of Law '98
http://www.geocities.com/Paris/1206/

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Received on Sat Nov 14 1998 - 03:06:31 GMT