On 4/16/99, David Wilson <davidwilson[_at_]ucsd.edu> wrote:
>
> On Mon, 12 Apr 1999, Georgia Harper <gharper[_at_]utsystem.edu> wrote:
> >
> > I have determined for my institutions (Univ. of Texas System
> > Universities) that there is an important and significant
> > distinction between a for-profit copy shop and a nonprofit,
> > internal University operated copy shop
>
> I recommend the joint APA/NACS publication, Questions & Answers on
> Copyright for the Campus Community (or similar title), which has an
> extensive discussion of fair use in the campus setting. While not
> controlling, it has been cited and its guidelines discussed in federal
> district and circuit court opinions. A reading will probably change
> your mind about the significance of profit/non-profit enterprises
> as a controlling factor. Much more important are spontaneity,
> length/percentage of the selection, number of selections per course,
> etc. As the previous responder wrote, a copy is a copy and diminishes
> the value of the copyright. The distinction you are trying to draw
> may lie more properly between the researcher/copier as individual
> (fair use) and the enterprise/copier as reseller -- whether for- or
> not-for-profit (get permission).
I was curious to learn which courts have cited this publication, but after several boolean and freestyle searches on variations of the title, was unable to locate any opinions that do so. Perhaps my research skills are growing deficient, or perhaps, despite allowing several degrees of freedom, I failed to identify the correct key words from the publication title.
In any event, even if we were able to determine the correct title of the publication, I would be suprised if it yielded anything that was likely to change Georgia's analysis. I am fairly confident that I would reach the same conclusion in her place. The assertion that a "copy is a copy" is simply wrong; rather, as Justice O'Connor observes, free expression is the norm, to which intellectual property is the exception (no matter how much the APA might like us to believe otherwise).
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