Wednesday, February 20, 2013

Kinko;s World

retroflexright and the university community

University copy centers - do they pass the fair delectation test?

(Note: After this article was published, the Second Circuit resolved a case addressing these same issues. For further information on this subject, please read Coursepacks and fair use: Issues raised by the Michigan Document Services case.)

Recent developments in procure law provide the basis for potential legal claims against The University of Texas ashes and its component institutions with respect to the reproduction of certain printed material by Copy Centers. A Copy Center, for purposes of this discussion, is a University facility that accommodates the need of faculty and students for reasonably priced copies of materials that are required reading. Faculty members broadly submit their required reading lists, i.e., chapters, articles, or excerpts from books and other publications, and the Copy Center prepares packets that contain these materials and makes them available to students. The charge for these packets is based upon the represent of preparation, including overhead, without any profit.

Ordinarily, copying printed material without the permission of the copyright owner is a violation of the rights of the copyright owners.

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Educational institutions have enormous relied upon the fair use exception of the copyright laws for protection from financial obligation for the copying activities of Copy Centers.1

Section 106 of the Copyright Act provides that playing area to sections 107 through 118, the owner of copyright under this title has the scoopful rights to do and to authorize any of the following:

(1) to reproduce the copyright work in copies or phonorecords; . . .

Section 107 provides that

Notwithstanding the alimentation of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching...If you want to get a full essay, order it on our website: Orderessay



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