[The Montana Professor 1.3, Fall 1991 <http://mtprof.msun.edu>]

Fair Use Doctrine: A Decision

Linda Burgess
Educational Foundations
Eastern Montana College

A federal district court has ruled against Kinko's Graphics Corporation in a suit regarding copyright infringements. Two New York City kinko's shops were accused of illegally reproducing substantial portions of books to be used in anthologies for professors.

Kinko's offers Copyright Permissions Services designed to assist their customers in requesting copyright permissions. The fee for this service is now included in the cost of the printing job. Kinko's also has been working to establish agreements with many key publishers which allows Kinko's the flexibility to give automatic copyright clearance.

According to the Association of American Publishers, Inc., publishers are striving to provide copyright permissions quickly and easily. AAP has provided the following statement for faculty and others outlining how to obtain copyright permissions whether the request is made by an individual or through a college store or copy service:

  1. Request permission at the same time you order textbooks, the earlier the better in the event your request cannot be granted and you need to substitute other materials. Publishers do not always control rights and need time to research the extent to which permission may be granted.

  2. Direct your request to the publisher's Copyrights and Permissions Department, not the author. If publishers do not control the rights, they will inform you whom to contact.

  3. Include all of the following information in your request:

    1. author's, editor's, translator's full name(s)
    2. title, edition, and volume number of book or journal
    3. copyright date
    4. ISBN for books, ISSN for magazines and journals
    5. numbers of the exact pages, figures, and illustrations
    6. if you are requesting a chapter or more: both exact chapter(s) and exact page numbers
    7. number of copies to be made
    8. whether material will be used alone or combined with other photocopied materials
    9. name of college or university
    10. course name and number
    11. semester and year in which material will be used
    12. instructor's full name

  4. Request permission whether or not works are in print.

  5. Provide your complete address and the name of a contact person and telephone number in case there are any questions.

In many cases your college sore, or other service can assist you and/or provide appropriate forms. The publisher's response form will provide the information about payment and fees which are determined by the individual publisher. A booklet, Questions and Answers on Copyright for the Campus Community, is available through most college stores or on request form AAUP.

With the federal court's strict interpretation of The Fair Use Doctrine in the case involving Kinko's copyshops, the Montana academic community must be scrupulous in obtaining permission to use copyrighted material. Even more important than what the law requires is our own ethical obligation. We must keep in mind that these authors are our colleagues and we need to respect their intellectual property.

[The Montana Professor 1.3, Fall 1991 <http://mtprof.msun.edu>]

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