36 Copyright L. Symp. 33 (1986)
Fair Use and University Photocopying: Addison-Wesley Publishing Co. v. New York University; Brandfonbrener, Eric D.

handle is hein.journals/cpyrgt36 and id is 51 raw text is: NATIONAL SECOND PRIZE

Fair Use and University Photocopying:
Addison-Wesley Publishing Co. v.
New York University
ERIC D. BRANDFONBRENER
UNIVERSITY OF MICHIGAN LAW SCHOOL
IN Addison-Wesley Publishing Co. v. New York University,'
nine publishers alleged that New York University (NYU),
nine NYU professors and lecturers, and a photocopying store
located near NYU's campus had infringed copyrights owned
by the publishers.' The publishers, all members of the Asso-
ciation of American Publishers (the AAP), claimed that the
educators illegally used photocopies of copyrighted works in
their classes.3 The case marks the first time a university and
'1983-1984 Copyright L. Dec. (CCH) ff 25,544 (S.D.N.Y. 1983) (stipulated
order and final judgment pursuant to settlement agreement between the pub-
lishers and the photocopy store) (available on WESTLAW, Allfeds data base).
The settlement between the publishers, NYU, and the NYU faculty members,
signed April 7, 1983, No. 82 Civ. 8333 [hereinafter cited as the NYU settlement
or the NYU Settlement Agreement], is unpublished. The NYU settlement is
reprinted in part below, see infra notes 6-12 and accompanying text.
2 Plaintiff's Complaint at 3-4, Addison-Wesley Publishing Co. v. New York
Univ., 1983-1984 Copyright L. Dec. (CCH) ff 25,544 (S.D.N.Y. 1983). See also
McDowell, College Copy Mills Grind Quickly, So Publishers Sue, N.Y. Times,
Dec. 19, 1982, § 4, at 18, col. 1.
' The publishers charged the parties with 13 counts of copyright infringement
under the Copyright Act of 1976 (the Act) for producing copies of copyrighted

Purchase Short-Term Access to HeinOnline

Prices starting as low as $29.95

Already a Subscriber?

What Is HeinOnline?

Learn More About the Law Journal Library (pdf)

We also offer annual subscriptions to universities, colleges, law firms, organizations, and other institutions. To request a quote please visit http://home.heinonline.org/subscriptions/request-a-quote/

Please note: the content in the Law Journal Library is constantly changing and some content has restrictions as required per the license. Therefore, please review the available content via the following link to ensure the material you wish to access is included in the database. For a complete list of content included in the Law Journal Library, please view http://www.heinonline.org/HOL/CSV.csv?index=journals&collection=journals