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

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or the NYU Settlement Agreement], is unpublished.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

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