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16 Law Lines 1 (1991-1992)

handle is hein.lbr/lalins0016 and id is 1 raw text is: LLAGNY LAW LINES September/October 1991 COPYRIGHT IN THE FOR-PROFIT ENVIRONMENT By: Jean O'Grady, Jean P O'Grady & Associates The Private Law Libraries SIS hosted a thought- provoking program about copyright and addressed the new militancy of publishers, their methods for detecting infringement, and the potential liability of librarians. A few solutions were proposed but these were somewhat simplistic, and the speake were a bit too quick to dismiss many truly ambiguous situations librarians often confront. Professor Paul Goldstein of Stanford University Law School, Mark Mutterperl of Fulbright & IN THIS ISSUE Copyright In the For-Profit Environment...... ........... President's Column ..................................5 Editor's N ote......................................................................... 6 AALL 1991 O verview.............................................................S W Help LLAGNY's Education Committee Plan Future Programs, and Win Fifty Dollars.........................9-10 Uptown Luncheon ............................. 11 Downtown Luncheon..............................-....11 Greater New York Metropolitan Area Chapter Association of College and Research Libraries Annual Symposium ......... 12 Advertising Committee Report ........................................... 12 LLAGNY MCLE Committee Draft Mission and Goals Statement.................................13 LLAGNY Committees Chairpersons Duties and Goals..........13 Continuing Education Calendar.................... 13 Membership Dues Notice Will Be Sent ... ............... 14 EC 1992 and Beyond - Access to Information Documentation Workshop ............................................. 15 Membership News.............................17 LLAGNY Job Hotline...........................18 Membership Directory 1990-1991 ........ ...........18 Independent Librarians................................20 Can You Play Post Office?........ .......................20 Volunteers Committee Call for Volunteers . .............21 Second Northeast Regional Law Library Conference ............22 Associate & Assistant Library Directors' Meeting..............23 Associate & Assistant Library Directors' Breakfast............23 Public Access/Legal Administration Services to the Public (LISP) Committee.........................24 Union List Plans for 1991-92.........................24 New Attorney Directory Publications ....... .........24 Largesse...................................27 Union List Corrections ......................29 Directory Corrections...........................29 Public Relations Committee ......................29 Volunteers Committee ....................29 Salary Surveys .......................... .....30 New York Law Librarians Technical Services Roundtable..........30 Law Library Association of Greater New York Treasurer's Report 1990-1991........................................................ 30 Volume 16, No. 1 Jaworski and Mary Beth Peters, an advisor to the Register of Copyrights, were on the panel. Professor Goldstein outlined the rules governing copyright in the private firm library. In particular, he examined whether private firm libraries could find a safe harbor in section 107, the fair use exemption, or section 108, the library archives exemption. the library archives exemption allows only one photocopy and applies only if three conditions are met: 1) the photocopying provides no direct or indirect commercial advantage; 2) is open to the public or available to researchers; and 3) the photocopy bears a copyright notice. The speaker pointed out that if the firm added a surcharge on photocopying, this would be the type of indirect commercial advantage which would take the copying out of this exception and be impermissible. From the speakers' perspective, the archival exemption would only justify making a photocopy when the material is unavailable in the marketplace for a reasonable price. According to the panel, librarians cannot make an archival copy of a newsletter which is unlikely to survive the routing process. The fair use exemption considers four factors: 1) the purpose of the photocopying; 2) the nature of the copyrighted work; 3) the amount copied in relation to the whole; and 4) the effect of photocopying on the potential market for the work. Photocopying of newsletters was of particular concern to both the speakers and the audience. The bottom line is newsletters cannot be photocopied because each issue is a complete unit which stands on its own. Newsletters are particularly susceptible to photocopying because they are very current, very short, and very expensive. The consequences of photocopying are particularly damaging because subscriptions are the sole source of revenue and newsletters do not generally accept advertising. The legislative history of the Copyright Act of 1976 indicates the 'lair use exception should be interpreted more narrowly for newsletters than for other publications. LAWLINES I

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