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29 Ga. L. Rev. 1233 (1994-1995)
American Geophysical Union v. Texaco, Inc.: Expanding the Copyright Monopoly

handle is hein.journals/geolr29 and id is 1243 raw text is: AMERICAN GEOPHYSICAL UNION V. TEXACO, INC.: EXPANDING THE COPYRIGHT MONOPOLY I. INTRODUCTION Like their counterparts in research and development depart- ments at other corporations,1 scientists employed by Texaco, Inc. routinely made photocopies of articles from scientific journals to which Texaco subscribed for future reference and use in their research. Unlike their counterparts, however, their employer was sued for it. American Geophysical Union and eighty-two other publishers of scientific and technical journals brought a class action against Texaco, claiming that Texaco's unauthorized photocopying of articles from their journals constituted copyright infringement.2 Among other defenses, Texaco claimed that its copying was fair use under Section 107 of the Copyright Act of 1976.' After a limited issue bench trial, the district court concluded that a Texaco researcher's photocopying of eight articles from the Journal of Catalysis was not fair use and therefore infringed upon the publisher's copyright.4 The Second Circuit Court of Appeals, in a split decision, affirmed the district court's decision.' This Comment considers the application of the fair use defense to the facts of American Geophysical Union v. Texaco, Inc.' and concludes that the Second Circuit erred in ruling that the defense was not available. The Comment argues that the Second Circuies holding is inconsistent with Supreme Court precedent and the constitutional purpose of copyright protection and, furthermore, that the holding effectively usurps congressional power to legislate copyright law. Itis commonplace for scientists employed atTexaco, and in industry generally, to make for themselves ... photocopies of particular articles that are expected to be useful in their work. American Geophysical Union v. Texaco, Inc., 802 F. Supp. 1, 4 (SMD.N.Y. 1992). 2Id. s Copyright Act of 1976 § 107, 17 U.S.C. § 107 (1988 & Supp. V 1993). 4 Texaco, 802 F. Supp. at 28. 'American Geophysical Union v. Texaco, Inc., 37 F.3d 881 (2d Cir. 1994). 'ld. 1233

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