I would think that precedent has at least some weight here. Numerous pleadings have included quotes from treatises & have never needed permission nor payment to quote. Same for extractions from form books offering templates. In theory the publisher could seek under copyright law, credit for & a fee from every legal contract drafted in part from say AMJur Pleading & Practice Forms Anno." However, the purchase of the book in itself has always been under the assumption that a practitioner would be using it in that way.... I wonder, are the publishers yet unhappy w/ their current profits & seeking again to change the copyright law & definitions in order garner more $?
Karen Mahnk
-----Original Message-----
From: Lorelei Broskey <loreleibroskey@lehighcounty.org>
Sent: Mar 18, 2004 11:30 AM
To: "Law-Lib (E-mail)" <law-lib@ucdavis.edu>
Subject: (law-lib) ? on fair use
I have a friendly academic argument going with a patron on Fair Use.
Other then the Law Firm Policy on the AALL site, does anyone have any thing
on what's fair use in legal writing FOR Attorneys?
Not for my library fair use guidelines, but for attorneys.
I am looking for the MAGIC bullet that says in no uncertain terms that it is
within, or not within, the fair use guidelines for an attorney to quote a
legal treatise (not a court case) in a pleading and/or attach a copy of the
pages in question without having to get special permission from for example,
"Mr. Expert on Torts." And then pay Mr. Expert a zillion dollars just to
copy the pages for the attorney's file.
I say Mr. Expert would not be writing that kind of book if he DID not expect
someone to quote it in legal writings, but since I can't come up with
something like a clear exception for "court related works" my "opinion" is
not holding any weight here.
The other side is arguing that most legal work is commercial and therefore
has the potential to make some money from the quoting of the sources,
therefore, it's ALL not fair use and the fair use doctrine does not apply.
Anyone give me any ideas??
Lorelei A. Broskey, MLS
Director of Library and Information Services
Lehigh County Law Library
455 W. Hamilton St
Allentown, PA 18101-1614
610-782-3308
fax 610-820-3311
The web site for the
Court of Common Pleas of Lehigh County is:
www.lccpa.org
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