um, hoping I don't sound like a snot, but the Texaco case
featured a bunch of research scientists who stockpiled
journal articles in their offices in case they might one day
write an article . . . factually it's not quite the same -
scott
>
> There is a 1992 case, American Geophysical Union v. Texaco
> that discusses fair use in the context of special
> libraries. Here, the court held the purpose of copying
> the research was commercial and rather than "research" per
> se and that the fair use exception did not apply. Here's
> a link to the case.
>
> http://www.law.cornell.edu/copyright/cases/60_F3d_913.htm
>
>
>
> -----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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