That was from a somewhat different angle in that the issue in the Texaco case was multiple *copies made from a single subscription for several researchers in the same company. If I read Lorelie's email, this issue is the *quotation & small portions taken from a publication and reproduced in w/ court documents by a lawyer. Something that is a given when even a single subscription is purchased & used by an attorney. But to add, secondary/interptr. sources in court docs are not given the weight that primary sources/citations are. & in *most cases discouraged but not unheard of - depending on the case/issue (ie. expert witness writings/treatises in sp. issues )
Karen Mahnk
-----Original Message-----
From: demepont@tiac.net
Sent: Mar 18, 2004 12:35 PM
To: Lorelei Broskey <loreleibroskey@lehighcounty.org>
Cc: law-lib@ucdavis.edu
Subject: Re: (law-lib) ? on fair use
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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