> Anyone give me any ideas??
How about Bond v. Blum (317 F.3d 385), which says that copyrighted works may
be included in court filings as evidence? The circumstances are somewhat
different than what you've described, but the basic idea is relevant: if
you've not run afoul of section 107 of the Copyright law, it's ok to include
copyrighted works.
And I think the use you've described is fine vis-a-vis Title 17. If you
look at the "four factors to be considered" when determining fair use: yes,
the use is commercial, but that by itself does not rule out fair use; it is
unrealistic for an authoritative treatise to not be cited as such in legal
proceedings; you're only using a copy of pages; and if anything citing an
authority in a legal proceeding is only going to bolster the treatise's
reputation.
And, of course, section 107 isn't the final word on fair use, as section 108
discusses libraries. One supposes that as long as the copyrighted work
included the appropriate notices and came from a qualifying library the use
would be ok.
Two articles that discuss the section 108 angle of things can be found at
"Copyright, fair use and the for-profit sector"
http://www.findarticles.com/cf_0/m0FWE/5_6/85880884/p1/article.jhtml
"Where Have You Gone, Fair Use: Document Delivery in the For-Profit Sector"
http://www.findarticles.com/cf_0/m0FWE/1_4/62214019/p1/article.jhtml
At least, that's our consensus here. But the real question is: why would
you cite to a copyrighted treatise in the first place? Why not cite to the
cases or codes the treatise cites instead, and just avoid the whole issue?
Erik Y. Adams
Electronic Resources Librarian
Sheppard, Mullin, Richter & Hampton
eadams@sheppardmullin.com
(213)617-5429 / Fax: (213)620-1780
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