On 7/17/95, Brian Smith (BLSJDRP@delphi.com) asked:
>As I read statements from Schatz Paquin (A a law firm who
>represents West Publishing), West's position seems to be that
>lawyers have a fair use permit to photocopy individual cases
>from West reporters. Does this mean that under the Texaco
>decision, lawyers who copy a coase -- let's say an attorney
>zaps off a copy of a case in her area of expertise when the
>N.E.2d advance sheet crossers her desk, and files it for
>later reference -- have no legal defense and are relying only
>on hthe kindness of West not to sue for copyright violations?
Fair use _is_ a legal defense, not an affirmative right. As such, it comes
into play only when an otherwise valid infringement claim is made.
Generally speaking, West does not object to subscribers making and
appropriately using for review, research, provision to clients or courts,
and similar purposes, "convenience copies" of West case reports from the
West Reporters they subscribe to.
If any subscriber is in doubt about whether any particular planned copying
and use goes beyond the foregoing, it is easy to seek permission for the
specific intended copying and use. Simply write to Donna Gies, Permissions
Attorney, West Publishing Company, by mail at 610 Opperman Drive, Eagan, MN
55123; or by fax at 612/687-7551.
Jim Schatz
Schatz Paquin Lockridge Grindal & Holstein
(of which West Publishing is a client)
splgh@primenet.com
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