For clarification purposes, I have posted the portion of USC Title 17
relevant to this issue below.
Sec. 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or phono
records or by any other means specified by that section, for purposes such
as criticism, comment, news reporting, teaching (including multiple copies
for classroom use), scholarship, or research, is not an infringement of
copyright. In determining whether the use made of a work in any particular
case is a fair use the factors to be considered shall include -
(1) the purpose and character of the use, including whether such use is of
a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the
copyrighted work. The fact that a work is unpublished shall not itself bar a
finding of fair use if such finding is made upon consideration of all the
above factors.
If copying the cases is for the purpose of teaching, it appears that it
falls within the "fair use" provision of the code.
Gayle O'Connor, Legal Industry Marketing Specialist
mailto:goconnor@courtlink.com
CourtLink
electronic access to our nation's courts
http://www.courtlink.com
1-800-774-7317
-----Original Message-----
From: Merring, Lynn Connor [mailto:LMerring@KelleyDrye.com]
Sent: Wednesday, June 02, 1999 11:04 AM
To: law-lib@ucdavis.edu
Subject: RE: Reporter copyright question
But don't they still have copyright on the headnotes?
Lynn Connor Merring
Kelley Drye & Warren LLP
777 S. Figueroa St., Suite 2700
Los Angeles CA 90017
213-688-8220
> -----Original Message-----
> From: David Selden [SMTP:dselden@narf.org]
> Sent: Wednesday, June 02, 1999 10:58 AM
> To: Michaelson, Melanie; 'Mecklenberg, Lisa'; law-lib@ucdavis.edu
> Subject: Re: Reporter copyright question
>
> I question whether permission is really needed in light of the recent U.S.
> Supreme Court decision upholding the court of appeals decision involving
> West.
>
> See message below...
>
> U.S. Supreme Court Rejects West's Copyright Appeal
> WASHINGTON (Reuters) - The U.S. Supreme Court rejected Tuesday a West
> Publishing Co. appeal of a ruling that the Thomson Corp. subsidiary was
> not
> entitled to copyright protection for its database of judicial opinions.
>
> The high court's action, without comment or dissent, was a victory for
> Matthew Bender & Co. Inc., a subsidiary of Reed International Plc. and
> Elsevier NV, and for HyperLaw Inc., both of which publish opinions on
> CD-ROM discs.
>
> The case was brought by West against HyperLaw and Matthew Bender & Co.,
> alleging the two companies infringed on West's copyright protection when
> they scanned U.S. Supreme Court and federal appeals court rulings directly
> from West publications.
>
> West, the legal publishing giant based in Eagan, Minn., compiles judicial
> opinions from around the country, summarizes them and adds its own system
> of page citations.
>
> A federal judge in New York and then a U.S. appeals court ruled that West
> does not enjoy copyright protection in this particular case.
>
> The appeals court held that publishers who compile court opinions on
> CD-ROM
> do not violate copyright laws when they use what is known as ``star
> pagination,'' referencing the page numbers used by West. West's page
> numbers are the standard citation reference widely required by courts.
>
> In appealing to the Supreme Court, West said the case involved ``one of
> the
> most important copyright issues of the information era.''
>
> It said the appeals court ruling has provided would-be infringers of
> copyrighted compilations with complete insulation from liability as long
> as
> they make their copy available digitally.
>
> ``In this case, a copyrighted arrangement -- West's original arrangement
> of
> case reports in numerous copyrighted compilations -- has been denied
> protection from electronic copying,'' the company said.
>
> West also sought review of the appeals court decision to deny copyright
> protection to its editorial additions and revisions in adapting judicial
> opinions into its volumes of compiled case reports.
>
> Attorneys for Matthew Bender & Co. urged the Supreme Court to grant review
> and summarily affirm the appeals court ruling.
>
> The Justice Department did not file any briefs before the Supreme Court,
> but its head of the antitrust division, Joel Klein, said the appeals court
> ruling will lead to increased competition and lower prices in the legal
> publishing market.
> From: Michaelson, Melanie <MMichaelson@JacksCamp.com>
> To: 'Mecklenberg, Lisa' <Lmecklenberg@state.mt.us>; 'law-lib@ucdavis.edu'
> <law-lib@ucdavis.edu>
> Date: Wednesday, June 02, 1999 10:29 AM
> Subject: RE: Reporter copyright question
>
>
> >I had to do this once and yes you need permission. I called the general
> >West Number and they connected me to someone in their legal department.
> >They required information such as the name of the class, the school,
> >etc.
> >
> >Melanie Michaelson
> >Librarian
> >Jackson & Campbell, P.C.
> >1120 20th Street, N.W.
> >Washington, D.C. 20036
> >Phone: 202-457-1643
> >Fax: 202-457-1678
> >Mmichaelson@jackscamp.com
> >
> >
> > -----Original Message-----
> > From: Mecklenberg, Lisa [SMTP:Lmecklenberg@state.mt.us]
> > Sent: Wednesday, June 02, 1999 12:07 PM
> > To: 'law-lib@ucdavis.edu'
> > Subject: Reporter copyright question
> >
> > Hello all,
> >
> > I should probably know the answer to this already but... I've
> >been
> > contacted by a teacher who wants to copy about 20 cases out of
> >various West
> > Reporters for a class of approximately 30 students. She is
> >wondering if she
> > needs to get copyright permission from West to do this. Does
> >she? And if
> > so, does anyone have any specific contact information for this
> >besides the
> > generic West phone number?
> >
> > As always--thanks.
> >
> > Lisa
> >
> > ----------------------------------
> > Lisa Mecklenberg
> > Electronic Services Librarian
> > State Law Library of Montana
> > Justice Building, 215 N. Sanders
> > Helena, MT 59620-3004
> > (406) 444-9285--phone
> > (406) 444-3603--fax
> > lmecklenberg@state.mt.us
> >
> > ( o o )
> > +-------------.oooO--(_)--Oooo.--------------+
> > | Visit the |
> > | State Law Library of Montana Webpage |
> > | http://www.lawlibrary.state.mt.us |
> > | .oooO |
> > | ( ) Oooo. |
> > +---------------\ (----( )-----------------+
> > \_) ) /
> >
> >
> >
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