Use Without Permission

Posted on 4/4/1997 by Jim Pickerell | Printable Version | Comments (0)

71

Use Without Permission


April 4, 1997

Articles and book chapters may be used in university coursepacks only
with permission of the copyright owner. That's the definitive word
from the U.S. Supreme Court, which this week declined to hear a final
appeal from a Michigan copy shop, which has been arguing in court that
compiling excerpts--in one case as much as 30 percent of a book--to
sell to students for assigned reading was "fair use" and required
neither permission nor fee. The shop was sued by three publishers.


Last year, in an unusual author-publisher alliance, the Authors
Registry, the Authors Guild, the American Society of Journalists and
Authors and the Text and Academic Authors Association filed a brief in
support of the publisher plaintiffs. The 6th U.S. Circuit Court of
Appeals voted 8 to 5 against the copy shop, ruling that "commercial
exploitation of the copyrighted materials did not constitute fair
use."


Now, perhaps publishers and authors can get down to settling the
question of just who should be granting permission and accepting the
fees. Authors maintain that some publishers, acting directly or
through the Copyright Clearance Center, either grant reprint
permission without authority or fail to divide reuse fees with authors
even when required to do so by contract.

See Photocopying Books, (article 60) for background.


Copyright © 1997 Jim Pickerell. The above article may not be copied, reproduced, excerpted or distributed in any manner without written permission from the author. All requests should be submitted to Selling Stock at 10319 Westlake Drive, Suite 162, Bethesda, MD 20817, phone 301-251-0720, e-mail: wvz@fpcubgbf.pbz

Jim Pickerell is founder of www.selling-stock.com, an online newsletter that publishes daily. He is also available for personal telephone consultations on pricing and other matters related to stock photography. He occasionally acts as an expert witness on matters related to stock photography. For his current curriculum vitae go to: http://www.jimpickerell.com/Curriculum-Vitae.aspx.  

Comments

Be the first to comment below.

Post Comment

You must log in to post comments.

Stay Connected

Sign up to receive our FREE weekly email listing new stories posted.

Follow Us

Free Stuff

Recent Stories – Summer 2016
If you’ve been shooting all summer and haven’t had time to keep up with your reading here are links to a few stories you might want to check out as we move into the fall. To begin, be sure to complet...
Read More
Corbis Acquisition by VCG/Getty Images
This story provides links to several stories that relate to the Visual China Group (VCG) acquisition of Corbis and the role Getty Images has been assigned in the transfer of Corbis assets to the Gett...
Read More
Finding The Right Image
Many think search will be solved with better Metadata. While metadata is important, there are limits to how far it can take the customer toward finding the right piece of content. This story provides...
Read More
Where Is The Stock Photo Industry Headed?
For new readers, or those who may have missed some of what I have written over the last few months, the following are a list of stories worth looking at to get a sense of where the industry is headed.
Read More
Photography As A Career
It’s that time of year when high school seniors are waiting for college acceptance letters and thinking about future careers. If you know someone who is thinking about photography as a career you mig...
Read More
2014 Stories You May Have Missed
For many the end of the year is a time to review past experiences and consider whether it makes sense to chart a new course in the year ahead. Stock photography has changed dramatically for professio...
Read More
More Stories In 2014 You May Have Missed
Every so often I put together a list of the most important stories we’ve published in the recent past. If you are engaged in the business of stock photography the links below are to stories that we’v...
Read More
Getty: A Three Month Review
In all the excitement about 35 million FREE images it is worth looking back at some of things that have been happening at Getty Images in the last three months. After watching revenue decline for the...
Read More
State Of Stock Photo Industry: 2013
If you’re looking for an overview of the state of the stock photo industry as of October 2013 the stories listed below are a good place to start. Regular readers of Selling-Stock will have seen all t...
Read More
Education Market Shifts To Digital
If supplying pictures for educational use is a significant part of your business plan you need to be aware of how the market is trending toward digital delivery and how that is likely to affect the p...
Read More

More from Free Stuff