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Am. Geophysical Union v. Texaco Inc - 60 F.3d 913 (2d Cir. 1994)

Rule:

The amount and substantiality of an original work used by a secondary user gives insight into the purpose and character of the use to determine whether the quantity of the material used was reasonable in relation to the purpose of the copying.

Facts:

Plaintiffs American Geophysical Union and 82 other publishers of scientific and technical journals (Publishers) brought a class action claiming that Defendant Texaco's unauthorized photocopying of articles from their journals constituted copyright infringement. Among other defenses, Texaco claimed that its copying was fair use under section 107 of the Copyright Act, 17 U.S.C. § 107 (1988). The United States District Court for the Southern District of New York held, after a limited-issue bench trial, that the photocopying of eight articles from the Journal of Catalysis for use by one of Texaco's researchers was not fair use. Defendant Texaco sought review, as an interlocutory appeal under 28 U.S.C.S. § 1292(b), of that decision rejecting defendant's fair use defense.

Issue:

Is photocopying of plaintiff’s copyrighted work considered fair use?

Answer:

No.

Conclusion:

The United States Court of Appeals for the Second Circuit affirmed the judgment rejecting defendant's fair use defense to infringement of plaintiffs' copyrighted materials. The appellate court applied the four factor fair use assessment set 7, and determined that defendant's use of plaintiffs' copyrighted works was not fair use because its purpose in using plaintiffs' works was a product of a systematic institutional policy of multiplying the number of available copies.

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