Photocopying
Photocopying is a method of duplicating documents and images, typically used in academic, professional, and personal contexts. It plays a crucial role in the distribution of information; however, it exists within the framework of copyright law, which aims to protect the rights of authors and creators. In the United States, copyright law, revised in 1976, allows for limited reproduction of copyrighted material under certain conditions to encourage creativity while balancing access needs. The "fair use" doctrine is particularly relevant, as it permits some copying for purposes such as education and research. Courts assess fair use through several criteria, including the purpose of use and its effect on the market value of the original work. Although many educators and researchers advocate for broader photocopying rights, past legal cases, such as Basic Books, Inc. v. Kinko's Graphics Corp. and Texaco Corporation v. Publishers, highlight tensions between copyright enforcement and access to necessary materials. These conflicts illustrate the ongoing debate over copyright limitations and the implications for educational and corporate environments.
Subject Terms
Photocopying
Definition: Photographic reproduction of documents and graphic images
Significance: The modern development of high-speed, low-cost reproduction of printed information has had a revolutionary impact on the dissemination of ideas; however, copyright laws have limited the use of this technology
The U.S. Constitution empowers Congress to “promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Congress has done this by enacting a federal copyright law. The law was most recently rewritten in 1976. Copyright law allows authors and others to benefit economically from the fruits of their labor. The theory is that creative persons will be motivated to create new works, thus promoting society’s interest in “the progress of science and the useful arts.”
A doctrine called “fair use” attempts to balance the copyright holder’s exclusive rights with other demands for access to copyrighted work. Researchers and educators often need to duplicate copyrighted materials. In determining whether a use is fair, courts consider four criteria: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the copying, and the effect of the use on the market for or value of the original. Many educators believe that copyright law impedes acquisition of important classroom materials.
Frustration over copyright law is not limited to educators; limitations on photocopying have had an impact on companies as well. In Basic Books, Inc. v. Kinko’s Graphics Corp. (1991), a federal district judge found that photocopying book chapters for inclusion in classroom anthologies was not a fair use of copyrighted works. Kinko’s had argued that the copies were for a nonprofit, educational purpose. The judge, however, did not see it that way. The court’s decision was, according to copyright expert Kenneth D. Crews, “unquestionably directed primarily against Kinko’s, and its profit motive within the framework of fair use.” In another case, Texaco Corporation was sued in 1985 by a group of publishers who alleged that a company chemist had copied and filed a number of articles from scientific journals. At issue was whether such copying was a fair use or an infringement on copyrights. In the 1990’s two federal courts sided with the publishers. The Texaco case caused many researchers to fear that the courts might restrict the free flow of information, while publishers were anxious for corporations to pay for their use of copyrighted materials.