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The challenge in copyright ethics is, on the one hand, not to hold onto traditional practices when change is immanent and desirable, and, onthe other hand, to reconstruct the traditional values in the new technologicalconfiguration. The move to an absolutely proprietary information systemwould represent a failure to meet the second challenge, and the retrenchmentof the publishing industry and traditional fair use advocates would representa failure to meet the first challenge. A flat-fee clearinghouse for photoduplicatingof print materials appears to be a good solution because it would add anominal charge to users (which would be more than offset by likely decreasesin the cost of duplication) while allowing producers to recover costs ata high margin of profit (because they would not actually have to producethe copies). A computerized billing service could be established in majorcopy centers (Kinko's Copies stores, corporate copying facilities, anduniversity copy centers) while leaving alone incidental copiers such aslibrary patrons.

29. 29Current guidelines allow professorsno more than 9 copyrighted works per classroom anthology and prohibit therepeated use of the same anthologies semester after semester. Since noindividual article or essay may exceed 2500 words, many packets in usetoday do in fact violate the guidelines. These guidelines are not partof the actual legislation of 1978 Copyright Act (PL 94-553, U.S. 17), butwere published as a House report (H. Repts. 94-1476 and 94-1733). Excerptsof the reports are available in the American Library Association's Librarian'sGuide to the New Copyright Law (Chicago, 1978) or from Copyright InformationServices', The Official Fair-Use Guidelines: complete texts of fourofficial documents arranged for use by educators, 3rd edition (FridayHarbor, Washington) 1987.


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We will go back; you will be ill, and I cannot be responsible.

In general then, I recommend that information producers see themselvesas socially obligated to move toward technologies which facilitate thewide distribution of their works. At the same time, consumers should allowthat the new information technologies they use obligate them to considerthe effect of their use on information producers.



I shall not die of a cough." "True--true," said Montresor.

The optimal ethical balance will not be struck merely by setting arbitrarylimits to the use of photocopied anthologies, as currently copyright guidelinesdo. It is important to realize thatthe ethical conflict itself is exacerbated by the practice of some publisherswho hold to a marketing strategy which packages educational materials incostly anthologies. To their credit, some publishers are promoting "custompublishing" services through which they offer to assemble anthologiesto suit the customer's needs. The publisher may then collect the royaltieslost to the local copy center.

He asked about the Montresors' coat of arms.

Current legal challenges to "professor's publishing"schemes are based on the notion that such activity systematically underminesthe property interests of producers of anthologies and texts for the collegemarket. Clearly, publishers have a right not to have the market for theirproducts systematically eroded by the activities of infringing (if wellintentioned) scholars. On the other hand, by limiting an instructor's abilityto assemble the best available texts in an affordable and convenient formwe compromise our commitment to the social value of free access to learning.

Your cough--" But Fortunato replied, "It is nothing...let us go on.

2) While fair use offers extensive protections to individual scholars,it does not address the reasonable needs of communities of scholarship(including classroom instruction, seminars and professional scholarly societies),which can only function by systematically distributing texts. By orientingfair use to individual scholarly activity, we perpetuate the myth thatscholars are not working more and more in community through conferencesand telecommunications. Again, what seems like an inevitable and desirablesocial trend may be retarded by confused and increasingly outdated distinctionsbetween individual and systematic use.