Thursday, November 13, 1975
University Daily Kanson
13
Effects of copyright bill disputed
By LYLE BOLL Staff Writer
Staff Writer
A proposed revision of the federal copyright law would either decrease the quality or increase the cost of scholarly research, according to H. Robert Malinowsky, assistant director for reader services for Watson Library.
Under the revision, organized copying by a school of copyrighted material for repeated classroom use and copying by a student within its departments would be prohibited.
Malinowski said Monday that Watson couldn't afford to obtain all the materials requested by faculty and graduate students in the program, so the materials on loan from other libraries.
The publishers' lobby in Congress says that copying decreases their sales because individuals copy portions of a work rather than buying the entire work, according to a report in the June 7 edition of Congressional Quarterly's Weekly Report.
Malinowski said, "Personally, I don't think publishers are hurt that much. I think we need to be careful."
He said that copying was vital to scholarly research. The researcher couldn't afford to buy entire works for small amounts of material.
If the material is important enough for the researcher to need large amounts of it for his work, Mallnowsky said, he will either buy it or demand that the library have a
Malinowski said that the library would continue to send out material until a new one is published.
Julius J. Marke, chairman of the American Association of Law Libraries in New York, wrote a letter to AALL members that the wording of the proposed legislation was too vague. If interpreted that it would prohibit intibervary loans, it could not be enforced, he said.
Malinowski said that the interlibrary department of Watson handled requests for 6,567 films in fiscal 1975. Of these, 3,423 were photocopies from other universities.
During the same period, Watson supplied a list of which of 3,392 were photocopies, he said.
E. L. Eames Helay, assistant director for technical services for Watson, said yesterday that if photocopying was prohibited, the serial department alone could conceivably need twice as many copies. The exact cost couldn't be estimated, he said.
"The real losers would be the users," he said.
Wichita clinic relieves crush at Med Center
The University of Kansas Medical School, Wichita State Branch, offers an alternative clinical experience for medical students in their last 18 months of training, Joseph Dominic, director of student and program development, said Tuesday.
Dominic said that the branch was started in 1973 to take advantage of the hospital facilities in Wichita to provide a community-based medical education program and to relieve some of the crowding at the KU Medical Center in Kansas City, Kan.
The school doesn't have either buildings or full-time faculty members. Instead, Dominic said, Wichita physicians with practices of their own teach medical students in hospitals, clinics and physicians' offices. Most are volunteer teachers, although many are paid so that the number of hours they spend, be said,
The program offers the normal sequences of medical education: internal medicine, surgery, pediatrics, psychiatry, obstetrics and vynoclorey, he said.
The school takes just under 30 students each 18 months, he said. The first class began in 1973. The second will graduate this spring and the third will begin in January.
The present law has been interpreted to allow photocopying under the fair use doctrine.
One difference between the KU and Wichita branches of the medical school is that in Wichita a four-week family practice clerkship is required. Each student is asked to help a family physician, Dominic said, to help him decide on a career specialty.
William and Wilkens, publishers of medical journals, sued the National Library of Medicine for allegedly violating its journals for distribution to branch libraries.
After a Maryland Circuit Court ruled in favor of the libraries, the publishers appealed the case to the Supreme Court. The court failed to reverse the decision by a 4-4 vote, and offered no opinions to clear up the issue.
Most librarians view this decision as a victory. However, Malinowsky said that he didn't think the case would have much effect on the bill in Congress.
"The publishers have very influential lobbyists," he said.
The Senate has already passed the new copyright bill. At the end of the 93rd session, with a vote of 71-1, But the House didn't take action on the bill before the end of the session. According to the Congressional Quarterly Weekly report, the bill is likely to be ratified.
Bri Brinkman, dean of the School of Journalism, said that a wholesale revision
of the copyright law was needed. He said he favored the bill before the House. The present law, passed in 1908, is outdated, he said.
According to Brinkman, the doctrine of fair use of copyrighted materials isn't a part of the 1909 law, but was established by the 1965 law. The new law includes this doctrine, he said.
He said that Congress had been trying to revise the copyright laws for years and had not done so.
John Langley, director of the University Press of Kansas, said he favored the bill. The law, especially the fair use doctrine, had been left unclear for years and the new law should provide some guidelines, he said.
Lengley said that most publishers would give permission for scholarly use of copyrighted materials. Publishers rarely charge permission fees if the amount copied is small, but whether they charge depends on the size of the work, be said.
"We look very carefully at each request (or permission)," he said.
The University Press asks the publisher's
own books, Langley it item copies for its
own books, Langley
Langley he was against an instructor making copies for an entire class without asking permission from the publishers. He suggested that classmates share books to save on the high costs of buying individual copies.
that the copying done by libraries isn't the problem.
Langley said that much of the copying hurls publishers and authors. But, he said
If copies were necessary, he said, the instructor should ask permission before he copies copyrighted material. He said he doubted that the publishers would charge in advance, so the amount would be so small that publisher wouldn't want to handle the bookkeeping.
Langley said that regardless of what the laws were, photocosing would continue
"Ninety-five per cent of publishers don't know how many copies out of their works," he said.
Langley said violations of copyrights would have to be flagrant before punishment could occur.
John E. Longhurst of the Coronado Press, 823 Massachusett St., said that one of his firm's works had been copied in its entirety, but that he didn't want the trouble of a legal complaint. That kind of violation is what the larger companies are concerned about, he said.
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