University of Kansas Lawrence, Kansas
KANSAN
Wednesday, February 9,1983 Vol.93,No.94 USPS 650-640
KU professors may be violating law when they Xerox textbooks for class
By ELLEN WALTERSCHEID Staff Reporter
Gary Shapiro, professor of philosophy, did not want his students to have to pay $100 for the two-volume book required for a course he taught last year.
"I told them they could copy the parts they were interested in," Shapiro said yesterday.
last year. He copied 800 pages of the 1,200-page book, which was a copyrighted work, and made the copied material available to the six students in the class.
Depending on who interprets the Copyright Act of 1976, Shapiro might broken the law.
THE COPYRIGHT law's "fair use" section, which deals with the reproduction of copyrighted works for educational purposes such as teaching and research, lists several broad criteria for determining whether educators may reproduce copyrighted works without a publisher's permission.
Those criteria include the nature of the copyrighted work, the relative amount of work copied and the effect that reproduction could have on the work's market value.
live on the work's mark.
However, until a clear judicial interpretation is made of what constitutes violation of copyright laws, a professor cannot know for sure whether he has violated them, said Vickie Thomas, KU general counsel.
Professors across the nation have complained that fair use provisions are too vague. Until an individual case is taken to court, they say, no one knows exactly how the law will be applied
knows excess of
members a group of publishers sued New York University, nine of its professors, and a
photocopying shop near its campus for copyright infringement.
NYU PLANS TO represent the faculty who were sued.
The suit has raised questions at many universities of whether they would defend faculty members who were sued for copyright infringement.
infringement.
Thomas said she thought KU would defend any faculty member who was sued for copyright infringement.
argument. "I wouldn't want faculty members who were consistently trying to perform their jobs to just be hanging out there on their own," she said.
Until a specific case comes up, she said, she cannot be positive whether her office would defend a faculty member.
defend a faculty member.
Thomas said she had issued copies of the copyright law to all faculty members. In addition, she said, faculty members received specific guidelines to help them interpret the fair use section of the law.
THOSE GUIDELINES were adopted by 39 education organizations and the publishing industry in 1976 to give educators standards to consult when reproducing copyrighted works. Thomas said.
Under the guidelines, a teacher is permitted to make single copies of individual chapters from books, of articles from newspapers or periodicals and of short stories, poems and other small items such as charts and drawings.
items such as textbooks. In addition to teachers must not make more than one course each student in a course, and the copies must meet tests of brevity and spontaneity as outlined in the guidelines.
as outlined in the guidelines. Although the guidelines are not part of the law,
members of Congress have given them a favorable review, Thomas said.
favorable review, trotts out his
Robert Cobb, executive vice chancellor,
said he did not think many KU professors violated the copyright laws.
Hewlett said he thought that professors should know about the laws and, therefore, probably should be liable if they were sued for copyright infringement.
"I DON'T THINK it's the University's function to go around checking up on people who don't adhere to the law," Colb said.
accident.
But interpretation of the law continues to be a murky area.
Some professors who reproduce copyrighted materials for their classes said they were aware of the copyright laws, but, because the laws were so vague, they were unsure whether they had violated them.
The professors said they reproduced parts of copyrighted material for a number of reasons.
Ted Johnson, professor of French and Italian, said he had copied excerpts from many textbooks for his interdisciplinary classes because students could not afford to buy all the books that such a class required.
"You can't ask students to buy hundreds and hundreds of dollars worth of books for one French class," Johnson said.
IN ADDITION, he said, some books cannot be ordered because they are out of print.
ordered because they are out of print.
Although he sometimes puts books on reserve,
he said, students do not always go to the library
to read them.
Charlton wants more KPS regulation
See XEROX page 5
Staff Reporter
By JEFF TAYLOR Staff Reporter
State Rep. Betty Jo Charlton, D-Lawrence, said yesterday that she would introduce the proposal, although she had not informed the city of her plans.
Lawrence could transfer regulation of the Kansas Public Service Gas Co. to the Kansas Commission Commission, under a bill to be introduced by a Lawrence legislator.
of her pains
when Laennec's franchise agreement with KPS begins in May of 1894, the city will decide whether KPS should be regulated by the KC or by a privately hired arbiter.
In past years, the city has hired an outside consultant who arbitrated KPS rate increase requests.
CHARLTON SAID the city must weigh the services it could receive from the KCC against the possibly cheaper rates of private arbitration. Last year, the city paid $6,000 and KPS paid $4,000 for an arbiter's rate evaluation.
4,000 for an arborist's state event.
"The primary consideration ought to be whether or not it's going to add to our gas bills," she said.
She also said that if the city decided it did not want to subject her proposal to a vote in the Legislature this session, she would ask that the bill be held over until next session or be killed.
She said the city had discussed asking one of the Lawrence legislators to submit such a
Rep. Betty Jo Charlton
proposal; and she said she thought the bill needed to be introduced before the gas company's franchise expired with the city next year.
SHE SAID KPS was one of only four or five city utility companies in the state that was not governed by the KCC. The KCC regulates most utility companies that serve only one city, she said.
The Lawrence City Commission yesterday set up a natural gas rates task force to examine the differences between the city's current franchise agreement with KPS and the possibility of having the company regulated by the KCC.
the company registered by the ACA.
Another city monopoly, Kansas Power & Light Co., is under franchise agreement with the city, but is regulated by the KCC.
Mayor Marci Francisco said the task force would examine whether the city would benefit if its gas company were regulated by the KCC.
tus gas compresion BEEN no discussion by the city that it would be an advantage to do," she said. "We may not be in a position to act this legislative session."
invasive Session
Commissioner Tom Gleason said the city's decision was based on elements other than the rate-setting issue.
He said KCC regulation would bring the gas company into uniformity with with other gas companies in the state as far as such items as shut-off policy are concerned.
shut-off policy BPR cost. William will be the president of KPS, and amber recently that customers who had not been paying their utility bills would have their gas shut off.
Last fall, utility companies regulated by KCC were ordered not to cut gas to any customer
JERUSALEM — Defense Minister Ariel Sharon defiantly resists resign yesterday despite pressure from Cabinet colleagues and a panel of inquiry that found him responsible for the Sept. 16-18 Palestinian massacre in Beirut.
State-run Israel television, following a two-hour Cabinet meeting, said the embattled Sharon "would not resign on his own" and
By United Press International
Weather
be sorry by the defense minister resigned Sharon, in a bitter speech critical of the United States' Mideast policy, told his supporters at an evening Tel Aviv rally that the nation's fate "does not depend on one man," but he refused to say if he would quit.
Ariel Sharon refuses to quit despite colleagues' pressure
Israel radio said Begin told Sharon he would be not sorry by the defense minister resigned.
indicated Begin would have to fire the contro-
varian minister.
say if he would quit.
THE GOVERNMENT earlier said "almost all the ministers" were leaning toward acceptance
MIDEAST page 5
Today will be mostly cloudy with a 20 percent chance of freezing drizzle or light snow during the morning. The high will be in the mid- to upper-30%, and winds will be from the east to southeast from 5 to 15 mph. Night will be mostly cloudy with a low
See MIDEAST page 5
teaching
Marilyn Ainsworth, KU professor of law, said the lawyer in the courtroom was an officer of the court and had an obligation not to obstruct the judicial process.
Tonight will be mostly cloudy with a low in the upper-20%.
The ABA's House of Delegates defeated a series of attempts to weaken existing rules that required attorneys to tell judges about false testimony or evidence introduced to the court.
By SALLY JOY OMUNDSON
Sean Daw, Kansas City, Mo., sophomore, keeps his beer cold on the roof of the Sigma Alpha Epsilon house, 1301 W. Campus Rd.
A lawyer can defend someone he thinks is guilty without telling the judge his suspicions, she said, but cannot lie, purposely mislead the cocrt, or allow his client to perjure himself, she said.
American Bar Association, members preparing a new professional code of ethics voted yesterday to maintain rules preventing lawyers from lying to judges to protect their clients during a trial.
Staff Reporter
Lawyers vote to retain rules against lying for defendants
BAR ASSOCIATION delegates voted 209-101 to defeat a proposal by the Iowa State Bar to require requiring attorneys to disclose false statements or evidence in the code. The full 300,000-member association will vote on the code this summer.
A lawyer who does not make disclosures under the current legal ethics code faces disciplinary procedures by state bars.
Monday, the delegates rejected a proposal that would have required attorneys to blow the whisle on clients to protect the public from fraud or financial harm.
"Clients have to have the peace of mind to talk with their lawyer," said Terry L. Bullock, 3rd District Court Judge and instructor of legal ethics at the KU School of Law.
A lawyer is both an advocate and an adviser for his client and needs to know as much detail
said.
When a person commits a crime the entire government is against him, Bullock said. There is no limit to the number of people the government can hire to prove their case, but the only thing a defendant has going for him is his lawyer, he said.
from his client as possible to adequately present the case, he said.
IF WOULD BE foolish for a client to speak candidly with his lawyer if the lawyer could turn around and use the information against him, he said.
Bullock said that if a defendant knew he was guilty he still had the right to plead not guilty.
guilty he still had the right to plead the guilty. A lawyer's job is to make sure the defendant's rights are protected.
right is protected, he said.
client-lawyer confidentiality is just one small
Terry L. Bullock
'Clients have to have the peace of mind to talk with their lawyer.'
aid in a system heavily weighted against the defendant, he said.
JOHN SHEPHERD, who is scheduled to become ABA president in 1984, warned that a rule to bar lawyers from disclosing fraudulent or financially harmful acts could bring on damage suits.
Delegates also adopted new rules to require attorneys to avoid bringing fivious suits, and to do everything they could to speed up litigation.
Several speakers said the public's greatest complaint about lawyers was that they used tactics that delayed lawsuits and clogged the courts.
Morris Kay, director of the EPA regional office in Kansas City, Mo., seated second from the right on the front row, listens as James Aiken, director of the Department of Health and Environment, explains to a Kansas Senate committee the locations of four hazardous waste sites in Kansas. See related story page two.
Black group charges KJHK with bias
By SARA KEMPIN
Staff Reporter
Blocks in Communications will work with the Student Senate to investigate the possibility of discrimination by KU student radio station KJKH, the president of the group said yesterday.
when against it.
When KJHK came up for consideration before the Student Senate Finance and Auditing Committee during revenue code hearings last night, Lewis said he thought KJHK did not adequately serve minority students.
ROKR, the president,
Joe Lewis Jr., St. Louis junior, the president,
said that because the station did not direct
enough of its programming toward minority
students, he would consider filing discrimination
charges against it.
adequately serve minority students.
TOM BERGER, graduate student senator,
said the lack of minority programming was an industry-wide problem.
industry-wide problem.
Blacks in Communication had submitted a request to JKHK to be allowed to produce a radio show for black students during its special
programs time slot, but was denied programming, he said.
"Black students do not listen to KJIK because it does not play the kind of music we like," Lewis said.
The station does not subscribe to any black record labels, he said.
If KJHK wants to be financed by student money it needs "to hear the students' voices," he said.
money.
But some steps should be taken, he said.
said
Lewis said only three of the 168 hours of KJHK programming a week were aimed at black students.
BERGER SAID, "Perhaps KJHK would be amenable to increasing minority airlift."
But some alps.
Burger said. Senate committee should be found near the complaints of Blacks in communications members and to decide how to proceed.
He said he didn't want to threaten KJHK to play more minority music or not receive student money.
Lewis said he had checked with the FCC to see
what kind of regulations KJJHK had to operate under.
Kim Bute, program director of KJHK, said the station did provide music for minorities.
"We haven't had any complaints before," she said. "We're certainly not violating our license.
bring the station plays progressive and jazz music during the weekdays, she said.
"NOBODY HAS said anything to me about wanting more black programming. They need to bring it to me if they want more time."
during the weekends, the station has programs that are aimed at certain minorities or races. Bue said.
During the week the station plays a lot of soul music, she said.
"Michael Jackson, we
She said KJHJ aired blues, soul and reggae music shows on Sundays.
During the week the station plays a lot of soul
42
"If someone requested Michael Jackson, we would play it," she said.
and play it, she said.
She said that at the beginning of each semester, individuals could request special programming from JJHK.
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