8
Wednesday, June 12, 1991 / University Daily Kansan
YOU DONT NEED A COUPON!
Legal Services for Students
Legal Services Available Free With Valid Summer KU ID
TINPAN ALLEY
OAKLEY
Thermonuclear Protection
You want it . . .
We stock it!
HOT SHOTS
WED: $1.50 Fishbowls
MON: CLOSED FOR SUMMER
TUES: Pool Tournament at 8:30
CHECK $1.50 Eichwals
**THURS:** 25¢ draws, 25¢ kami shots, & 25¢ hotdogs
**FRI:** Free taco bar at 8:00 - $3.25 pitchers
**SAT:** $2.00 Fishbowl - $1.00 shots
**SUN:** ALL YOU CAN EAT TACOS - $3.00!
TUES. JUNE 18TH - FEMALE DANCERS!!
Free pool 7-9 every nite
19 and above admitted
623 VERMONT 843-0689
Court ruling forces teachers to order early from Kinko's
By Kelley Frize and Patricia Rojas Kansan staff writers
To read their assignments, students in Carol Matthews' Western Civilization II class have to check out a Kinko's packet from the reserve desk at Watson Library. This summer, they cannot buy them at Kinko's because of a lawsuit Kinko's recently lost.
Matthews, a graduate teaching assistant, said that Kinko's would not print her packet without permission from each publisher used in it and that Kinko's could not have gotten permission in time for the summer semester.
She had to put several copies on reserve at the library because the day before classes began, she found a book that she could not able to get the packets in time.
Instructors who plan to use Kinko's packages or copies for their fall classes will need to order them from a changehouse of a change in Kinko's policy.
It is a result of a U.S. District Court in the Southern District of New York's rulings March 28 in the case of Basic Books vs. Kinko, which said that copying and selling already published material by commercial copying companies did not qualify under the fair-use doctrine.
The policy requires permission to reprint material from all the publishers used in a packet.
The fair-use doctrine says that the fair use of a copyright work for purposes such as criticism, comment, news reporting, teaching, scholarship or research is not an infringement of copyright.
Limited resources
Matthews said, "I really don't know how difficult it getting stuff for the fail will be. I'm going to get my in and see how much they can OK."
Robert Nunley, professor of geography, said he had used Kinko's course packages since 1983 to teach his two courses, Intermediate Human Geography and Microcomputers.
He said that although he agreed with the new ruling, the decision in Basic Books vs. Kinko's would limit his resourcefulness in teaching.
"I can't read something one afternoon and say, 'Boy, I would really like to copy this for my class tomorrow.' Dunley said. "I hate that lack of spontaneity, and in a way that detracts from the class."
Amy Devitt, associate professor of English, said she had used a Kinko's package to teach an English course last semester.
She said she did not plan to use it again this year because she was not sure she could get permission from all the publishers in time.
"So I simply will use an author's collection that is not as good but that I have."
Kinko's has blanket agreements with some publishers, said Adrianna Foss, corporate communications director of Kinko's Graphic Corp. From 800 book titles and 1,000 journals are included in the agreements.
Kinko's charges $15 to get permission from the publisher to print material that is not covered by a blanket agreement.
The fee covered the cost of contacting the publisher, processing the request and letting the professor know that the material could be used, Foss said. The fee is not charged if the publisher denies the request.
Foss said that some Kinko's stores were doing as well financially as before the decision and that some
whose profits decreased were expected to be back up to normal by fall
She said the new ruling probably would require teachers to plan their courses several months in advance.
courses several months in advance.
"The court's interpretation will add complexity to the education process," she said. "It will add time."
Eight publishing houses in New York, including Basic Books Inc., sued Kinko's Graphic Corp. in April 1989 for violating the Copyright Act of 1976. The plaintiffs alleged that Kinko's was copying excerpts of books, of which were owned by them, without requesting their permission.
Kinko's admitted coping and selling the excerpts for a profit, but said it had done so under the fair use guidelines included in the Copyright Act of 1976.
In the case, the court found Kinko's guilty of copyright infringement.
A new interpretation
The court decision gave a new interpretation to the Copyright Act of 1976 by exempting commercial copy centers from the fair-use doctrine. Foss said. Kinko's will follow the new interpretation closely.
Kathlene Karg, assistant director of copyright for the Association of American Publishers Inc in Washington, D.C., said the doctrine did not apply to Kinko's even if the teacher used by students and teachers.
Because Kinko's is a business, and it is in the business of copying for a profit, the fact that the copies are made for the final purposes is secondary, she said.
It is important to protect all copyright material, regardless of its length, so that authors receive the
credit they deserve for their work, Karg said.
"Some professors spend years and years collecting data," she said. "If people copy their work without permission, it is not going to get the credit for that."
In the opinion on the U.S. District Judge Constance Motley wrote that the use of Kinko's packer was educational, and students was undoubtedly educational.
"However, the use in the hands of Kinko's employees is commercial," she wrote.
Kim Dayton, associate professor of law, said she was pleased with the court's decision.
"I think academics have been ignorant of the rule that restricts them from using copyrighted material," she said. "They just don't really understand the fair-use doctrine."
Foss said that before the case, Kinko's requested permission to reprint materials that it did not think were covered by the fair-use doctrine. Before the case was decided, Kinko's requested publisher permissions each month, she said. Now there are many more requests to process.
She said the cost of getting permission to use copyright work depended on the publisher and the material being copied. The cost can vary from $1 to $100 or more for each work copied, she said.
However, Foss said she did not think paying royalties to the publishers would increase significantly the cost of course packages because the royalty fee was divided between the number of copies Kinko's sold.
At Random House Inc., Michael Greaves, permissions editor, said Kinko's requests would not be currently than those of other groups.
Wells to take over as county DA
Kansan staff report
Jerry Wells, who has been the first assistant district attorney for Douglas County since 1985, officially will become the district attorney June 18.
District Attorney James Flory submitted his resignation May 21. He accepted a post in Kansas City, Kan., as an assistant U.S. attorney.
tant district attorney.
Wells said he liked the way the district attorney's office was operating and did not plan any major changes.
Wells said he had gained experience in the administrative aspect of law while serving as the first assis-
He earned a bachelor's degree from Wichita State in 1962 and a law degree from Washburn University in 1967.
After law school, Wells was in private practice in Wichita and then went to Taco City, N.M., where he studied the deputy district attorney in 1982-83.
Wells said he would like to expand county programs such as the victim-witness coordination program.
"For years the defendant got all our attention," Wells said.
"We like to characterize ourselves as hard-nosed prosecutors," he said.
Wells said his philosophy about his new job was simple.
Through the current program, crime victims can receive assistance in seeking reparations, restitution and counseling, he said.
Rick Trapp, assistant district attorney for Douglas County, said he thought Wells brought experience and professionalism to the position
"I'm looking forward to working with him," Trapp said.
Jerry Wells
1818 Massachusetts, Lawrence Open 10-9 Mon.-Sat. Drop by and see.
Let's Go Thrifting Its Fun!
Salvation Army Thrift Store
HOURS: M/W/F 8 A.M.to4:30P.M. T/TH 10:00A.M.t P.M.SAT 9:00A.M.to1:00P.M.
Return donors • Earn $22 / week(2 donations)
NEEDSOME EXTRADOLLARS?
$ Donate up to twice a week
$ Enjoy free movies or study while you donate
$ Medically supervised
$ Friendly and professional staff
LAWRENCE DONOR CENTER
816 W.24TH
749-5750 NABI
$$$$$$$$$$$$$$$
25%off
SALEMANIA"
4:00 p.m. - 5:30 p.m.
Today Only (6.12.91)
"90 MINUTES OF
CD's, pre-recorded Cassettes, and Lp's
{ Excludes Orange Tag Sale Items Not valid with other offers }
please bring coupon!
- 1 BRfrom $325
Holiday Apartments by Westridge Construction
230 Mount Hope Court Directly East of Lawrence Holdome (behind Coastal Mart)
Convenient to:
*2BRfrom $375
- Daycare Center
•Food Mart
•on Bus Route
•Laundromat
*Liquor Store
*West Turnpike Entrance
Energy efficient design
For information or tour call 843-0011
Can't Be There on Father's Day?