--- Forwarded Message from "Crandall, Lynne" <[log in to unmask]> ---

>Subject: RE: #6818 Where would copyright jail be?
>Date: Wed, 11 Sep 2002 10:32:07 -0400
>Thread-Topic: #6818 Where would copyright jail be?
>Thread-Index: AcJZn860WtzCO126R8W9SEoVL2uaHg==
>From: "Crandall, Lynne" <[log in to unmask]>
>To: "LLTI-Editor" <[log in to unmask]>

Ah, Urusula, short of baking you cake with a file in it, this is my initial response to your hypothetical post.  

I think this is really the crux of your defense, should you need one.  Although we are urged to examine copyright in a case-by-case manner, our legal system is built on precedent.  Thus, your assumption that permission would be granted is built on the precedents set in your prior dealings with this publisher.
>Suppose that in anticipation of getting permission (as has always
been the case with a particular publisher) a lab made copies for
students of ancillary material 
>Would "anticipation of the usual positive response" be an adequate defense?

Expedience and issues of timeliness are probably relevant in a fair use argument for limited copies.
>(delivered by the prof, as usual, the day before class) 

This indicates your good faith effort, and is consistent with past practice.
>and sent the request for permission the same day.

Probably cessation of routine duplication is called for.  Exception would be if there is a fair use case to be made for some copying (consult campus attorneys...)
>Would that lab have to cease and desist, explaining that no further
>copies would be made? (I should think so.)

As a good faith effort, you could post a sign at your distribution desk or have announced in classes using the materials that tapes should be returned when use is complete, offering alternative method for obtaining materials.
>It would be, of course, impossible to recall the copies that had
already been made.

And, of course, find out why the publisher said no!  Communicate with them to find solutions.  Communicate with the users as to likely impact.  I'm rolling up my sleeves to bake that cake now...--Lynne