Library & Academic Communities Support Rehearing

Library & Academic Communities Support Rehearing of Texaco Fair 

Use Case

Fifteen library and academic institutions joined together to 

support Texaco Ts petition to rehear the Second Circuit CourtUs 

decision of October 28, 1994 in American Geophysical Union v. 

Texaco,  37 F.3d 881 (2nd. Cir. 1994).

The case is about whether the use of certain scientific and 

technical journal articles and letters by a Texaco researcher was 

a fair use.  The statement filed on behalf of the library and 

academic institutions was prepared by ARL's attorney Ritchie 

Thomas of the firm Squire, Sanders, and Dempsey. The statement 

expresses support for Texaco's petition and, citing the 

legislative history (in which Thomas was an active participant), 

argues the following:

"The making of single photocopies of journal articles is not 

inherently suspect or disfavored under the Copyright Act, when 

done for personal use in teaching, scholarship, or research; and

"The majority erred in holding that Congress has suggested that 

royalty fees for photocopying should be recognized as part of the 

'potential market for or value of' journal articles."

Texaco Amici

Library Associations, Alliances and Learned Societies


American Association of Law Libraries

American Council of Learned Societies

Association of Academic Health Science Library Directors

Association of Research Libraries

Medical Library Association

National Humanities Alliance 

Northern California Association of Law Libraries

Special Libraries Association

Universities and University Libraries


Duke University

Georgetown University

Michigan State University Libraries

University of California at Santa Barbara Library

University of Delaware Library

University of Missouri at Columbia Library

University of Texas System