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