Texaco, Publishers Agree to Settle Copyright Case

Texaco and a steering committee representing a group of 83 publishers

announced on May 15 that they have agreed upon terms to settle a

long-standing copyright case.  The case, American Geophysical Union et

al v.  Texaco Inc., was initially brought by 6 U.S.  and European

publishers in 1985 on behalf of a class of publishers of scientific and

technical journals that are registered with the Copyright Clearance

Center.  The Federal District Court in New York ruled in 1992 that

photocopying of individual journal articles by or for employees of

for-profit companies such as Texaco in the course of their work is not

"fair use." The U.S.  Court of Appeals for the Second Circuit in 1994

upheld the lower court decision.  In April, Texaco petitioned the U.S. 

Supreme Court to review the case. 

	Over the past several years, ARL and 14 other academic and

library organizations have joined together to submit amicus, or friend

of the court, briefs in this case to elucidate and reaffirm the fair use

rights that the Copyright law prescribes for scholars and researchers in

the pursuit of research and education.  ARL's interest in this case

reflects the association's long-standing position as an advocate of the

public interest in copyright, and in maintaining a balance between the

rights of the copyright owner and the rights of the user. 

	Texaco, which conceded no wrongdoing in the proposed settlement,

will pay a seven figure settlement and retroactive licensing fee to the

CCC.  In addition, Texaco will enter into standard annual license

agreements with the CCC during the next five years.  The settlement is

subject to the approval of the entire group of publishers and the court. 

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ARL 180

A Bimonthly Newsletter of Research Library Issues and Actions

Association of Research Libraries

May 1995

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