The Effect of the Fair Use Doctrine on Text-Book Publishing and Copying

Perhaps nowhere will photocopying be more beneficial than in the field of education. The question is, what effect will it have on publishing? Senator Quentin Burdick stated the basic problem when he said, ". . . [Y]ou have someone who spends years in perfecting a textbook, and all of a sudden it is used free of charge. Where does he sell textbooks?" The problem of unauthorized photocopying of textbooks is considered one of the more difficult ones encountered in the area of fair use, an area itself regarded as one of the most troublesome in the whole law of copyright.

This article will examine the case law concerning the photocopying problem, the opposing positions of educators and publishers, the effect of these arguments on Congress as it moves toward a new copyright law, and the possible development of a system allowing educators to photocopy and pay royalties.