The Association of American Publishers representing book, journal and electronic product publishers said today that it is disappointed with the conclusion of the US Court of Appeals in the Princeton University Press v. Michigan Document Services case, and intends to appeal the ruling.
It is important to note that to date six Federal judges have reviewed the issue of commercially prepared coursepacks and four have found the activity to be copyright infringement and not Fair Use. The current 6th Circuit opinion has not yet gone into effect, and it does not change law outside the Circuit. Since there is a split in the circuits, copyshops are urged to continue to respect copyright and obtain permissions.
Since the decision in the Kinko's case in 1991, publishers have been working closely with faculty, college stores, and copy shops to facilitate the creation of coursepacks and other photocopied classroom materials.
The respect for property of all kinds, including intellectual property, is a foundation of the American economic system, which this disappointing finding can only momentarily contradict. It would be a mistake on the part of the academic community, therefore, to move away from its respect for copyright in the creation of coursepacks. Publishers will continue to enforce their copyrights and take whatever steps necessary to insure such protection.
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