Fact Pattern 11-2
Professor Peter enjoys using a small manual containing information on employment laws in his business law class. The manual costs $100 and is published by We Publish book publishers. Because Professor Peter wants to save his students some money, he copies the manual and has ABC Copy Store make copies for students. Students are required to purchase the copies directly from the copy store. Professor Prudence, who dislikes Peter because she believes he blocked her tenure application, hears about the deal and notifies the publishing company. The publishing company demands that the process be stopped and prepares to seek damages.
-Refer to Fact Pattern 11-2.Can Professor Peter be found guilty of copyright infringement?
A) No, he was engaged in fair use because of his involvement in education.
B) No, because he did not do the actual copying.
C) No, because he did not make a profit.
D) It is likely that he would be found guilty of copyright infringement particularly since he arranged for copying of the entire manual, not limited sections.

Question

Quizplus · Accepted Answer

Professor Peter is likely to be found guilty of copyright infringement because he made complete copies of the manual, and the purpose of the copying was for commercial gain, as students were required to purchase copies from the copy store. Additionally, the fact that he distributed the copied manual to his students undermines the potential for the publisher to sell additional copies of the manual. Fair use typically allows for limited copying for educational purposes, but making complete copies of a work and distributing them for commercial gain does not fall within the scope of fair use.

Fact Pattern 11-2 Professor Peter Enjoys Using a Small Manual Containing Information on Containing