Business Law 5th Edition by David Twomey ,Marianne Jennings ,Stephanie Greene

Exercise 16

The American Geophysical Union and 82 other publishers of scientific and technical journals brought a class-action lawsuit against Texaco, claiming that Texaco's unauthorized photocopying of articles from their journals constituted a copyright infringement. Texaco's defense was that the copying was fair use under Section 107 of the Copyright Act of 1976. To avoid extensive discovery, the parties agreed to focus on one randomly selected Texaco scientist, Dr. Donald Chickering, who had photocopies of eight articles from the Journal of Catalysis in his files. The trial court judge held that the copying of the eight articles did not constitute fair use, and Texaco appealed. [ American Geophysical Union v. Texaco, Inc. , 60 F.3d 913 (2d Cir.)]