Page 10
The Lance • St. Andrews Presbyterian College
Nov. 22, 1991
UttcU', &
Kinko Copyright Infringement Case is
Precedent-Setting
tions between Kinko’s copy
A precedent setting copy
right infringement suit involv
ing one of the largest statutory
damage awards ever granted
in a copyright case ended with
the signing of an agreement
between the eight plaintiff
publishers, AAP, and the de
fendant, Kinko’s Graphics
Corporation. The suit, which
was coordinated by the Asso
ciation of American Publish
ers, was brought against
Kiriko’s for producing and sell
ing course packets to college
students which contained
copyrighted material used
without permission and with
out payment of permission
fees.
The case was decided in the
publisher’s favor earlier this
year. In addition to stipulat
ing specific monetary damages
and attorney’s fees in this liti
gation, the agreement con
cluded today spells out the
terms that will govern rela-
shops in the U.S. and U.S.
publishers both within and
outside of the AAP member
ship.
In addition to freeing not
to appeal the decision, Kinko’s
will pay a total of$1.875 mil
lion in statutory damages as
sessed by the court and
attorney’s fees.
Acceding to the principle
articulated in the federal court
opinion that copyright laws
must be ftilly respected when
copyrighted materials are used
for educational purposes,
Kinko’s agreed to get permis
sion for the use of the
publisher’s copyrighted mate
rials in these anthologies. In
turn, the plaintiflF publishers
and AAP have agreed not to
sue Kinko’s Graphics Corpo
ration for the making of imau-
thorized anthologies prior to
the date of the federal court
ruling, March 29, 1991. The
agreements makes these points
applicable not only to the eight
plaintiff publishers and
Kinko’s Graphics but to some
50 additional publishers and
approximately 100 additional
Kinko’s copy shops.
Ambassador Nicholas A.
Valiotes, President of the As
sociation of American Pub
lishers, characterized the
agreement as “good news-for
copyright, for publishing and
for the educational commu
nity.” Veliotes stated, “Copy
right encourages creativity by
ensuring that authors and pub
lishers are compensated for
their original works. It is fit
ting and appropriate that copy
right be respected within the
context of American higher
education, which itself miKes
such a dynamic contribution
to this country’s intellectual
creativity. This agreement is a
positive instrument for foster
ing that respect.”
Rigell
tiai reasons for Rigell’s departure in a Nov. 19 interview with
The Lance, he would only say that he would not give details on
personnel matters
Reuschling did mention that “other factors” in his evaluation
of personnel performance generally includes “productivity of
the job, management style and constituency.” He also said,
“there’s always a lot of turnover.”
Reuschling said that as president of the college, he is always
evaluating personnel. “You have to look at the big picture and
make the best decision you can.”
When questioned about the riming of Rigell’s departure,
Reuschling said, “There is no good time to make a transition in
leadership.”
Reuschling said he felt that after looking at what could
potentially happen for the remainder of the year, that Benson
could get into Admissions and help to reach the college’s goal
of250 new smdents for the 1992-1993 academic year. “Noth
ing is more important to any private school than admissions,”
he said.
According to Reuschling’s Nov. 7 memorandum. Dean
Benson will be serving as acting admissions director “for the
next few months before returning to his normal duties as
academic vice president.” The memorandum said that Benson’s
day-to-day responsibilities would be delegated to certain staff
and faculty leaders, but that Benson would “remain involved in
strategic decision-making related to academic affairs.”
Can vou find the hidden legal tenns?
ABATE
FRANCHISE
ACT OF GOD
LIEN
AGENCY
MARTIAL LAW
ARBITRATION
NOVATION
BAILMENT
PATENT
CAVEAT EMPTOR
PRIVITY
CONSIDERATION
PROBATE
DAMAGES
PROOF
DEED
PROXY
DURESS
REMEDY
EASEMENT
SUBPOENA
ESCROW
SUMMONS
ESTOPPEL
TORT
FELON
TRUST
collegiate camouflage
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W
collegiate crossword
36 37
49 50 51
' ACROSS
1 Where one might
study,Andy Warhol's
works (3 wds.) ‘
12 tnrollment into
college
14 "Calculus Made Sim
ple," e.g. (2 wds.)
16 Evaluate
17 Extremely small
18 Follows a recipe
direction
19 Belonging to Mr.
Pacino
22 Of land measure
23 Meets a poker bet
2* Gay (WU II
plane)
26 Capri, e.g.
27 Belonging to Mayor
Koch
28 Irritate or
embitter
30 Train for a boxing
natch
31 and the
Belmonts
32 Processions
35 Diet supplement
(abbr.)
38 Scottish historian
and philosopher
39 College In Green-
vl-lle. Pa.
W The Venerable
©Edward Julius
41 "...not with
but a whimper."
43 Return on invest- .
ment (abbr.)
44 Pondered
45 Belonging to Mr.
Starr
47 Part of the classi
fieds (2 wds,)'-
48 Possible place to
study abroad (2 wds)
52 Small school in Can
ton, Ohio (2 wds.)
53 Orson Welles film
classic (2 wds.)
DOWN
1 Those who are duped
2 "Do unto ..
3 Fourth estate
4 Goals
5 Well-known record
label
6 Well-known king
7 151 to Caesar
8 Prefix meaning milk
9 Confused (2 wds.)
JO husky
11 Most Imnediate
12 Like a sailboat
13 Cash register key
(2 wds.)
En (as a whole)
15 Auto racing son of
Richard Petty
19 Political disorder
20 cit. (footnote
abbreviation)
21 Traveled on a
Flexible Flyer
24 Glorify
25 Prospero's servant
in "The Tempest"
28 Well-known govern
ment agency
29 American league
team (abbr.)
30 Fictional hypnotist
32 Style exemplified
by Picasso
33 “She's ..."
(from "Flashdance")
34 Be unwell
35 Visible trace
36 Think
37 Woman's under
garment
38 Commit kiri
40 burner
42 "...for if I
away..
44 Actress Gibbs
46 African antelope
47 Well-known TV band
leader
49 Pi nee
(eyeglass type)
50 1968 film, "
Station Zebra"
51 1965 film, "
Ryan's Express”
■iror
sit