Coursepack Prices: the Big Rip-Off
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~ THE ·MICHIGAN REVIEW Volume 13, Number 4 The Campus Affairs Journal of the University of Michigan [1:iUi]@IilBE Coursepack Prices: The Big Rip-Off BY EDDIE ARNER ! plausible explanation for the outcome preme Court where a final decision can ers have refused to take a position on of the case. be made. this topic. Perhaps they realize that OURSEPACKS, COLLEC Section 106 enumerates the rights Until such time, Smith intends to they will lose no matter which side they tions of articles, and parts of of copyright holders, but specifically continue his practice of voluntarily col take. Cworks which are assigned by pro states that its regulations are "subject lecting one permy per copied page as If this notion seems absurd, there fessors for use by students are an inte to sections 107 through 120." Section royalty for the publishers of copyrighted , are numerous other examples of the gral part of the educational experience 107 is titled "Limitations on exclusive material. publishers' greed and lack of customer at the University of Michigan and have rights: Fair use." While there is no The U-M libraries charge students appreciation. The New York Times, been for nearly twenty years. Unfortu generally accepted definition of "fair 7 cents per page and pay no royalties. If which charges 75 cents for a daily pa nately, in the past several years, the use," section 107 is quite explicit. It students are allowed to make such cop per, has requested up to 1 dollar per prices of coursepacks have risen dra reads, "the fair use of a copyrighted ies, one wonders why they should not page in royalty fees. Another publisher matically. The coursepack for English work, including such use by reproduc be able to pay someone to do the copy recently demanded $500 in royalties 371 which cost $17 .11 this term but tion in copies or phonorecords or by any ing for them cheaper than they can do for 15 copies 'of Dr. Martin Luther-Kings sold for approximately $6 two years ago other means specified in that section, it themselves. MDS charges a maxi "Letter From a Birmingham JaiL" is just one of many examples. The cause for purposes such as criticism, com mum of 6.5 cents per page, organizes, Publishers do more than charge of this price increase is not inflation, ment, news reporting, teaching (includ and binds the material for its custom outrageous royalties; they try td claim but the recent insistence ofpuhlishers ing multiple copies for classroom use), ers. If publishers, with assistance from copyright to public domain matetial:ln that copy shops pay high royalty fees scholarship, or research, is not an in the courts, force copy shops to pay the a recent U-M Dearborn coursepack for which they, in turn, pass on to their fringement of copyright." Section 107 demanded royalties, student copying HistorylHumanities 263, Princeton customers, (i.e. students). then lists the criteria for determining at libraries could be the next target. University Press claimed a 1950 copy In order to comprehend the price "fair use." These criteria, however, Smith certainly thinks so and several right to "The Declaration of Indepen- jump, one must go back to March 1991 should not apply to the copy shops be publishers have stated in court unclel:. I when Judge Constance Baker Motley cause they are simply providing "mul oath that there is no "fair use" fot cf~ss- . See COURSEPACK, Page 7 found Kinko's guilty of copyright in tiple copies for classroom use." The room use in their opinion. The publish- i fiingement. The decision in Basic BOOM shops are acting as middlemen between us . Kinko's Graphics Corporation as the professors and the students, none serted that Kinko's had violated three of whom have the time to waste making Controversy Surround,s ' of the four nonexclusive "fair use" crite the necessary copies . ria set down in section 107 of copyright Jim Smith, owner of Michigan law. Document Services (MDS), agrees with Cal Thomas Speech. Motley ruled that Kinko's was pro this point of view and is refusing to pay ducing copies for commercial rather the exorbitant royalty demands of pub BY J ~FF ST .MIKLOSKI premise that a strong family unit is than educational purposes, and that lishers. As a result, a trio ofpublishers, crucial to a society's well-being," the the coursepacks hurt the potential MacMillanlFree Press, St. Martin's "T HE PROBLEMS IN ! group is "committed to strengthening market for the original works. More Press, and Princeton University Press America today are not po- families and to reinforcing traditional over, she ruled that "the portions cop are suing MDS. 'These publishers are litical and eco- family values in our cul ied were critical parts of the books cop all members of the Associatioi-t of Ameri nomic, but spiritual and :ture, public institutions, ied, since that is likely the reason the can Publishers (AAP) which is guaran moral," stated Cal 'Thomas, and policy formation." professors used them in their class." teeing the publishers' legal fees in the a nationally- recognized au Thomas spoke on The problem is that it is illogical for MDS case, just as it did in the Kinko's thor, journalist and politi America's decaying moral Motley to find that copy shops did not case. The publishers filed this suit cal commentator. 'Thomas fiber and the overturning produce coursepacks for educational against MDS on February 27, 1992 in arrived from the Washing of America's long-running purposes while "acknowledging that pro the UB. Sixth Circuit Court. 'The case ton beltway to speak to a marriage with traditional fessors chose the material for use in the is currently on hold while the presiding large audience at the Power values by government, classroom. judge rules on numerous motions from Center on Monday, October schools, and higher educa Many observers of this case feel both parties. Smith knows that even if 11, in an event sponsored tion. The outspoken and that Motley did not fully comprehend he wins this case, it would not be the. by the Ann Arbor group Citi- ,- candid 'Thomas questioned the issues of the case, and that Kinko's end of the battle because the decision zens for Family Values. Cal Thomas whether our nation is as failed to adequately defend themselves. would only be binding in the Sixth 'The group's goal is "to grand today as it has been Given what sections 106 and 107 of Circuit. He hopes that his case or a promote public awareness about issues See SPEAKER, Page 7 copyright law state, this seems the only similar one will reach the UB. Su- affecting the family. Based on the 1 Feel From Suite Sex Ed for the 100th Issue! Thirteen years and 100 issues later, the Michigan Review Your Pain 3 4 One 6 Engaged? continues to spread its hateful right-wing gospel throughout the U-M community. To all of our fans and followers : Thanks You never thought you'd Entree Plus: Let's You won't believe for your continued support. To Pat1rice Maurer, Catherine read it here, but Rush equalize the competition. Michigan'S marriage MacKinnon, Corey Dolgon, and all their radical counterparts: Limbaugh is wrong. licensing procedure. WE'RE STILL HERE, YOU LEFTIST PIGS! - - . - .' -- . ---~ .-...- - ----' -- '~ ' .'" ''''''''''''''''''''''''''''''''' - ''·'''' _ _ W''''' _~'''''. ' ''\10_" ,,, __'''',. ,,,,,~~~'!l'''....... ..-...... , ""' ......... _------ 2 THE MICIDGAN REVIEW October 20, 1993 , (,I TH E rvllCHIG:\\ REV IE\\' 'f ,<;;,.1>' The Campus Affairs Journal of the University of Michigan o THE. , t~SERPENT'S TOOTH "Anarchy is not chaos.' EXECUTIVE DIRECTOR: Andrew Bockelman EDITOR-IN-CHIEF: Tracy Robinson According to the Detroit Free Press , Consumer Reports recently rated from the same type of group. It is ru PUBLISHER: Aaron Steelman 100-year-old S. L.Potter recently Hillary Rodham Clinton's chocolate chip mored that Mont ·1 Williams will ac EXECUTIVE EDITOR: Jay D. McNeill btmgee jumped off a 210 foot platform. cookies the best in the nation. Clinton cept tlle award Im ')awsey's behalf with CONTRIBUTING EDITORS: Eddie Amer, Nate Jamison, His children, ages 68 to 74, wamed him allegedly refused to accept their ac a painted white face . James A. Roberts II, Brian Schelke ..- not to do it, but he replied, "If I die, I die . claim unless the judges explicitly noted MUSIC EDITORS: Chris Pete rs, Drew Peters I told everybody to bring a shovel and a that she didn't have to remain in a You know you're in Ann Arbor when COPY EDITOR: Chauncey Hrtchcock mop , just in case" Once he landed he ! kitchen to bake them. the U-M pummels Penn State in an PHOTOGRAPHERS: Joe Westrate , Anriy Wu asked for his teeth back astonishing victory, and the Daily CIRCULATION DIRECTOR: Eric Larson Detroit News writer Darrel Dawsey, makes no mention of it on the front SYSTEMS ANALYST: Mitch Rohde MTS COORDINATOR: James Elek Researchets at Chicago's Children's misguided Afrocentrist and creator of page, but instead nms a huge picture of DISTRIBUTION MANAGER: Andrew Brown Memorial Hospital have discovered a ! the poorly written black vernacular col two men french-kissing on the Diag. t- .... _ .. -- ------. ---...... .- .. -.... -_ ... _-- new strain of salmonella and named it umn called "Buckwhylin', " has recently EDITORIAL STAFF: Benjamin Bo~r , Scott Brady, Rachel "Salm.onella mjordan," in honor of the made more headlines. Dawsey, who Why is it that groups like the National Cardone, John Darroose, Joe Epstein, Frank Grabowski, retired Chicago Bulls superstar. Its Re Gene Krass, Tom Kuczajda, Eric Larson, Michael Uu, Terry just this year verbally assaulted a Womens' Rights Organizing Coalition Lorber, Jordan Milner, Carolyn Milroy, Crusty Munche r, symptoms include diarrhea, headaches, view staff writer by calling hi1n a "white (NWROC) and the Daily use the term Yawar Murad, Jason Pasatta, Tom Paska, Ben Pergarrent, abdominal pain, and other discomfort.