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 Copy Store be found guilty of copyright infringement?
A) No, because the use was for education and would be considered a fair use.
B) No, because Professor Peter ordered the copying, and the store was simply following directions.
C) Yes, copy stores can be found liable for copyright infringement for copying without obtaining permission.
D) Yes, but only if the store failed to have Professor Peter agree to indemnify it for any alleged copyright infringement.

Question

Quizplus · Accepted Answer

Copy stores can be held liable for copyright infringement for copying without obtaining permission. Even though the use may be for education, it does not automatically qualify as a fair use. In this case, the copying is not transformative and the copied work is being sold for profit by the copy store, which could harm the market for the publisher's original work. Professor Peter is also not protected from liability just because he ordered the copying.

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