copy crimes

By Hanh Quach
Arizona Daily Wildcat
March 1, 1996

When Becky Byrkit made copies of an original shooting script from Thelma and Louise to help teach her film rhetoric class, she knew she was violating copyright law.

"I didn't care about the law," she says.

"The students responded to the authenticity of the script," says Byrkit, who now teaches intermediate poetry at the UA.

The purpose of the Copyright Act of 1976 is to balance the author's right to his work while promoting an exchange of ideas.

But many times, a free exchange of ideas infringes on the author's economic gains for his work. Permission from the party owning the copyrighted material is needed if more than one copy will be made.

So when the agent of the Thelma and Louise author, Kelly Corey, discovered Byrkit was making copies of the script, "she went ballistic," Byrkit says.

Byrkit says she does not agree with the copyright law.

"The issue (surrounding) copyright is that someone else could make money off published material," says Byrkit says.

"Photocopying isn't the same as publishing, and the (ownership) the author has over material is not surrendered in photocopy," she says.

Byrkit says some authors are more concerned about profit rather than building a "larger and more engaged audience."

Lynda Kelly, who works in Custom Publishing in the ASUA Bookstore, says many professors put material in the reserve book room of the Main Library if they find the copyright fees too high.

"If the fees were put at a reasonable rate, people would be more apt to use it, rather than the copyright owners missing out on (copyright fees) altogether," Kelly says.

Lisa Grabosch, a masters student in sports administration, says she would prefer that her Peak Performance professor compile a packet at the beginning of the semester.

Grabosch says she would not mind the extra dollars spent for copyright fees as long as it would eliminate the "time consuming" trips to the library.

Copyright fees still usually cost less than buying several textbooks.

"Not everyone has the money to buy the whole textbook," Michelle Gura, education junior.

For libraries and educators, the Copyright Act of 1976 allows them the use copyrighted material without permission as long as they fall under fair-use guidelines.

Although fair use allows public access to the material, restrictions also exist on how much and how many can be copied.

To comply with fair use, only 10 percent or one chapter may be copied, whichever is less. In an anthology, only one article, story , or one illustration from a book may be reproduced.

For the reserve book room, only four or five copies of a single article may be copied for any class.

A professor also may not place the same material on reserve for two consecutive semesters, says Karla Stoffle, dean of libraries.

Teachers put textbooks and class handouts for students to look at in the reserve book room.

When professors put material on reserve in the library, they should obtain permission first since they will knowingly allow more than one copy to be made, says Heather Bleakley, who works in the Copyright and Class Notes department of Fast Copy.

Many educators are not aware of time it takes to obtain copyright clearance, and eventually just put material on reserve at the library, Bleakley says.

For example, instructors may not create their own bound course packets or anthologies, which is why all material placed on reserve must be in separate folders, Stoffle says.

In order to remain within the law, decisions to photocopy material must also be made by the student and not encouraged by the professor, Stoffle says.

Karla Gastelum says her family studies class has 21 readings on reserve. Although her instructor does not require students to copy the material, Gastelum says, "I find it easier to make copies and go home to read."

Gastelum says a prepared course packet would be much more convenient.

"Sometimes, the copiers don't work and we have to wait a while for one to be available," she says. So far, Gastelum says, she has spent more than $10 in the first third of the semester.

As long as the material will be used for educational purposes, they are not in violation of copyright, Stoffle says.

"We assume and expect them to follow fair use guidelines," Stoffle says.

Colm Doherty, illustration junior says he appreciates having the specific books on reserve rather than having to roam the library to look for them.

Many times, Gura says materials that she needs for research are not available because other students have the books checked out for several months.

Materials on reserve are normally checked out for only two hours.

Rana Ozbul, anthropology junior, usually comes a couple days before one her classes to copy the material. "I lose the copy cards, forget them in the machine and I usually end up spending more," she says.

"I would also rather be able to have the material at hand," she says.

"The reserve is for the students and we don't limit it if students only want to look at the articles," Stoffle says.

Many times, Stoffle says, "students make copies based on how much time, money or how desperately they need the material."

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