Custom Copies, Inc., prepares and sells coursepacks, which contain compilations

Question

Custom Copies, Inc., prepares and sells coursepacks, which contain compilations of readings for college courses. A teacher selects the readings and delivers a syllabus to the copy shop, which obtains the materials from a library, copies them, and binds the copies. Blackwell Publishing, Inc., which owns the copyright to some of the materials, filed a suit, alleging copyright infringement. Custom Copies filed a motion to dismiss for failure to state a claim. [Blackwell Publishing, Inc. v. Custom Copies, Inc., 2006 WL 1529503 (N.D.Fla. 2006)] (See Copyrights.)

Custom Copies argued, in part, that creating and selling did not “distribute” the coursepacks. Does a copy shop violate copyright law if it only copies materials for coursepacks? Does the copying fall under the “fair use” exception? Should the court grant the defendant’s motion? Why or why not?

What is the potential impact of copying and selling a book or journal without the permission of, and the payment of royalties or a fee to, the copyright owner? Explain.

Explanation / Answer

In this specific case custom office does not have any authority to copy the original content from the library as it is protected under the copyright act. Custom copies has to pay liability and the amount of damages to the blackwell publishing Incorporated. Any kind of copying of the content is prohibited under the copyright act even if it is not distributed.
It is clear violation of the copyright law as copyright law prohibits any kind of copies for the original content even if it is not distributed.
As the content is copied by another company not by an individual for personal use it does not fall under the category of fair usage. Custom copies have no use of the specific material other than distribution.
Court would not grant any kind of relief to the defendant this is a clear violation of the copyright law in which custom copies is responsible for creating copies of the copyright content without even informing the publisher.
If a company is selling copied books or general without the permission of the publisher then the specific infringement of the copyright law is eligible for the losses and damages to be paid to the publishing company.

Related Questions

Navigate

• Browse (All)
• Browse C
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.