What were the Kinkos and Michigan Document Services cases, and how did they affect college bookstores and copy shops that produce and sell customized course anthologies?
Both were key cases related to fair use. The decisions in both cases provide the most relevant judicial guidance about copyright law as it pertains to coursepacks, indicating that making and selling coursepacks without permission of the copyright owner are likely to be infringing unless the statutory fair use criteria of Section 107 of the Copyright Act are met. Trial records from these cases showed that college stores were already operating legitimate custom publishing operations after obtaining permission from the copyright owners and producing custom anthologies containing authorized excerpts. The court decisions supported the practices of these stores. (See Appendix B for further details.) The Kinkos case refers to a lawsuit for copyright infringement against Kinkos Graphics Corporation in 1989 by eight book publishers. The Court held that Kinkos practice of unauthorized photocopying of multipage excerpts from copyrighted works to create coursepacks for sale violated the publishers
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