The United States copyright law dilemma: a synthesis of copyright applications that affect the use of digital print-on-demand technology

Abstract

This study explores the problem of "fair use" in copyright as it applies to the use of POD's, print-on-demand systems, by education and business entities. This qualitative research instrument offers an explanation for the discrepancy between current copyright statutes and the application of these statutes by the US Courts toward regulating the "fair use" doctrine as it applies to POD technology. This synthesis examines the "gray areas" of the US Copyright Act of 1976 and the Copyright Amendments Act of 1992 in conjunction with the ever-changing legal opinions that continuously shape and mold court opinions into copyright ideals. In order to achieve this goal, the following criteria is discussed: 1) the nights of copyright owners; 2) limitations of exclusivity in copyright; 3) judicial and statutory factors in "fair use"; 4) court rulings that affect the common educational and business use of copyright protected materials; and 5) the affect of copyright rulings upon the use of high technology equipment that is presently in use or will be introduced into the market place soon. In effect, this study responds to the copyright dilemma as it pertains to "fair use" upon POD's, digital high speed copy systems, computers/laser printers, video taping systems, audio taping systems, live presentations, transmitted presentations, and other information systems. The following questions will be considered and discussed: 1) What is the history and intent of the fair use doctrine as it applies to the Copyright Act of 1976 and Copyright Amendment Act of 1992; 2) What is the affect of present copyright laws upon POD's; 3) Has court litigation in the last decade restricted the "fair use” doctrine by limiting the uses of copyrighted materials by educational and business entities? Finally and most importantly, in the interest of preserving, improving, and perfecting the relationship between POD users, in both education and business, and the international copyright proprietors, including members of AAP and SPA, this dissertation has explored and developed a copyright user's and owner's "Model of Rights".