Exact(6)
"[O]ne who has sold a copyrighted article..
It is not denied that one who has sold a copyrighted article, without restriction, has parted with all right to control the sale of it.
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In this regard, I note that the copyright laws permit libraries and archives to replace a copyrighted article that is damaged, deteriorated, lost, or stolen, if the library or archives have, after reasonable effort, determined that an unused replacement cannot be obtained at a fair price.
Furthermore, it is almost unanimously accepted that a scholar can make a handwritten copy of an entire copyrighted article for his own use, and in the era before photoduplication it was not uncommon (and not seriously questioned) that he could have his secretary make a typed copy for his personal use and files.
Similar(54)
"The Coalition for Responsible Sharing has noticed that scholarly collaboration network ResearchGate has removed from public view a significant number of copyrighted articles it is hosting on its site.
The Coalition for Responsible Sharing, a group of publishers — including Elsevier and the ACS — that formed to order ResearchGate to remove their papers from its site, estimates that up to four million copyrighted articles have been made available for free on the platform.
Also, it is not a case where doctors or scientists have quoted portions of plaintiff's copyrighted articles in the course of writing other articles in the same field.
As the trial judge correctly observed, this extensive operation is not only a copying of the copyrighted articles, it is also a reprinting by modern methods and publication by a very wide distribution to requesters and users.
Mr. Falk said that while The Week relies heavily on the "fair use" doctrine by summarizing copyrighted articles, the magazine is a paying member of The Associated Press and the news services of The New York Times, The Washington Post/Bloomberg and McClatchy/Tribune.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com