Page 10 THE BATTALION
WEDNESDAY, FEBRUARY 26, 1975
Photocopy
copyrights
undecided
WASHINGTON (AP) — The
Supreme Court deadlocked on the
issue of library photocopying Tues
day, apparently leaving the issue to
be settled by Congress, a presiden
tial commission or negotiations.
In an unsigned order, the court
upheld by a 4-4 vote a U. S. Court of
Claims decision permitting two
government libraries to give out
free copies of medical journal arti
cles without paying royalties. But
the vote sets no precedent for simi
lar cases.
The photocopying case was
brought by the Williams & Wilkins
Co., a small medical and scientific
publisher in Baltimore. Williams &
Wilkins challenged photocopying
practices of the National Institutes
of Health and National Library of
Medicine. The agencies, like many
libraries, fill requests of patrons by
copying entire articles from jour
nals.
Spokesmen for librarians and
publishers, who had hoped the
court would resolve a longstanding
dispute over photocopying prac
tices, expressed disappointment.
“All this does is decide the par
ticular case before the court,” said
Philip B. Brown, attorney for a
group of research libraries. “The
question of photocopying now de
pends on what Congress does.”
Arthur B. Hanson, attorney for
the American Chemical Society
which publishes scientific journals,
called the decision “incredible.”
A pending copyright revision bill
would authorize libraries to make
single copies of copyrighted works,
but would bar “systematic repro
duction or distribution” without
payment of royalties.
The bill passed the Senate but not
the House in the last Congress.
Backers of the bill plan to press for
early passage in the current Con
gress.
A separate bill, which passed
both houses last year, called for
President Ford to name a
13-member commission to study
the question for three years. The
White House said Tuesday it prob
ably will be another month before
Ford makes the appointments.
In other cases, the court:
- Ruled 5-4 that students can col
lect damages under certain circums
tances when public school au
thorities violate their constitutional
rights.
- Spelled out guidelines govern
ing a prosecutor’s right to appeal
trial court decisions dismissing
criminal charges.
Justice Byron R. White spoke for
the Supreme Court in the students’
rights case, holding that “an act vio
lating a student’s constitutional
rights can be no more justified by
ignorance or disregard of settled,
indisputable law on the part of one
entrusted with the supervision of
students’ daily lives than by the pre
sence of actual malice. ”
But White said a school official
would be liable for damages only if
he “acted with such an impermissi
ble motivation or with disregard of
the student’s clearly established
constitutional rights that his action
cannot reasonably be characterized
as being in good faith.”
The case originated with the sus
pension of three 10th grade girls at
the Mena, Ark., high school after
they spiked the punch at a home
economics class party in February
1972. The girls were suspended for
the remainder of the school year.
A federal judge held that the
school board was immune from
damage suits brought on behalf of
the girls. The U.S. circuit court in
St. Louis disagreed and sent the
case back for trial on the question of
damages.
Corps weekend
includes review,
Elephant Bowl
Military Day will feature the
Corps of Cadets here Saturday.
A formal review, dances, the
Elephant Bowl and visit of Brig.
Gen. George R. Harper represent
ing the Texas Army National Guard
are planned.
Company W-l, the women’s
ROTC unit, will be in the Memorial
Student Center drill field review.
Parsons Mounted Cavalry will con
clude the line of march. The Fish
Drill Team will be in Austin com
petition.
Dances at Duncan Hall Friday
will begin the weekend. The dances
featuring Country and Western
music in one wing and rock in the
other side of Duncan, will follow the
Town Hall show of Olivia Newton-
John and Albert Hammond.
Corps units assemble on the drill
field shortly after noon. Corps
Commander Rickey Gray of Dallas
will present the corps to Gen.
Harper, 1954 A&M graduate, at
1:30 p.m.
The Elephant Bowl, matching an
Army-Navy-Marine team against
Air Force cadets, kicks off at Kyle
Field at 4 p.m. The formal Military
Ball is planned for the MSC Bal
lroom area Saturday evening.
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