Question: Texaco, Inc., conducts research to develop new products and technology in the petroleum industry. As part of the research, Texaco employees routinely photocopy articles from scientific and medical journals without the permission of the copyright holders. The publishers of the journals brought a copyright infringement action against Texaco in a federal district court. The court ruled that the copying was not a fair use. The U.S. Court of Appeals for the Second Circuit affirmed this ruling primarily because the dominant purpose of the use was "archival"-to assemble a set of papers for future reference. The court reasoned that this type of use was not fair because it served the same purpose for which additional subscriptions are normally sold, or for which photocopying licenses may be obtained. [American Geophysical Union v. Texaco, Inc., 60 F.3d 913 (2d Cir. 1994)]

1. Do you agree with the court's decision that the copying was not a fair use? Why or why not?

2. Do you think that the law should impose a duty on every person to obtain permission to photocopy or reproduce any article under any circumstance? What would be some of the implications of such a duty for society? Discuss fully.