WEATHER:
Monday, partly cloudy with a 20 percent chance
of thundershowers. High of 75 with winds from
the South at 5-15 miles per hour. Monday night,
cloudy with a 30 percent chance of thunder
showers and a low of 45-50 Tuesday, partly
cloudy and cool with a high of 65-70.
INDEX
News Digest.2
Editorial.4
Sports. 10
Arts 4 Entertainment. 13
Classifieds. 1S
May 8, 1989 University of Nebraska-Lincoin _ Vol. 88 No, 154
Wording of clause leads to lawsuit filed against Kinko’s -
By Eric Pfanner
Senior Editor
A lawsuit filed last week by eight
publishing companies against
Kinko’s Graphics Corporation
may change current interpretations of
the “fair use’’ clause of the national
copyright law.
According to the fair use clause,
published materials may be photo
copied in limited numbers for a non
profit purpose if the photocopied
work represents only a small amount
of the total publication.
The two sides involved in the
lawsuit disagree on the meaning of
the wording of the clause.
The lawsuit charges two Kinko’s
stores on the East Coast with illegally
copying portions of 12 books, pro
duced by major publishers, for
schools in New York, according to
the Chronicle of Higher Education.
The publishers listed in the Chronicle
include Harper & Row, McGraw
Hill, Penguin Books and Prentice
Hall.
Carol Risher, director of copyright
and new technology of the Associa
tion of American Publishers, said
legislative history allows copying
only when work is “spontaneous’^
and “brief.” Copying should not
replace or substitute published mate
rial, she said.
“Our intention is not to stop the
copying - just the illegal copying,”
she said.
Adrianna Foss, corporate commu
nications director of Kinko’s, said
Kinko’s stores “refuse to publish
materials that don’t fall within the
fair use clause.”
Foss said Kinko’s thoroughly
explains the copyright law to its
employees. The corporation also has
an ongoing training program for
employees, she said.
“If anything,” she said, ‘‘we
overtrain our co-workers.”
Kinko's has 10 full-time employ
ees at its corporate offices in Ventura,
Calif., to help stores with questions
they have about the status of material
they receive from professors to copy,
she said.
Kinko’s is not changing any of its
policies, Foss said, because it already
has “the strictest policies in the busi
ness.”
She said the publishers are suing to
challenge the interpretation of the
fair use clause, not because Kinko’s
did anything different from its nor
mal policy in the cases cited in the
lawsuit.
The companies are seeking a re
interpretation that will restrict copy
ing stores’ rights to reproduce mate
rial for professors, Foss said.
But Risher said she has received
“three bookshelves full” of photo
copied anthologies from people ques
tioning their legality. An anthology is
a collection of literary works.
“The preponderance (majority)
was stuff that was copied without
permission,” she said.
Even though the anthologies may
be only small parts of different
works, they should not be assembled
without permission, Risher said.
“The binding doesn’t matter,”
she said, because Congress intended
that anthologies could not be made
without permission.
Copy shops have been promoting
photocopied anthologies to univer
sity professors who otherwise would
use textbooks from publishing com
panies, she said.
“Copy shops say to professors
‘Don’t buy texts, we can custom copy
our own,’’’ she said.
Rishcr said the publishers’ asso
ciation has been educating professors
and universities to make them “more
aware” about unauthorized copying.
Foss said professors and students
will be the biggest losers if the pub
lishing companies are successful in
their plans to change the interpreta
tion of the fair use clause.
Professors rely on Kinko’s to pro
vide up-to-date materials for courses,
she said.
Foss said Kinko’s is confident
about defending the right to copy
course materials for professors.
More measles cases reported
By Victoria Ayotte
Senior Editor
Five more University of Nebraska-Lin
coln students were diagnosed with
measles this weekend, a University
Health Center official said.
Dr. Ralph Ewert, health center chief of staff,
said four students were diagnosed Friday and
one Sunday. Fifteen students have been diag
nosed with rubeola measles since the first stu
dent was diagnosed April 20.
Ewert said he does not know the class sched
ules of the latest victims.
‘‘I don’t think we bothered getting that
information,” he said. ‘‘I don’t think we saw
any point in it - it’s spread so far.”
Although the disease has spread further than
health center officials had hoped, Ewert said he
thinks the epidemic is nearing an end.
“I would suspect this is the tail end of the
second generation,” Ewert said, “but it’s hard
to predict.”
Students who caught the disease from the
first student diagnosed make up the second
generation.
Most students with measles have been sent
home, Ewert said, so health center officials are
not concerned about where to house the vic
tims.
The health center had made arrangements to
reserve a part of a residence hall in case the
center’s hospital could not handle all the cases,
Ewert said, but that probably will not be neces
sary.
-See UP6ATE"on"8
Walking distance should decide
parking permit costs, Hill says
By Ryan Sleeves
Senior Editor__
Because they park farther away from
campus, students at the University of
Nebraska-Lincoln should pay less than
i faculty and staff for parking permits, says
ASUN President Bryan Hill.
Hill said he will talk to UNL officials to try
to persuade them to differentiate the cost of
parking fees. Hill has not introduced a pricing
formula.
“The faculty lots’ prices should go up be
cause they’re closer lots,’’ he said.
The Parking Advisory Committee, com
posed of UNL faculty, staff and students, has
proposed raising prices for all year-long per
mits to $50. Currently, individual staff, faculty
members and students pay $40 for year-round
permits.
Hill said he understands that the university
must increase permit prices to cover mainte
nance costs.
“But unless they start to differentiate in
those prices, I would oppose an increase,’’ he
said.
Hill said students pay less than faculty and
staff members for parking fees at many Big
Eight universities, including the University of
Kansas, the University of Colorado, Oklahoma
State University, Kansas State University and
Iowa State University.
The University oi Nebraska at Omaha and
the University of Nebraska Medical Center
also differentiate their prices, according to the
institutions’ security departments.
UNO students pay $25 a year for all-day
parking, while faculty members pay $40.
UNO’s parking gc.age is not part of this park
ing formula.
David Castilow, director of business serv
ices at UNO, said faculty and s'udent prices
will increase $5 next year.
Castilow said he can’t remember why UNO
officials started charging different parking
fees. But, he said, it’s logical that faculty pay
more because, they can afford the higher rates.
All students at UNO commute and most
work part time, he said, so a lower parking rate
is beneficial to students.
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two semesters ar.d about $40 for year-round
parking. UNMC faculty and staff members pay
from $42 to $120 a year, depending on how
close the lot is to their workplace.
Prices at UNMC will increase to $40 for
students, while faculty and staff will pay
$50.88 to $ 180 for their stalls, according to the
UNMC security department.
Del Lee, associate vice chancellor of busi
ness and finance at UNMC, said faculty lots at
UNMC have gates to ensure a stall for commut
ers who pay the lot’s rates.
Franz Blaha, member of the UNL Parking
Advisory Committee, said the committee is
considering a plan similar to UNMC’s.
Under the plan, commuters who reserve a
specific stall in a specific lot would pay higher
parking rates, he said.
Those who don’t reserve a stall but pay to
park in a lot close to their workplace would pay
an intermediate fee, he said. Those who park
four or Five blocks from campus or in gravel
lots would pay less than other UNL commut
ers.
Blaha, an associate English professor, said
the convenience and quality a lot gives users
will determine the pricing scheme. It would not
be based on type of commuter, he said.
Blaha said the advisory committee wants to
implement the plan over the next four to five
years.
Hill said a plan is needed sooner.
‘‘I don’t see why it couldn’t be done this
year,” Hill said of his proposal. “Four to five
years seems a long way off.”
Hill said the committee’s plan doesn’t solve
the problem because students and faculty still
could end up paying the same parking rates.
Blaha said he opposes Hill’s proposal be
cause the cost to maintain lots is subsidized
with parking fines and lot rentals.
UNL officials sometimes rent lots to UNL
boosters and others, Blaha said.
Each stall at UNL costs $65 per year to
maintain, he said. If commuters pay $50, he
said, UNL officials must raise $15 per stall
from fines and rentals.
As long as lot maintenance costs are subsi
dized, he said, users should pay the same price.
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Greenhouse amendment fails
By Jerry Guenther
Senior Reporter
An amendment that would increase fund
ing for greenhouse renovation at the
University of Nebraska-Lincoln was
voted down by the Nebraska Legislature Fri
day as state senators began deliberations on
LD814, a bill that provides one-time alloca
tions for capital construction projects.
e
The amendment, co-sponsored by Sen.
Merton Dierks of Ewing, would provide about
$1.7 million for greenhouse renovations,
equalling the amount estimated as necessary
for the renovations.
The Appropriations Committee had recom
mended $1 million for the project in its pre
liminary budget recommendations.
Dierks said the greenhouses suffer from
many “serious problems” that limit the re
search that can be performed on wheat and
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Some greenhouses have had their light
transmission capabilities reduced because the
exterior on the fiberglass greenhouse cover
ings has been peeling, Dierks said.
About $835,000 is needed so that the fiber
glass coverings can be replaced with glass, he
said.
In addition, Dierks said, many of the motors
that control the temperature and environment
in the greenhouses need to be replaced.
There also are water leaks and electrical
problems in some of the greenhouses, he said.
Sen. Roger Wehrbein of Plattsmouth said
many problems in the greenhouses have oc
curred because the proposed funding was cut
from $13 million to $10 million in 1977, when
the greenhouses were built.
Wehrbein said it is important to keep the
greenhouses in proper shape because Nebraska
is one of the national leaders in greenhouse
research.
Sen. Carson Rogers of Ord said keeping the
greenhouses in working order would provide
economic benefits for the stale.
