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MEDLIB-L  September 2016, Week 5

MEDLIB-L September 2016, Week 5

Subject:

Re: Question re: copyright

From:

"Harnke, Ben" <[log in to unmask]>

Reply-To:

Harnke, Ben

Date:

Fri, 30 Sep 2016 22:45:49 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (122 lines)

Hi All,

The document (www.copyright.gov/circs/circ21.pdf) that Linda quotes from is not the law and should not be used as guidance on these questions. The US Copyright Office is not a law-making entity (it's function is mainly advisory and administrative) and copyright law is ultimately interpreted by the courts. This document essentially summarizes "guidelines" that were developed by publishers that they were able to get read into the Congressional Record. Copyright guidelines do not hold the force of law! 

To take on quick example, earlier in the section that Linda quotes from, the guideline states that you can only make multiple copies for classroom use if you meet the following conditions:

"a The copying meets the tests of brevity and spontaneity
as defined below and,
b Meets the cumulative effect test as defined below
and,
c Each copy includes a notice of copyright"

Nowhere are these conditions mentioned in actual US Copyright law. Section 107 dealing with Fair Use makes no mention of such concepts as "spontaneity" or brevity" or "cumulative effect". This document holds absolutely no force of law and would be treated as such by the courts. The specific guideline that Linda is quoting from originates with publishers who are trying to roll back fair use by scaring educators with legal-sounding documents. One strategy publishers use is to get their "guideline" read/entered into the Congressional record in order to give it a veneer of legality--hence this PDF put out by the Copyright Office. 

I highly recommend the book, "Copyright Law for Librarians and Educators" by legal scholar Kenneth Crews and specifically the chapter dealing with Guidelines and their deficiencies, pg 77-80. 

You can also do  find a free PDF of Crew's scholarly article on the topic in Google Scholar: 
"The Law of Fair Use and the Illusion of Fair-Use Guidelines" Ohio St. LJ 62 (2001): 599.)
---------------------------------------------

As to the questions at hand:

A) "If a student has purchased a printed lab manual with homework pages meant to be torn out to be turned in, is it a copyright violation if the student instead photocopies those pages to turn in thus keeping the book intact for resale."

This requires a fair use analysis, meaning we have to weigh the four factors laid out in actual copyright law. The fact that the student's practice has nothing to do with scholarship, research or education, rather is simply designed to avoid paying for the material, has probably doomed it to a favorable fair use finding right out of the gates (factor 1, purpose of use). That the workbook is specifically designed for use in the classroom (factor 2, nature of copyrighted work)  and that the resale practice would greatly reduce the potential market for the workbook (factor 4, effect on market) weigh heavily against fair use in my opinion. Just as it would almost certainly not be fair use for a teacher/school to buy one copy of a consumable workbook and make 100 copies for the classroom, this practice by the student, on a wide-scale, would create a huge disincentive for publishers to create workbooks in the first place. 

It would almost certainly be fair use for the student to make a copy of the workbook for personal future use so long as they did not resale the original workbook. I can make as many copies for myself of a legally acquired song, book, video, etc. as I want to. 

B) "allows other students to photocopy the homework pages so those students don't need to buy their own copies of the manual"

Clearly a copyright violation for the reasons outlined above. 

C) " the instructor would like to know if the school or its instructors could be held liable for the infringement by accepting the photocopied pages"

It depends. There is a concept of "vicarious liability" that for example Internet service providers run into. File sharing sites like Napster and LimeWire have been shut down because they facilitated copyright violations even though the sites themselves did not engage in copyright violations. If YouTube did nothing to prevent copyrighted videos from being posted on the website, you can be sure they'd be under serious legal pressure.

Same with the school, the bookstore and the instructors. If they are all well aware of this practice and do nothing to prevent it, I would see this as very similar to the file-sharing websites. I think the main party that could run into trouble here is the bookstore. If the bookstore is buying back workbook copies that obviously should have been consumed in a class, then they are contributing to copyright fraud. The simple solution here is to have a policy of not buying back workbooks that should have been consumed in a class. I would say that if instructors inform the students that it is a copyright violation to copy and resale the workbooks, then they would seem to have done their due diligence. If the instructors want to take no chance, then only accept workbook pages. I mean the instructors could suggest that the students make a personal copy of the workbook for their own personal future use, if they so desire, and then only accept submitted pages from the purchased workbook. 

Ultimately, I think this is a problem easily solved. 

That's my 2 cents.

Regards,
Ben Harnke

Education and Reference Librarian
Health Sciences Library, University of Colorado Anschutz Medical Campus
12950 E. Montview Blvd., MS A003  Aurora, CO  80045    
303-724-2146, [log in to unmask] , http://hslibrary.ucdenver.edu/


-----Original Message-----
From: Medical Libraries Discussion List [mailto:[log in to unmask]] On Behalf Of Linda M Schwartz
Sent: Tuesday, September 27, 2016 5:01 AM
To: [log in to unmask]
Subject: Re: Question re: copyright

A workbook is considered a "consumable" and may not be reused in any way - including resale. See


"Notwithstanding any of the above, the following shall be prohibited:
a Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or reproduced and used separately.
b There shall be no copying of or from works intended to be "consumable" in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.

and

When Frugal is Illegal
http://www.home-school.com/Articles/frugal-illegal-homeschool-copyright-law.php

My kids didn't write in the book.
 This is the single least-known and least-understood copyright rule. Unless the publisher gives permission for purchasers to make multiple copies, you must buy a separate workbook for each child. Whether your children write directly in the workbook, on notebook paper, or use an acetate overlay, a consumable workbook that has been used in any way, even if no writing appears on its pages, is still "used" and may not be reused without violating copyright law.

What about "partly used" workbooks?
 Noted intellectual-property attorney Susan Spann says: "It is permissible to use the unused portions of the workbook (minus the used pages) for another child. The used portions should be discarded. Also, it is legal to give a workbook to someone else if you only used a few pages, but you should remove the used pages from the book to ensure the new owner does not violate copyright by reusing the pages."

I want to preserve the original and resell it.
 Only non-consumable textbooks may be resold or shared. You can legally make one archival copy of a copyrighted work in case the original is destroyed, but "archival copies can't be used as 'second copies' or given away to another person," says Susan Spann.

I don't think it's unethical to photocopy workbooks. Just because they're sold as a consumable resource doesn't mean they need to be used as a consumable.
 The US Copyright Office states: "There shall be no copying of or from works intended to be 'consumable.'" We can certainly have personal beliefs about this sensitive topic, but what we "feel" or "think" does not trump the law. We're obligated to use the materials as specified by the copyright.

Spann adds, "Although the physical book belongs to the buyer, the intellectual property rights (including the right to control copying) ... belong to the copyright holder. Illegal copying is infringement regardless of the purchaser's contrary belief."


Linda Matula Schwartz, MDE, AHIP, CM
Director, Department of Education, Educational Infrastructure (Library Services and Patient Education) Lehigh Valley Health Network
1200 S. Cedar Crest Blvd.
Allentown, PA 18105
610-402-5290

Libraries are about service - not books. Information where & when you want it with librarians as professional guides.




-----Original Message-----
From: Medical Libraries Discussion List [mailto:[log in to unmask]] On Behalf Of Janet Bolduc
Sent: Monday, September 26, 2016 2:52 PM
To: [log in to unmask]
Subject: [MEDLIB-L] Question re: copyright

Hello all,
We have received a question about copyright that I am struggling to answer:  If a student has purchased a printed lab manual with homework pages meant to be torn out to be turned in, is it a copyright violation if the student instead photocopies those pages to turn in thus keeping the book intact for resale, or allows other students to photocopy the homework pages so those students don't need to buy their own copies of the manual?  We are thinking the first action is OK but not the second, but would like some more experienced opinion on that.

Also, if either of these scenarios is an infringement, the instructor would like to know if the school or its instructors could be held liable for the infringement by accepting the photocopied pages?  Or would it be enough to post or distribute a copyright "do this at your own risk" type statement?

Thank you in advance for advice,
Janet S. Bolduc, MSLS
Library Director
Gerrish-True Health Sciences Library
300 Main Street
Lewiston, ME  04240
207-795-2564


________________________________
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July 2006, Week 1
June 2006, Week 5
June 2006, Week 4
June 2006, Week 3
June 2006, Week 2
June 2006, Week 1
May 2006, Week 5
May 2006, Week 4
May 2006, Week 3
May 2006, Week 2
May 2006, Week 1
April 2006, Week 4
April 2006, Week 3
April 2006, Week 2
April 2006, Week 1
March 2006, Week 5
March 2006, Week 4
March 2006, Week 3
March 2006, Week 2
March 2006, Week 1
February 2006, Week 4
February 2006, Week 3
February 2006, Week 2
February 2006, Week 1
January 2006, Week 5
January 2006, Week 4
January 2006, Week 3
January 2006, Week 2
January 2006, Week 1
December 2005, Week 5
December 2005, Week 4
December 2005, Week 3
December 2005, Week 2
December 2005, Week 1
November 2005, Week 5
November 2005, Week 4
November 2005, Week 3
November 2005, Week 2
November 2005, Week 1
October 2005, Week 5
October 2005, Week 4
October 2005, Week 3
October 2005, Week 2
October 2005, Week 1
September 2005, Week 5
September 2005, Week 4
September 2005, Week 3
September 2005, Week 2
September 2005, Week 1
August 2005, Week 5
August 2005, Week 4
August 2005, Week 3
August 2005, Week 2
August 2005, Week 1
July 2005, Week 5
July 2005, Week 4
July 2005, Week 3
July 2005, Week 2
July 2005, Week 1
June 2005, Week 5
June 2005, Week 4
June 2005, Week 3
June 2005, Week 2
June 2005, Week 1
May 2005, Week 5
May 2005, Week 4
May 2005, Week 3
May 2005, Week 2
May 2005, Week 1
April 2005, Week 5
April 2005, Week 4
April 2005, Week 3
April 2005, Week 2
April 2005, Week 1
March 2005, Week 5
March 2005, Week 4
March 2005, Week 3
March 2005, Week 2
March 2005, Week 1
February 2005, Week 4
February 2005, Week 3
February 2005, Week 2
February 2005, Week 1
January 2005, Week 5
January 2005, Week 4
January 2005, Week 3
January 2005, Week 2
January 2005, Week 1
December 2004, Week 5
December 2004, Week 4
December 2004, Week 3
December 2004, Week 2
December 2004, Week 1
November 2004, Week 5
November 2004, Week 4
November 2004, Week 3
November 2004, Week 2
November 2004, Week 1
October 2004, Week 5
October 2004, Week 4
October 2004, Week 3
October 2004, Week 2
October 2004, Week 1
September 2004, Week 5
September 2004, Week 4
September 2004, Week 3
September 2004, Week 2
September 2004, Week 1
August 2004, Week 5
August 2004, Week 4
August 2004, Week 3
August 2004, Week 2
August 2004, Week 1
July 2004, Week 5
July 2004, Week 4
July 2004, Week 3
July 2004, Week 2
July 2004, Week 1
June 2004, Week 5
June 2004, Week 4
June 2004, Week 3
June 2004, Week 2
June 2004, Week 1
May 2004, Week 4
May 2004, Week 3
May 2004, Week 2
May 2004, Week 1
April 2004, Week 5
April 2004, Week 4
April 2004, Week 3
April 2004, Week 2
April 2004, Week 1
March 2004, Week 5
March 2004, Week 4
March 2004, Week 3
March 2004, Week 2
March 2004, Week 1
February 2004, Week 5
February 2004, Week 4
February 2004, Week 3
February 2004, Week 2
February 2004, Week 1
January 2004, Week 5
January 2004, Week 4
January 2004, Week 3
January 2004, Week 2
January 2004, Week 1
December 2003, Week 5
December 2003, Week 4
December 2003, Week 3
December 2003, Week 2
December 2003, Week 1
November 2003, Week 5
November 2003, Week 4
November 2003, Week 3
November 2003, Week 2
November 2003, Week 1
October 2003, Week 5
October 2003, Week 4
October 2003, Week 3
October 2003, Week 2
October 2003, Week 1
September 2003, Week 5
September 2003, Week 4
September 2003, Week 3
September 2003, Week 2
September 2003, Week 1
August 2003, Week 5
August 2003, Week 4
August 2003, Week 3
August 2003, Week 2
August 2003, Week 1
July 2003, Week 5
July 2003, Week 4
July 2003, Week 3
July 2003, Week 2
July 2003, Week 1
June 2003, Week 5
June 2003, Week 4
June 2003, Week 3
June 2003, Week 2
June 2003, Week 1
May 2003, Week 5
May 2003, Week 4
May 2003, Week 3
May 2003, Week 2
May 2003, Week 1
April 2003, Week 5
April 2003, Week 4
April 2003, Week 3
April 2003, Week 2
April 2003, Week 1
March 2003, Week 5
March 2003, Week 4
March 2003, Week 3
March 2003, Week 2
March 2003, Week 1
February 2003, Week 4
February 2003, Week 3
February 2003, Week 2
February 2003, Week 1
January 2003, Week 5
January 2003, Week 4
January 2003, Week 3
January 2003, Week 2
January 2003, Week 1
December 2002, Week 5
December 2002, Week 4
December 2002, Week 3
December 2002, Week 2
December 2002, Week 1
November 2002, Week 5
November 2002, Week 4
November 2002, Week 3
November 2002, Week 2
November 2002, Week 1
October 2002, Week 5
October 2002, Week 4
October 2002, Week 3
October 2002, Week 2
October 2002, Week 1
September 2002, Week 5
September 2002, Week 4
September 2002, Week 3
September 2002, Week 2
September 2002, Week 1
August 2002, Week 5
August 2002, Week 4
August 2002, Week 3
August 2002, Week 2
August 2002, Week 1
July 2002, Week 5
July 2002, Week 4
July 2002, Week 3
July 2002, Week 2
July 2002, Week 1
June 2002, Week 5
June 2002, Week 4
June 2002, Week 3
June 2002, Week 2
June 2002, Week 1
May 2002, Week 5
May 2002, Week 4
May 2002, Week 3
May 2002, Week 2
May 2002, Week 1
April 2002, Week 5
April 2002, Week 4
April 2002, Week 3
April 2002, Week 2
April 2002, Week 1
March 2002, Week 5
March 2002, Week 4
March 2002, Week 3
March 2002, Week 2
March 2002, Week 1
February 2002, Week 4
February 2002, Week 3
February 2002, Week 2
February 2002, Week 1
January 2002, Week 5
January 2002, Week 4
January 2002, Week 3
January 2002, Week 2
January 2002, Week 1
December 2001, Week 5
December 2001, Week 4
December 2001, Week 3
December 2001, Week 2
December 2001, Week 1
November 2001, Week 5
November 2001, Week 4
November 2001, Week 3
November 2001, Week 2
November 2001, Week 1
October 2001, Week 5
October 2001, Week 4
October 2001, Week 3
October 2001, Week 2
October 2001, Week 1
September 2001, Week 5
September 2001, Week 4
September 2001, Week 3
September 2001, Week 2
September 2001, Week 1
August 2001, Week 5
August 2001, Week 4
August 2001, Week 3
August 2001, Week 2
August 2001, Week 1
July 2001, Week 5
July 2001, Week 4
July 2001, Week 3
July 2001, Week 2
July 2001, Week 1
June 2001, Week 5
June 2001, Week 4
June 2001, Week 3
June 2001, Week 2
June 2001, Week 1
May 2001, Week 5
May 2001, Week 4
May 2001, Week 3
May 2001, Week 2
May 2001, Week 1
April 2001, Week 5
April 2001, Week 4
April 2001, Week 3
April 2001, Week 2
April 2001, Week 1
March 2001, Week 5
March 2001, Week 4
March 2001, Week 3
March 2001, Week 2
March 2001, Week 1
February 2001, Week 4
February 2001, Week 3
February 2001, Week 2
February 2001, Week 1
January 2001, Week 5
January 2001, Week 4
January 2001, Week 3
January 2001, Week 2
January 2001, Week 1
December 2000, Week 5
December 2000, Week 4
December 2000, Week 3
December 2000, Week 2
December 2000, Week 1
November 2000, Week 5
November 2000, Week 4
November 2000, Week 3
November 2000, Week 2
November 2000, Week 1
October 2000, Week 5
October 2000, Week 4
October 2000, Week 3
October 2000, Week 2
October 2000, Week 1
September 2000, Week 5
September 2000, Week 4
September 2000, Week 3
September 2000, Week 2
September 2000, Week 1
August 2000, Week 5
August 2000, Week 4
August 2000, Week 3
August 2000, Week 2
August 2000, Week 1
July 2000, Week 5
July 2000, Week 4
July 2000, Week 3
July 2000, Week 2
July 2000, Week 1
June 2000, Week 5
June 2000, Week 4
June 2000, Week 3
June 2000, Week 2
June 2000, Week 1
May 2000, Week 5
May 2000, Week 4
May 2000, Week 3
May 2000, Week 2
May 2000, Week 1
April 2000, Week 5
April 2000, Week 4
April 2000, Week 3
April 2000, Week 2
April 2000, Week 1
March 2000, Week 5
March 2000, Week 4
March 2000, Week 3
March 2000, Week 2
March 2000, Week 1
February 2000, Week 5
February 2000, Week 4
February 2000, Week 3
February 2000, Week 2
February 2000, Week 1
January 2000, Week 5
January 2000, Week 4
January 2000, Week 3
January 2000, Week 2
January 2000, Week 1
December 1999, Week 5
December 1999, Week 4
December 1999, Week 3
December 1999, Week 2
December 1999, Week 1
November 1999, Week 5
November 1999, Week 4
November 1999, Week 3
November 1999, Week 2
November 1999, Week 1
October 1999, Week 5
October 1999, Week 4
October 1999, Week 3
October 1999, Week 2
October 1999, Week 1
September 1999, Week 5
September 1999, Week 4
September 1999, Week 3
September 1999, Week 2
September 1999, Week 1
August 1999, Week 5
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August 1999, Week 3
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July 1999, Week 3
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July 1999, Week 1
June 1999, Week 5
June 1999, Week 4
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June 1999, Week 2
June 1999, Week 1
May 1999, Week 5
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May 1999, Week 3
May 1999, Week 2
May 1999, Week 1
April 1999, Week 5
April 1999, Week 4
April 1999, Week 3
April 1999, Week 2
April 1999, Week 1
March 1999, Week 5
March 1999, Week 4
March 1999, Week 3
March 1999, Week 2
March 1999, Week 1
February 1999, Week 4
February 1999, Week 3
February 1999, Week 2
February 1999, Week 1
January 1999, Week 5
January 1999, Week 4
January 1999, Week 3
January 1999, Week 2
January 1999, Week 1
December 1998, Week 5
December 1998, Week 4
December 1998, Week 3
December 1998, Week 2
December 1998, Week 1
November 1998, Week 5
November 1998, Week 4
November 1998, Week 3
November 1998, Week 2
November 1998, Week 1
October 1998, Week 5
October 1998, Week 4
October 1998, Week 3
October 1998, Week 2
October 1998, Week 1
September 1998, Week 5
September 1998, Week 4
September 1998, Week 3
September 1998, Week 2
September 1998, Week 1
August 1998, Week 5
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August 1998, Week 3
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July 1998, Week 3
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July 1998, Week 1
June 1998, Week 5
June 1998, Week 4
June 1998, Week 3
June 1998, Week 2
June 1998, Week 1
May 1998, Week 5
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May 1998, Week 1
April 1998, Week 5
April 1998, Week 4
April 1998, Week 3
April 1998, Week 2
April 1998, Week 1
March 1998, Week 5
March 1998, Week 4
March 1998, Week 3
March 1998, Week 2
March 1998, Week 1
February 1998, Week 4
February 1998, Week 3
February 1998, Week 2
February 1998, Week 1
January 1998, Week 5
January 1998, Week 4
January 1998, Week 3
January 1998, Week 2
January 1998, Week 1
December 1997, Week 5
December 1997, Week 4
December 1997, Week 3
December 1997, Week 2
December 1997, Week 1
November 1997, Week 5
November 1997, Week 4
November 1997, Week 3
November 1997, Week 2
November 1997, Week 1
October 1997, Week 5
October 1997, Week 4
October 1997, Week 3
October 1997, Week 2
October 1997, Week 1
September 1997, Week 5
September 1997, Week 4
September 1997, Week 3
September 1997, Week 2
September 1997, Week 1
August 1997, Week 5
August 1997, Week 4
August 1997, Week 3
August 1997, Week 2
August 1997, Week 1
July 1997, Week 5
July 1997, Week 4
July 1997, Week 3
July 1997, Week 2
July 1997, Week 1
June 1997, Week 5
June 1997, Week 4
June 1997, Week 3
June 1997, Week 2
June 1997, Week 1
May 1997, Week 5
May 1997, Week 4
May 1997, Week 3
May 1997, Week 2
May 1997, Week 1
April 1997, Week 5
April 1997, Week 4
April 1997, Week 3
April 1997, Week 2
April 1997, Week 1
March 1997, Week 5
March 1997, Week 4
March 1997, Week 3
March 1997, Week 2
March 1997, Week 1
February 1997, Week 4
February 1997, Week 3
February 1997, Week 2
February 1997, Week 1
January 1997, Week 5
January 1997, Week 4
January 1997, Week 3
January 1997, Week 2
January 1997, Week 1
December 1996, Week 5
December 1996, Week 4
December 1996, Week 3
December 1996, Week 2
December 1996, Week 1
November 1996, Week 5
November 1996, Week 4
November 1996, Week 3
November 1996, Week 2
November 1996, Week 1
October 1996, Week 5
October 1996, Week 4
October 1996, Week 3
October 1996, Week 2
October 1996, Week 1
September 1996, Week 5
September 1996, Week 4
September 1996, Week 3
September 1996, Week 2
September 1996, Week 1
August 1996, Week 5
August 1996, Week 4
August 1996, Week 3
August 1996, Week 2
August 1996, Week 1
July 1996, Week 5
July 1996, Week 4
July 1996, Week 3
July 1996, Week 2
July 1996, Week 1
June 1996, Week 5
June 1996, Week 4
June 1996, Week 3
June 1996, Week 2
June 1996, Week 1
May 1996, Week 5
May 1996, Week 4
May 1996, Week 3
May 1996, Week 2
May 1996, Week 1
April 1996, Week 5
April 1996, Week 4
April 1996, Week 3
April 1996, Week 2
April 1996, Week 1
March 1996, Week 5
March 1996, Week 4
March 1996, Week 3
March 1996, Week 2
March 1996, Week 1
February 1996, Week 5
February 1996, Week 4
February 1996, Week 3
February 1996, Week 2
February 1996, Week 1
January 1996, Week 5
January 1996, Week 4
January 1996, Week 3
January 1996, Week 2
January 1996, Week 1
December 1995, Week 5
December 1995, Week 4
December 1995, Week 3
December 1995, Week 2
December 1995, Week 1
November 1995, Week 5
November 1995, Week 4
November 1995, Week 3
November 1995, Week 2
November 1995, Week 1
October 1995, Week 5
October 1995, Week 4
October 1995, Week 3
October 1995, Week 2
October 1995, Week 1
September 1995, Week 5
September 1995, Week 4
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September 1995, Week 1
August 1995, Week 5
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August 1995, Week 3
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August 1995, Week 1
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July 1995, Week 3
July 1995, Week 2
July 1995, Week 1
June 1995, Week 5
June 1995, Week 4
June 1995, Week 3
June 1995, Week 2
June 1995, Week 1
May 1995, Week 5
May 1995, Week 4
May 1995, Week 3
May 1995, Week 2
May 1995, Week 1
April 1995, Week 5
April 1995, Week 4
April 1995, Week 3
April 1995, Week 2
April 1995, Week 1
March 1995, Week 5
March 1995, Week 4
March 1995, Week 3
March 1995, Week 2
March 1995, Week 1
February 1995, Week 5
February 1995, Week 4
February 1995, Week 3
February 1995, Week 2
February 1995, Week 1
January 1995, Week 5
January 1995, Week 4
January 1995, Week 3
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January 1995, Week 1
December 1994, Week 5
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December 1994, Week 3
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December 1994, Week 1
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April 1994, Week 5
April 1994, Week 4
April 1994, Week 3
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