The issue is that the American Association of University Presses states
that copyright permission is required every time for every use of an
item on electronic reserve.
Under the current guidelines for print reserves, you may put an item on
reserve the first time without asking copyright permission. However, if
you wish to reuse them for a future semester you need to obtain
copyright permission.
The publishers' position, however, is that electronic reserves
constitute a coursepack, and under the Kinko's and Michigan Document
Center cases coursepacks require prior permission every time. Because
the publishers equate electronic reserves with coursepacks, they contend
that every item on electronic reserve needs permission every time, even
if it is the first time. The ALA, SLA, AALL, and MLA disagree.
I wrote about this issue in the September 2007 issue of Against the
Grain. The citation is /Electronic Reserves and the Failed CONFU
Guidelines: A Place to Start Negotiations/, 19-4 Against the Grain pp.
30, 32, 34 (September 2007).
--Bryan M. Carson
Gaunce, Charles wrote:
> Is the complaint that Georgia State permitted professors to reproduce
> vast amounts of copyrighted materials, or that they permitted professors
> to reproduce a few pages each from a vast number of diverse sources?
>
> Reproducing two pages from each of 30 different sources is a lot
> different from reproducing 60 pages from a single source. Either way,
> it's 60 pages, but is the test for fair use the number of pages, or the
> number of pages from a particular source (fewer pages per source being
> more likely to pass the fair use criteria)?
>
> After all, the government has always operated on the principle that it
> is okay to steal a little from a lot of people, but they will put you in
> prison if you steal a lot from a few people. Of course, current
> interpretations are that it is perfectly alright to steal a lot from
> everyone.
>
> One further thought: If you ask permission for a clearly fair use, and
> the permission is denied, can you still use it?
>
> I'll go back to drinking now. Rattle my cage if something important
> happens.
>
> Chas. Gaunce
> Law Librarian
> University of Texas at El Paso
>
>
>
> -----Original Message-----
> From: owner-law-lib@ucdavis.edu [mailto:owner-law-lib@ucdavis.edu] On
> Behalf Of Don Mac Gregor
> Sent: Friday, April 18, 2008 12:35 PM
> To: Law Library mailing list
> Subject: [LAW-LIB:55333] Re: COPYRIGHT : ELECTRONIC TEXT: ISSUES : LAW:
> CASES : LIBRARIES:
>
> It says here:
> The problem first cropped up a couple years ago, noted Patricia
> Schroeder,
> head of the Association of American Publishers, of which the plaintiffs
> are members.
>
> "A couple years ago, we noted a drop-off in universities seeking
> copyright
> permission as they shifted to the digital world," Schroeder said. "Even
> though technology changes, the law doesn't."
>
> The publishers allege Georgia State University permitted its professors
> to
> reproduce vast amounts of copyrighted materials and combine them into
> course packets for students
>
> Comment: So did Georgia State not seek copyright permission from the
> publishers? If so, why not? Does Georgia State have a policy for such
> reuse requests of electronic materials?
> Remeber what Schroder said: "Even though technology changes, the law
> doesn't."
> Ask permission and you (most likely) will receive.
>
>
>
>
> On Fri, 18 Apr 2008 00:16:49 PDT, "Law Library mailing list"
> <law-lib@ucdavis.edu> said:
>
>> LAW-LIB Digest 4044
>>
>> Topics covered in this issue include:
>>
>> 1)
>> by "David P. Dillard" <jwne@temple.edu>
>> 2) Books for Postage
>> by Shelley Gravel <SGravel@crrl.org>
>> 3) A Law Librarian Blog Milestone
>> by "Jones, Ronald \(jonesre\)" <JONESRE@ucmail.uc.edu>
>> 4) Available for Postage
>> by "Von Behren, Megan" <Megan.VonBehren@friedfrank.com>
>> 5) For law firms with oil lawyers
>> by "Yared, Michael A \"Mike\"" <myared@ida.org>
>> 6) Criminal Background search question
>> by "Kaskey, Sid" <SKaskey@ssd.com>
>> 7) What Does KM Look Like At Your Firm?
>> by "Ellen Callinan" <ellen.callinan@gmail.com>
>> 8) BOOK PROPOSAL BY MASSACHUSETTS GOVERNOR
>> by "Hill, Byron C." <BHill@bowditch.com>
>> 9) job posting at the U.S. Department of Justice
>> by "Oberla, Janet L" <Janet.L.Oberla@usdoj.gov>
>> 10) Federal Arbitration Law
>> by "Patsy A. Bourke" <PBourke@MiddReut.com>
>>
>
>
-- Bryan M. Carson, J.D., M.I.L.S. Associate Professor/Coordinator of Reference & Instructional Services Western Kentucky University Libraries Author, "The Law of Libraries and Archives" (Scarecrow Press) Ed.D Student, Higher Ed. Leadership & Policy, Vanderbilt University1906 College Heights Blvd. #11067 Bowling Green, Kentucky 42101-1067 Phone: 270-745-5007; Fax: 270-745-2275 bryan.carson@wku.edu
All original content copyright 2007 Bryan M. Carson
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