Subject: RE: response to Dan/Univ. of Utah
Steve Stoan (sstoan@lib.drury.edu)
Date: Fri, 22 Sep 2000 08:53:49 -0500
Message-Id: <E158EEF631EED311BB390008C7F41F5DF6A2D5@lib.drury.edu> From: Steve Stoan <sstoan@lib.drury.edu> To: "'arl-ereserve@arl.org'" <arl-ereserve@arl.org> Subject: RE: response to Dan/Univ. of Utah Date: Fri, 22 Sep 2000 08:53:49 -0500
Kathleen,
I think what Dan is saying is that guidelines are not copyright law.
Copyright law consists of the statutes and cases, which nowhere have laid
out scenarios with quantitative statements of whether 250 words is fair but
270 words is not, or whether we can put an article on reserve only once or
more than once for different groups of students.
Steve Stoan
* * * * * * * * * * * * * * * * * * * * * *
Stephen K. Stoan
Director of Library and Information Services
F.W. Olin Library
Drury University
900 North Benton Ave.
Springfield, MO 65802
Phone: 417-873-7282
Fax: 417-873-7432
E-Mail: sstoan@drury.edu
* * * * * * * * * * * * * * * * * * * * * *
-----Original Message-----
From: Kathleen_Clauson@ccmail.wiu.edu
[mailto:Kathleen_Clauson@ccmail.wiu.edu]
Sent: Thursday, September 21, 2000 2:54 PM
To: Multiple recipients of list
Subject: response to Dan/Univ. of Utah
Hi Dan,
We are required to comply with copyright law and we don't want to take a
chance
that faculty will not obtain permission. We make use of the guidelines in
the
ALA "Copyright Primer for Librarians and Educators" (What do you use??)
which
allows that an item photocopied from a book, journal, or newspaper may be
used
one time, i.e. one semester, under fair use. After that, permission to
re-use
the material must be sought.
Right now, we expect the faculty to take responsibility but have found that
most
don't want to be bothered with it and some simply do not have the means to
do
it. Many copyright clearinghouses require university accounts to process
requests and faculty would not have access to this.
For e-reserves, whether or not the library owns a book or journal is not the
problem. The scanning of an article is considered to be the same usage as
making a photocopy and placing it on reserve and copyright permission must
be
obtained if the materials will be used again for reserves in any form in
subsequent semesters.
The only thing that does not violate copyright compliance is to link
articles
found in a full-text database. The link doesn't violate fair use because
one
does not scan or copy the actual document. Unfortunately, links are not
available for everything. Infotrac has the Infomark and First Search is
soon to
follow with something similar. Thus permission is again necessary.
We scan entire articles and prefer articles less than 20 pages long. We
will
not scan entire works (i.e. books or journals) because that would clearly
violate copyright law. Most library web pages include a section discussing
copyright law. Perhaps you'd like to look our web page over and read over
the
copyright guidelines. Look for the reserve section. At WIU, our web
address is
as follows: www.wiu.edu/library/units/access/copyright.htm
You're right. It is indeed a lot of work, but we are providing exceptional
service, and at the same time, complying with the law. We want to protect
our
institution against liability for infringements. It is indeed required by
law.
Thank you for your inquiry. Perhaps I was able to clear up some things for
you.
With best regards,
Kathleen Clauson
Reserve Supervisor
Western Illinois University Library
309/298-2714
kathleen_clauson@ccmail.wiu.edu
P.S. Thanks to everyone who has responded to my questions so far. I have
received some excellent information and I'm hoping for more. I will post my
findings for everyone. kc
____________________Forward Header_____________________
Subject: Re: Obtaining copyright permission
Author: arl-ereserve@arl.org
Date: 9/20/00 3:51 PM
My question for the list is why do you seek permission at all?
Are you putting things on e-reserve that you don't own? Are
you scanning entire works (or large sections of works)? If not,
then why?
It sounds like it's a lot of work, you're not providing top notch
service to your students, and it's not required by law - for the
most part.
Dan Lee
Marriott Library
University of Utah
> Everyone,
>
> I am glad that Kathleen wrote to the list. I am overwhelmed w/copyright
> clearance at the beginning of each semester. It is not fun. The faculty
> are told to get their reserves in early (august) and they bring them in
> the wk. of classes. I then have students asking for them and I am still
> waiting for permission. It is not fair to the students and I can only do
> so much.
>
> I would love to know how many of you are responsible for cc and how many
> of you let the faculty take care of it.
>
> If you let the faculty take responsibility for this, what sort of
> paperwork do they furnish to you?
>
> Please let me know. Thanks a mil! Let me get back to cc....
>
>
> --
> Nancy L. Rudick
> Circulation Supervisor
> Lucy Scribner Library
> Skidmore College
> Saratoga Springs, NY 12866
> 518.580.5508
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