RE: Do You Require Proof of Copyright for E-reserves?

["John T. Mitchell" <John@xxxxxxxxxxxxxxxxxx>]

With all due respect, "proof of permission" is somewhat of an oxymoron
when it comes to most lawful uses under copyright law.  The whole point
of the provisions in Sections 107-121 and 1008 of the Copyright Act (and
particularly Section 107 - fair use applicable to e-reserves) is that
you don't need permission.  Aso, you don't need permission for anything
not covered in Section 106-106A (like permission to read).

Concerns over whether materials left up too long might cause problems
could be addressed the way Duke does ("In consideration of copyright
guidelines, items not in use during a particular semester will be taken
off  reserve."  See
http://www.lib.duke.edu/access/reserves/placing.htm.)  That merely
places the burden on the faculty to renew a request each semester during
which they will b used.  But whatever you do, I suggest weighing
carefully the chill on teaching quality and freedom that might be caused
by placing some burden of "proof" on faculty ro show that they have
"permission".  Permission from the copyright holder is not required to
make fair use (so requiring permission would defeat the purpose of
Section 107), and permission from the government can be found in the
Copyright Act itself (so requiring proof of permission would be like
requiring them to give a legal opinion, which even law school faculty
might be loathe to do).

Just my humble opinion - and sorry I didn't really answer your question.
I'm not even a faculty member and I'm giving you static!

John

______________________________
John T. Mitchell
John@xxxxxxxxxxxxxxxxxx
http://interactionlaw.com
202-415-9213


-----Original Message-----
From: Rosalind Tedford [mailto:tedforrl@xxxxxxx] 
Sent: Friday, January 31, 2003 11:57 AM
To: digital-copyright@xxxxxxxxxxxxxx; CCUMC
Subject: Do You Require Proof of Copyright for E-reserves?


We are looking at whether to have faculty sign a form stating they have 
copyright permission for items on e-reserves used for more than one 
semester or whether to require them to show proof they have this 
permission.

I'd like to hear from schools who require the proof and know who secures

this proof, what forms you accept (email, letter, etc) and what, if any,

static you have had from faculty.

Thanks!

Roz

-- 
_______________________________
"Stupidity killed the cat, curiosity was framed."

Rosalind Tedford
Information Technology Center Manager
Wake Forest University
Phone: 336-758-5910   
FAX: 336-758-8831
tedforrl@xxxxxxx (AIM:roztee68)
http://www.wfu.edu/~tedforrl

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