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

["Laurie Urquiaga" <Urquiagal@xxxxxxxxxxxxxxx>]

John, your response is correct, assuming that e-reserve is a 'fair use.'
However, I'm not sure that that is a correct assumption.  In the latest case
on point, MDS v. Princeton (6th Cir., 1996), the majority opinion says: "As to
the proposition that it would be fair use for the students or professors to
make their own copies, the issue is by no means free from doubt."  If the fair
use character of personal copies is in question, then it is by no means clear
that library "copies" that adversely impact textbook sales would be considered
fair at all.  I believe that it is from this position that Rosalind is asking
her question.  Given that most institutions are highly risk-averse, there is
great pressure on academic librarians to make the "right" policy and
procedural decisions.

In my case, I believe that 1 semester should qualify as a fair use for
teaching, so I don't usually hold too tightly to the permission-first rule
during that time.  If a professor says s/he has permission, I ask for a copy.
If the permission is verbal, then I ask them simply to get an email
confirmation and print or send me a copy.  If they don't have permission and
they expect to continue to use the work, I use that first semester to try to
contact the publisher/author and obtain permission for future use.  I then
keep the written permissions on file in the copyright office in case we are
ever challenged.  Even if it turns out our permissions are not air-tight, I
believe our procedures will demonstrate a good faith effort to comply with the
law.

Laurie


Laureen C. Urquiaga
Associate Director for Access Services
Law School Copyright Coordinator

urquiagal@xxxxxxxxxxxxxxx




>>> "John T. Mitchell" <John@xxxxxxxxxxxxxxxxxx> 1/31/03 1:48:22 PM
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.

-----Original Message-----
From: Rosalind Tedford
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.