RE: digital-copyright Digest 3 Sep 2004 15:00:00 -0000 Issue 416

["Harper, Georgia" <GHARPER@xxxxxxxxxxxx>]

Edward Barrow wrote to Valerie Lang, regarding a response Valerie had
received from a third party that referenced the Univ. of Texas System
information about electronic reserves. That information suggested that
ereserves should be accessible to students registered for a class and
faculty and administrators involved in the class. Edward's response
suggested that such restrictions were unnecessary in licensed ereserves.
I agree entirely. The referenced material from the UT System site is
about "fair use" reserves. When we license materials from vendors, we
try always to negotiate campus-wide access. As a result, anyone can
access the materials. Either they can be instructed to access the
materials at the library (available online of course) or the materials
can be placed inside the course software, but if they are so placed (ie,
not a link to them on the database, but a copy placed within the
courseware platform), they would likely be available only to that class
from that location. But this in no way limits the access of the whole
rest of the school to the materials for which the library has already
paid.

Georgia Harper
Univ. of Tx. System
Office of General Counsel
gharper@xxxxxxxxxxxx
512/499-4462





Date: Fri, 3 Sep 2004 08:20:38 +0100
To: digital-copyright@xxxxxxxxxxxxxx
From: Edward Barrow <edward@xxxxxxxxxxxxx>
Subject: Re: FW: digital-copyright Digest 2 Sep 2004 15:00:00 -0000
  Issue 415
Message-Id: <200409030820.38685.edward@xxxxxxxxxxxxx>

On Thursday 2 September 2004 19:42, Alice Ruleman wrote:
> In response to  Valerie Lang's question:
>
> We have a policy, instituted by our IT Dept., whereby faculty who post
> course material on electronic reserve are unable to view the material
they
> post online.  In addition, our Instructional Media Center
administrators,
> who actually post the materials, are also prohibited from online
access.
>
> Valerie,
>
> The information below is from Univ. of Texas copyright site on
e-reserves.
> Number 1 is especially pertinent to your question.  It gives access to
> students, faculty & IT staff.
>
>  ACCESS AND USE
> (http://www.utsystem.edu/OGC/IntellectualProperty/rsrvguid.htm)
> 1. Electronic reserve systems should be structured to limit access to
> students registered in the course for which the items have been placed
on
> reserve, and to instructors and staff responsible for the course or
the
> electronic system.

When developing licensing schemes for this type of use in the UK, we
were
anxious NOT to impose such a restriction on universities.  It seems to
me
that should a student wish to access material recommended for another
course,
it runs entirely counter to the spirit of a university education -
broadening
the mind etc - to prevent such access.  In practice, of course, it's
hard
enough to get the students who ARE registered actually to read the
material!
Technical restrictions like this are possible but the risks (to
rightsholders)
that they address are minimal.  We found that rightsholders initially
favoured the imposition of registered-student-only restrictions but
mostly,
after some reflection, accepted that on balance they achieve little.

Instead, we suggested that licensed e-resources should be accessible by
all
faculty and students of a university, with the fee metric (where
applicable)
based on the number of students for whom the material is required or
recommended reading.

--
Edward Barrow
Copyright Consultant
edward@xxxxxxxxxxxxx
***Important: see http://www.copyweb.co.uk/email/ for important
information
about the legal status of this email

------------------------------

Date: Fri, 03 Sep 2004 08:48:16 -0400
To: "digital-copyright@xxxxxxxxxxxxxx"
  <digital-copyright@xxxxxxxxxxxxxx>
From: "Olga Francois" <ofrancois@xxxxxxxx>
Subject: In The News
Message-ID: <41386810.2BABEBC8@xxxxxxxx>

--------------------------------------------------------------------

Copyright Office pitches anti-P2P bill
By Declan McCullagh, CNET News.com, September 2, 2004
http://news.com.com/Copyright+Office+pitches+anti-P2P+bill/2100-1027_3-5
345528.html

"update A hotly contested wrangle in Congress over how to outlaw
file-swapping networks just took a new twist. The U.S. Copyright Office
has drafted a new version of the Induce Act that it believes will ban
networks like Kazaa and Morpheus while not putting hardware such as
portable hard drives and MP3 players on the wrong side of the law."
---END

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End of digital-copyright Digest
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