Re: Question on sharing digital document delivery materials

[Madelyn Wessel <mfw2y@xxxxxxxxxxxx>]

I agree completely with Kevin's analysis.

I would not have any problem defending as fair use, limited electronic 
dissemination of set of individual articles to a small group of faculty for 
research collaborative purposes. The icing on the cake is certainly to ask 
the professor setting up the site to inform her co-researchers that the 
articles should not be distributed outside the group. The best way to do 
that is via a clear notice on each article that is included in the collab site.

Madelyn


At 10:17 AM 3/21/2007, Kevin L Smith wrote:
> I think you are correct that scanning and posting an article is similar to
> distributing multiple photocopies, but I would point out that both
> activities may be amenable to a fair use justification.
>
> What your faculty member wants to do is really just a version of
> electronic reserves, and the fair use argument for her proposed copying is
> strengthened by the very limited distribution (only 5 faculty members) and
> the fact that it is presumably a one-time use for the duration of the
> project.
>
> Although the recent attention on transformative uses has caused us to
> forget it, multiple copies for educational uses is one of the exemplars of
> fair use; both our traditional and electronic reserves systems depend on
> it.  If the professor could put the article in an e-reserve system for use
> by 100 students, at least for one semester, why should she not post it in
> a similarly limited-access system for short-term use by five people?
>
> Kevin
>
> Kevin L. Smith
> Scholarly Communications Officer
> Perkins Library, Duke University
> PO Box 90193
> Durham, NC  27708
> 919-668-4451
> kevin.l.smith@xxxxxxxx
> http://library.duke.edu/blogs/scholcomm/

Madelyn F. Wessel, Esq.
Special Advisor to the University Librarian
Liaison to the General Counsel
Alderman Library  #540
University of Virginia
P.O. Box 400114
Charlottesville, Va. 22904-4414
434-982-2941 (phone)
434-924-1431 (FAX)