RE: Publisher restriction on linking?

["Croft, Janet B." <jbcroft@xxxxxx>]

First of all, no matter where the professor puts the link, it is only going to
work if the student can legitimately sign in to the database. I don't see how
they could possibly be concerned about unauthorized access from a link.

Second,  I don't see how they could legitimately deny a link to the material.
Putting the link on a course website is basically equivalent to the professor
emailing each student the link individually, and there's no reason he couldn't
do that. If he really wants to stay within the broad interpretation of the
contract, there's the way to get around it. (And look more closely at the
wording -- it says "this work," not a link to the work, so this may all be
moot anyway.)

But it's a nasty bit of double-dipping to charge the school access to the
database AND try to charge for using individual items on reserve on top of
that.

Janet Brennan Croft
Associate Professor
Head of Access Services
University of Oklahoma Libraries
Bizzell 104NW
Norman OK 73019
405-325-1918
Fax 405-325-7618
jbcroft@xxxxxx
http://faculty-staff.ou.edu/C/Janet.B.Croft-1/
http://libraries.ou.edu/
Editor of Mythlore http://www.mythsoc.org/mythlore.html
Editor of Oklahoma Librarian
http://www.oklibs.org/oklibrarian/current/index.html
"Humans need fantasy to be human. To be the place where the rising ape meets
the falling angel." -Terry Pratchett

-----Original Message-----
From: Jack Boeve [mailto:JBoeve@xxxxxxxx]
Sent: Friday, December 05, 2008 3:01 PM
To: digital-copyright@xxxxxxxxxxxxxx
Subject: Publisher restriction on linking?

***[Submitted on behalf of Lori Northrup, Samford University Library.
Please submit replies directly to the list at
digital-copyright@xxxxxxxxxxxxxxx]***

A professor would like to provide persistent links to Harvard Business
School Publishing's content inside EBSCO's Business Source Premier.
Full-text content from HBSP inside the database has this note appended:

"Harvard Business Review and Harvard Business School Publishing content
on EBSCOhost is licensed for the individual use of authorized EBSCOhost
patrons at this institution and is not intended for use as assigned
course material. Harvard Business School Publishing is pleased to grant
permission to make this work available through "electronic reserves" or
other means of digital access or transmission to students enrolled in a
course. For rates and authorization regarding such course usage, contact
permissions@xxxxxxxxxxxxxxxx (Copyright applies to all Abstracts)"

This is my first encounter with a restriction on linking.  Does this
licensing agreement just side-step copyright law and guidelines?  Can
publishers really stop educational fair use in this way?  I'd be very
interested in outside reading on this topic, links to blogs, etc., and
your comments.

Thanks!

Lori A. Northrup
Reference Department Chair
Samford University Library, Rm. 225
800 Lakeshore Drive
Birmingham, AL  35229-7008
205.726.2079
205.726.2642 FAX
lanorthr@xxxxxxxxxxx