Re: Publisher restriction on linking?

["Harper, Georgia K" <gharper@xxxxxxxxxxxxxxxxx>]

Lori:

You asked, "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.

Answers: Yes. Yes.

Comment: You've stumbled upon the famous Harvard Business Review exception to
everything. Contracts that are negotiated, which your institutional
subscription to EBSCO was (by someone), allow the parties to agree to just
about anything they want to, short of ax murdering (i.e., crimes and
misdemeanors, civil wrongs, etc.). So there you have it. HBR wants separate
permissions licenses (or a heftier share of the EBSCO dinero) for the uses
that everyone expects they are paying for when they subscribe to EBSCO, so be
it. Sign here (again, which someone at your institution did).

Outside reading - Harvard's explanation that fails to address the basic
question, "why do you think your stuff is worth so much more than everyone
else's:"
http://www.google.com/url?sa=t&source=web&ct=res&cd=2&url=http%3A%2F%2Fwww.ca
ul.edu.au%2Fdatasets%2Fhbr2008course-use.pdf&ei=06M5SeCjKIyG8gSvyLzoBg&usg=AF
QjCNG07SMjR2zJbtgtn-yvJ4j4cvY18Q&sig2=R9dps-NZjzjaAq0j8INM8A

I suppose the answer is, "well, it is worth more if people will pay more,
right?" Right.

To learn more about how and under what circumstances licenses trump copyright
rights and privileges, well, that's a huge topic. Google 'relationship
contract law copyright' for starters. Several good links on the first page,
enough to get you going.

G




On 12/5/08 3:00 PM, "Jack Boeve" <JBoeve@xxxxxxxx> wrote:

***[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




--
Georgia Harper
Scholarly Communications Advisor
University of Texas at Austin Libraries
512.495.4653 (w); 512.971.4325 (cell)
gharper@xxxxxxxxxxxxxxxxx