Question re: Harvard Business Review Articles

["Gary Hunter" <Gary.Hunter@xxxxxxxxxxxx>]

To All,

Look to the scope of permission that was in the license granted to the library
database.  What permissions have been granted regarding use of the copyrighted
works?   If there is language that is on point, it should resolve the issue.
If the language is ambiguous, then it becomes a contract interpretation
issue....Gary


Gary B Hunter
System Director for Intellectual Property
Minnesota State Colleges and Universities System
Wells Fargo Place
30 7th St. E., Suite 350
St. Paul, MN 55101
Phone: (651) 297-3696
Fax : (651)-649-5749
Email: gary.hunter@xxxxxxxxxxxx


>>> "Rosemary Hartigan" <RHartigan@xxxxxxxx> 8/11/2009 10:06 AM >>>
Hi Everyone,

Our school has Harvard Business Review in several of our library databases.

This semester we were told that we could not include Harvard Business Review
articles in our syllabi unless we had the students purchase the articles.  We
include other articles from journals in our databases, and students download
the articles from the library.  But now, we are prohibited from this practice
with HBR articles.

My understanding is that Harvard Business School Publishing's position is
that
our license for HBR is for research only and not for assignments.

So students may read HBR articles from the library if they find them in the
course of research, but we may not guide them to the articles via
assignments.
It's fine if they stumble upon them, but we can't recommend an article.  I
don't know if I can post a paper with HBR references.

My response to this is not to assign any HBR articles, but this seems like a
very heavy-handed infringement on academic freedom.

Has anyone else experienced this prohibition?  I'd be interested in learning
about your views, particularly if anyone has some related research into the
question.

Thanks.



Rosemary Hartigan, J.D., M.A.
Professor and Director, Business and Executive Programs
Graduate School of Management and Technology
University of Maryland University College