Re: Copyright question

[Bryan Carson <bryan.m.carson@xxxxxxxxx>]

Charles is correct that linking is not a problem in the U.S., except
for some situations with deep linking or framing.

Bryan

On 3/31/11, Charles P. Wiggins <cpwiggins@xxxxxxxxxxxxxx> wrote:
> Ms. Barrera,
>
> I browsed the site that you gave as an example and I cannot find any
> examples
> that I believe would constitute a violation of copyright on ACEF's part.
> All
> of the resources I looked at were either hosted on other sites (which
> presumably have permission to republish) or were produced by ACEF. So far,
> from everything I have read, the courts have rarely considered linking to
> material on another site, in and of itself, a violation of copyright. The
> few
> cases where the courts did consider it a violation involved "deep linking"
> on
> commercial sites to bypass advertising, etc.  That does not seem to be the
> case here.
>
> However, if we were to assume that the site was, in fact, hosting the
> material
> in question, I do not believe that Fair Use or any other exception to
> copyright would apply. If they are posting works in their entirety for
> indefinite periods of time, they need permission. I'm not an expert on
> copyright, but I do know that much.
>
> Cheers,
> Charles
>
>
> Charles P. Wiggins
> Director of Library Services
> Isothermal Community College
> P.O. Box 804
> Spindale, NC 28160
> 828-286-3636 ext. 216
>
> cpwiggins@xxxxxxxxxxxxxx
>
>
>
> E-mail correspondence to and from this sender may be subject to the North
> Carolina Public Records law and may be disclosed to third parties.
>
>>>> "Barrera, Ms. Jennifer" <BARRERA@xxxxxxxxxxxx> 3/30/2011 3:27 PM >>>
> Does an educational clearinghouse, http://www.acefacilities.org/ have any
> fair
> use or other avenues when wanting to post materials online, open to the
> public
> for an indefinite amount of time? My thinking is that they need to obtain
> copyright permission to post on the open web.
> What if it is research-based materials?
>
> Advice??
>
> Jennifer Barrera
> Access Services Librarian
> Dick Smith Library
> Tarleton State University
> Stephenville, TX 76402
> (254)968-9248
>
>

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-- 
Bryan M. Carson, J.D., M.I.L.S., Ed.D.
Special Assistant to the Dean for Grants & Projects/
Coordinator of Reference & Instructional Services
Western Kentucky University Libraries
Author, "The Law of Libraries and Archives" (Scarecrow Press)

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