Re: "stored in a retrieval system"

["Charles P. Wiggins" <cpwiggins@xxxxxxxxxxxxxx>]

Rebecca,

It is unclear to me from your question if we are discussing an original copy
or photocopy/printout of the material. For sake of the discussion I am
assuming that if it were photocopied you would have mentioned that, given the
explicit nature of the notice. To answer you question directly, I agree with
the others that the notice is very badly worded without consideration to
copyright law or Fair Use.  From the wording I infer that the publisher is
referring to electronic storage and retrieval.

The notice notwithstanding, under the long upheld First Sale Doctrine you may
put legally acquired original copies of copyrighted material on Reserve in the
library.  In other words, if it is a book, or periodical, or DVD, etc. that
was legally purchased or donated you may place that material on Reserve. Any
use that involves copying or electronic distribution needs to be evaluated in
relation to Fair Use, DMCA, & TEACH Act provisions of copyright law.  The only
exception I can think of is a software package that is designed to be
installed on a computer system, like MS Office. Software that does not
install, but simply runs on a system like a movie on a DVD or an XBOX game,
can be loaned.  I find it easiest to think of things that I can normally
borrow from a library or rent from Blockbuster, NetFlix, etc.

Further, if the educational institution can meet all of the provisions of the
TEACH Act, the material can be duplicated digitally and stored for retrieval
for use as part of a regular online class meeting regardless of what the
notice says:
http://copyright.columbia.edu/copyright/files/2010/08/checklist-for-teach-act
-and-distance-education.pdf

All that said, permission is always best.

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
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>>> "Funke, Rebecca S." <rsfunke@xxxxxxxxx> 4/12/2011 5:44 PM >>>
Good afternoon,
I have a question about this phrase.  It is a phrase I haven't seen before
but
when I google it, I see lots of folks are using it.  I'm just not sure
exactly
what it means or is referring to.  Is it referring to electronic retrieval
only?  The document I have is paper and reads as follows:

No Part of this publication may be reproduced, stored in a retrieval system,
or transmitted in any form or by any means, electronic, mechanical,
photocopying, records, or otherwise, without the prior written permission of
the publisher.

A faculty member has requested this be placed on reserve (paper) but I'm
curious as to the extent of the meaning of 'retrieval system'.

Thoughts?


Rebecca Funke
Director of Library Resources
Des Moines Area Community College
2006 S. Ankeny Blvd.
Ankeny, IA 50023
515.964.6328
rsfunke@xxxxxxxxx<mailto:rsfunke@xxxxxxxxx>

"What a school thinks about its library is a measure of what it thinks about
education."
~ Harold Howe, former U.S. Commissioner of Education