Re: E-Reserves question

[Cary Jardine <cjardine@xxxxxxxxxxx>]

I'd be curious to know where in the law the "rule of 5" exists.  And do we
know that the 11 articles in question were all from the last 5 years of the
same journal?

On our campus we no longer do e-reserves out of the library, so faculty are
responsible for posting their own course readings in our course management
system.  We do not advise for or against using materials obtained through
ILL as course readings but tell faculty they must make 'fair use' judgements
about any use of a "legally obtained" (e.g., via ILL) copy.

Cary Jardine, MLS
Research and Instruction Librarian
Antioch University New England
Keene, NH  03431
603.283.2405
cjardine@xxxxxxxxxxx


On Wed, Aug 31, 2011 at 12:57 PM, Laroi Lawton <laroi.lawton@xxxxxxxxxxxx>wrote:

> Scott:
> The law strongly recommends that I.L.L. departments follow "Rule of 5"
> guidelines. Each calendar year, an I.L.L. department is allowed to borrow a
> set number of articles from the most recent 5 years of one journal title.
> Once
> the limit is reached, articles can still be obtained from a copyright
> vendor
> for a fee.
>
> Secondly, and I am sure someone else will correct me on this First, to
> archive
> materials not held by the library without permission and/or payment of
> royalties would be a violation of copyright as it would be considered
> "systematic copying".
>
> The faculty member in your scenario want to put 11 articles obtained from
> ILL
> on E-reserves. Many campus libraries limit the amount of articles either
> owned
> or not by the library that a faculty member can put on E-Reserves as well.
> Basically The electronic copying and scanning of copyright-protected works
> for
> library reserve service are still debated and unsettled areas of the law
> which
> may be addressed by the Courts or in future revisions of the copyright law.
>
> I would check with your policy statements in this venue and work it from
> there.
>
> LaRoi Lawton
> Assistant Professor
> Library & Learning Resources
> Bronx Community College
> 2155 University Avenue
> Bronx, NY 10453
> Laroi.lawton@xxxxxxxxxxxx
> 718.289.5348; 718.289.6471(fax)
>
> -----Original Message-----
> From: scottd@xxxxxxxxxx [mailto:scottd@xxxxxxxxxx]
> Sent: Wednesday, August 31, 2011 12:25 PM
> To: digital-copyright@xxxxxxxxxxxxxx
> Subject: E-Reserves question
>
> Faculty member wants to put 11 articles obtained from ILL on E-Reserves.
> What are your thoughts on this?  Fair use or not?
> --
> David A. Scott
> Access Services Librarian
> Ferris Library for Information Technology & Education
> Office:  FLITE 140-D
> 1010 Campus Drive, Big Rapids, MI  49307-2279
> ph: (231) 591-3540 fax: (231) 591-2662 scottd@xxxxxxxxxx