Re: E-Reserves question

[Chris Holobar <jch4@xxxxxxx>]

Scott, the "rule of five" was suggested by the CONTU guidelines in the 
1970s and has become standard practice in many institutions, but it's 
not law.  At any rate, your ILL dept. is probably keeping track of 
that.  If you're conducting a fair use analysis, then the fact that 
these articles were obtained through ILL probably doesn't matter all 
that much, and it certainly isn't determinative.  That your faculty 
member or institution didn't purchase the work(s) may weigh, slightly, 
against a finding of fair use based on factor four (effect on the market 
for the works), but if the articles meet reasonable tests for the other 
factors (nature of the use, nature of the works, amount of the works), 
then they may well fall within fair use.

Chris

On 8/31/2011 12:57 PM, Laroi Lawton 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

--

"I wouldn't want to live without strong misgivings." - John Yossarian

Chris Holobar
102 Pattee
Penn State University
814-865-1886
jch4@xxxxxxx