RE: E-Reserves question

["Croft, Janet B." <jbcroft@xxxxxx>]

I think if we were to be honest among ourselves we'd also find a lot of "don't
ask don't tell" going on. We don't keep records of every single item that has
ever been on reserve before here, so we don't KNOW for sure if this is the
first use or not.

"First use is fair use" is a bit simplistic. The way I understand it is that
if you have a first use that is a fair use, go ahead. If you have a question
about it, you can put it on reserve until you have resolved the question with
the rights holder -- but you have to take it down immediately if they refuse
permission or you can't pay.

Janet Brennan Croft
Associate Professor
Head of Access Services
University of Oklahoma Libraries
Bizzell 104NW
Norman OK 73019
405-325-1918
Fax 405-325-7618
jbcroft@xxxxxx
http://ou.academia.edu/JanetCroft/CurriculumVitae
http://libraries.ou.edu/
Editor of Mythlore http://www.mythsoc.org/mythlore.html
Book Review Editor of Oklahoma Librarian
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"Humans need fantasy to be human. To be the place where the rising ape meets
the falling angel." -Terry Pratchett


-----Original Message-----
From: Kevin Smith [mailto:kevin.l.smith@xxxxxxxx]
Sent: Friday, September 02, 2011 1:05 PM
To: Sandy Thatcher; ESperr@xxxxxxx; digital-copyright@xxxxxxxxxxxxxx
Subject: RE: E-Reserves question

Sandy,

Can you provide a citation where the results of that survey are available?
Ten years is a long time, of course, but I would be interested not only in
what libraries say about the impact of the CONFU guidelines but also about
their actual implementation of them.  For example, the guidelines say that
permission should be sought if the same material is reused in a subsequent
semester, and I know that many schools say they implement that principle.  But
I have also heard lots of theories about what "subsequent" means and whether
or not fair use "re-sets" after some period of non-use.  I am also highly
skeptical, based on anecdotal evidence only, that schools serious implement
the point you are discussing about the amount of a class's total assigned
reading that is placed on reserve.  To know that would require interrogating
faculty, and I bet most e-reserve staff members are unwilling to do that.

Kevin L. Smith, M.L.S., J.D.
Director of Scholarly Communications
Duke University, Perkins Library
P.O. Box 90193
Durham, NC 27708
919-668-4451
kevin.l.smith@xxxxxxxx


-----Original Message-----
From: Sandy Thatcher [mailto:sandy.thatcher@xxxxxxxxxxxxxxxxxxxx]
Sent: Friday, September 02, 2011 12:41 PM
To: ESperr@xxxxxxx; digital-copyright@xxxxxxxxxxxxxx
Subject: Re: E-Reserves question

Interesting that you should mention CONFU's e-reserve guidelines.
Yours is not the only library whose policy has been influenced by them. In
fact, in a survey I helped conduct some ten years ago, it became clear that
the CONFU standard, though never officially endorsed by CONFU itself, has
become a de facto standard throughout the country.

The CONFU guidelines were drafted by Kenny Crews (who was an expert witness in
the GSU case). I was the primary representative for the AAUP in negotiating
language that would allow the AAUP to endorse the guidelines, and the language
of point 4 you quote was something that I recommended as key to making it
possible for the AAUP to support the guidelines. The guidelines were endorsed
not only by the AAUP but by a number of other groups including the ACLS and
several smaller library associations, but not the ARL or ALA. They, like the
AAP, felt they could succeed in lobbying Congress to pass legislation more
favorable to their interests. That, of course, did not happen. A major
opportunity was lost, in my opinion, but I was pleased that many libraries
endorsed the guidelines in de facto fashion anyway.

Sandy Thatcher



At 11:43 AM -0400 9/2/11, ESperr@xxxxxxx wrote:
>Perhaps the CONFU "Fair use guidelines for electronic reserves systems"
>(http://copyright.lib.utexas.edu/rsrvguid.html) might be of some
>assistance? I certainly hope so, as our own campus policy has been
>informed by them. All the caveats noted for CONTU, etc. about this not
>being "the law" still apply of course.
>
>Under "scope", we see point 3: "Electronic reserve systems should not
>include any material unless the instructor, the library, or another
>unit of the educational institution possesses a lawfully obtained
>copy." This would seem to indicate that ILL is a-ok.
>
>However, I *might* be a little worried about point 4: "The total amount
>of material included in electronic reserve systems for a specific
>course as a matter of fair use should be a small proportion of the
>total assigned reading for a particular course." Depending on the total
>reading assigned, eleven articles seems to shade close to coursepack
>territory -- a place where factor four might loom larger...
>
>
>    >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
>
>
>Ed Sperr, M.L.I.S.
>Copyright and Electronic Resources Officer St. George's University
>esperr@xxxxxxx
>
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