RE: E-Reserves question

["Peter B. Hirtle" <pbh6@xxxxxxxxxxx>]

On the issue of whether a whether a use is a first use or a subsequent use in
the fair use analysis, I would direct Sandy to the position statement by
Georgia Harper and Peggy Hoon on e-reserves found at
http://www.ala.org/ala/issuesadvocacy/copyright/fairuse/fairuseandelectronicr
eserves/index.cfm.  It makes no mention of subsequent use of the same item as
part of the fair use analysis.  This makes sense, since there is also no
mention of first or subsequent use in the statute, which simply states that
copies made for use in the classroom are normally not an infringement of
copyright.

We all believe that it is legal for a faculty member to assign a chapter or
article as part of the requirements of a course.  And I think most people
(other than publishers) believe that it should be legal for the student to
make a personal copy of an assigned article or chapter, provided that the
copying does not substitute for the purchase of the book or journal.  Since
there are different students in the course every semester, the fair use clock
naturally should reset for new students at the start of each term.

Peter Hirtle