RE: E-Reserves question

Subject: RE: E-Reserves question
From: Sandy Thatcher <sandy.thatcher@xxxxxxxxxxxxxxxxxxxx>
Date: Tue, 6 Sep 2011 09:24:44 -0500
You failed to answer two of my questions, Kevin: why university presses (and why emphasize small university presses) when so many monographs are also published by commercial academic presses like Palgrave, Taylor & Francis, etc.; and why should the library be burdened with paying for a license that covers university-wide copying?

I'll make two points in response to your last paragraph: 1) as a member of the advisory board of Project Muse, I long advocated adding books to the journals database, and the decision to do so was made during my final year on that board; 2) I am one of the most outspoken advocates of open access in university press publishing, to the point where I have taken a minority position within AAUP itself on certain controversial issues surrounding OA. So, it's not as though i haven't been working long and hard over many years for change in the way the system of scholarly communication operates.

Sandy Thatcher


At 1:26 PM +0000 9/6/11, Kevin Smith wrote:
You are free to question the priorities of universities, but it is a luxury that does not change the realities we have to deal with in libraries.

The reason university presses would be hardest hit by a reallocation of monies for a blanket license is because so much of our money is tied up in big deals, where we have limited negotiation room. It is very hard to simply cancel an entire "big deal" because, although much of what would be lost are low-use journals, they are inevitably bundled with very high-use, top-tier items. Lots of people would have their work impaired if those items are lost. With small academic presses, unfortunately, we have more flexibility, and the losses are not felt as broadly. That does not mean we want to cut university press monographs, or that we believe it is good for scholarship. It is only that in a world with few options, this is one that is still open to us, if we are forced to move that way.

Instead of spending your time lobbying librarians about how to spend the collections budget, everyone, including small academic presses, would be better served if you worked with fellow publishers to introduce more flexibility into bundled packages. We didn't create the situation in which small academic presses are so at risk, and attempts to force a blanket permissions license on us only makes it worse.

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: Tuesday, September 06, 2011 9:08 AM To: Kevin Smith; Peter B. Hirtle; digital-copyright@xxxxxxxxxxxxxx Cc: digital-copyright@xxxxxxxxxxxxxx Subject: RE: E-Reserves question

Let me reply in this way. I'm not questioning whether librarians are faced with hard decisions, but I am questioning the overall priorities of universities that allocate more to assistant football coaches than to academics. (Yes, i do think coaches' salaries are out of control. If you knew how much I've written about intercollegiate athletic reform, you would not have raised that question.) That is not anything librarians can change, of course. But I do question why libraries should be burdened with the responsibility for paying for a license that covers the entire university--administrative copying, copying for coursepacks, etc.--when only e-reserves are the direct responsibility of libraries. I'll bet that at some universities this expense is taken from a more general administrative budget and not imposed on the library solely, or ;perhaps covered by a student fee.
Am I wrong about that? I needled Peter about university presses because he specifically mentioned university presses as the target for cutting, whereas we all know that monographs are published by a lot of commercial publishers also. So, I wondered, why target university presses for cutting?


Sandy Thatcher


At 12:06 PM +0000 9/6/11, Kevin Smith wrote:
What seems most remarkable about this diatribe is that you, Sandy, do
not seem to feel that the salary of an assistant football coach is
exorbitant.

Seriously, what is really immature is the facile assumption that
librarians are in a position to decide between buying monographs and
>hiring another football coach. Just to be clear, we are not in a
position to supplement our collections allocations from the athletic
budget.  Even the people who usually give us those allocations, the
chief academic officers, are not able to make that call.  They too have
to live within the budget priorities set by Boards of Trustees.
You can complain all you like about those priorities, but please do not
accuse us of immaturity for trying to make responsible decisions with
the money entrusted to us.

Peter is absolutely right.  If we are forced to purchase an annual
blanket license, there is no place for that money to come from except
our collection budgets.  I have several times been part of specific
discussions on this point, and have always been convinced that as it
now stands the annual license is too much money for too little
coverage, and its cost would seriously impair our ability to buy other
materials.  It is not that we want to "punish" university presses, but
they are one of the few sets of vendors with whom we can adjust
incremental expenses.  You have to get over yourself and look at the
wider world we inhabit, where choices like this are not optional.

So-called "big deals" have many problems, but they provide a large
amount of access to our users, and that is our bottom line.  In fact,
the annual license would function a lot like another big deal
-- it would be a substantial drain on our resources and a price we
could not control over time -- yet it would not provide us any access
to new materials.  Instead, it would inevitably elbow out some
purchases of new scholarship.

You posed a rhetorical question about priorities -- football over
scholarship.  I want to ask you a question that is not at all
rhetorical, but one librarians face all the time.  Would you, as the
former director of a university press, prefer that we buy an annual
campus license even if it means not buying new monographs that you
publish?  Do you really believe that is the best outcome for
scholarship?

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: Monday, September 05, 2011 8:34 PM
To: Peter B. Hirtle; digital-copyright@xxxxxxxxxxxxxx
Cc: digital-copyright@xxxxxxxxxxxxxx
Subject: RE: E-Reserves question

I am curious to know what you consider "exorbitant." The blanket
license that the CCC offers would cost most universities in Div. 1 less
than the annual salary of an assistant football coach.  Do universities
consider football more important than providing course materials?
(Don't answer that question!)

One can't reduce expenditures on the big deals?  What is sacred about
big deals? Already they have been discontinued at a number of
universities.

So, an adverse decision in the GSU case will lead librarians to take
revenge on university presses by cancelling monograph purchases?
That's certainly a mature attitude.


At 11:50 AM -0400 9/5/11, Peter B. Hirtle wrote:
As Sandy well knows, there have been no court decisions regarding
reserves either before or after the 1976 Act, so it would be difficult
to conclude what constitutes "fair use" or even what the consensus
regarding fair use may have been. The Georgia State case will provide
some guidance on the matter. Until then, it would be dangerous to
assume that court decisions based on commercial use of material or
taking place in a commercial setting apply to educational
institutions. The ALA statement on ereserves that I cited in my
message is the best current guidance libraries have on fair use in a reserves setting.
>>
On the GSU case, I am optimistic that the court will follow the plain
letter of the law.  A decision that encouraged libraries to pay
exorbitant permission fees to the CCC would be disastrous for most
academic publishing.  In many universities, permission fees would come
>>from the acquisition budget. Since one can't reduce expenditures on
the "big deals," that money would come from the money spent for
monographics.  At Cornell, we narrowly avoided dropping a third of the
university presses from our approval plan last year; a decision in
favor of the AAP and CCC would most certainly mean that we would no
longer acquire titles from those publishers.

Peter Hirtle



--
Sanford G. Thatcher
8201 Edgewater Drive
Frisco, TX  75034-5514
e-mail: sandy.thatcher@xxxxxxxxxxxxxxxxxxxx
Phone: (214) 705-1939
Facebook: http://www.facebook.com/sanford.thatcher

"If a book is worth reading, it is worth buying."-John Ruskin (1865)

"The reason why so few good books are written is that so few people who can write know anything."-Walter Bagehot (1853)


--
Sanford G. Thatcher
8201 Edgewater Drive
Frisco, TX  75034-5514
e-mail: sandy.thatcher@xxxxxxxxxxxxxxxxxxxx
Phone: (214) 705-1939
Facebook: http://www.facebook.com/sanford.thatcher

"If a book is worth reading, it is worth buying."-John Ruskin (1865)

"The reason why so few good books are written is that so few people who can write know anything."-Walter Bagehot (1853)

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