RE: What if the students don't buy the book? Copyright question

["Ingrassia, Barbara" <Barbara.Ingrassia@xxxxxxxxxxxx>]

In my discussions with our major publishers, I have learned that the key word
is ADOPTED.  If the faculty person registers with the publisher of a text that
it has been officially ADOPTED (and the bookstore stocks some copies), then
the publisher generally will provide access to "electronic learning
materials."  Those usually include access to an e-version of the text, and the
images can be used.  "Recommended," "Optional," "Supplemental," "For further
study" usually won't qualify.

We have posted publisher "policies" and contact info on our Copyright
Resources LibGuide.

Often the student version of the textbook includes a unique passcode which the
purchasing student can use to access the e-version, but the "terms and
conditions of use" are very strict.

It is best to check the publisher's website/regional rep for the policies for
a particular text. They are subject to change in this digital age.

Has anyone else had experience with this?

Barb


NOTE: This should not be construed as legal advice.
For legal advice, please consult your attorney.


Barbara C. Ingrassia, MLS, AHIP
Head, Copyright and Licensing
The Lamar Soutter Library
University of Massachusetts Medical School
55 Lake Avenue N.
Worcester, MA 01655

508-856-1041 (phone)
508-856-5039 (fax)

Barbara.ingrassia@xxxxxxxxxxxx

http://library.umassmed.edu

The Lamar Soutter Library: Leader in Service and Learning




.-----Original Message-----
From: Elizabeth J. Pyatt [mailto:ejp10@xxxxxxx]
Sent: Thursday, January 12, 2012 11:28 AM
To: cporter@xxxxxxxx; digital-copyright@xxxxxxxxxxxxxx
Subject: Re: What if the students don't buy the book? Copyright question

Fair Use provides the most latitude for projecting images within a classroom,
but can be tricky when PowerPoint files are posted online for students to
download (at which point the TEACH Act may be a factor).

One issue I haven't seen mentioned is that a publisher may be licensing their
images for other sources, so they may have liabilities on their side. That's
why the situation could be ambiguous.

Some things that can help clarify licensing:
* Does the publisher provide a media CD or slides with their materials? These
are generally OK to work with.
* Is licensing information available from the publisher?
* Can an alternate image with Creative Type or public domain licenses be
found? Good sources are Wikipedia and U.S. federal agencies.
* Is the PowerPoint only available to students enrolled in the course (TEACH
Act again)

Hope this helps

Elizabeth


On Jan 12, 2012, at 11:00 AM, digital-copyright-digest-help@xxxxxxxxxxxxxx
wrote:

> Date: Tue, 10 Jan 2012 17:22:31 -0700
> To: digital-copyright <digital-copyright@xxxxxxxxxxxxxx>
> From: Cynthia Porter <cporter@xxxxxxxx>
> Subject: What if the students don't buy the book? Copyright question
> Message-ID:
<CAJKntB0BAm=khKeOnh7V2iqW-4KjD=rUMoobumknXhbF8bbjMw@xxxxxxxxxxxxxx>
>
> In discussing Fair Use with faculty, I told them that copying images for a
> classroom presentation from a required textbook was permissible because
> there was no significant effect on the market.  The publisher was still
> profiting, since the students bought the book anyway.  One professor posed
> the question, *What if the students don't buy the book?*  He has witnessed
> many students who print out the Power Point slides and use those to study.
> Is that something we have to worry about?
>
> His question reminded me of some text I found in the Copyright Clearance
> Center's web page, "The library must have no reason to believe that the
> reproduction will be used for purposes other than private study,
> scholarship and research" (from
>
http://www.copyright.com/Services/copyrightoncampus/basics/fairuse_archive.ht
ml).
> I think that the faculty automatically assumes that the students are going
> to abuse the resources, so they prevent access.  Then the students complain
> because they don't have study materials.  It is impossible to make both
> sides happy. ;)
>
> Thank you for your time.
>
> Cynthia
>
> --
> Cynthia Porter
> cporter@xxxxxxxx
> Distance Support Librarian
> A.T. Still Memorial Library, Arizona
> A.T. Still University
> 5850 E. Still Circle
> Mesa, AZ 85206
> Phone: (480) 219-6192 or
> (866) 626-2878 x6192
> Fax: (480) 219-6100

=-=-=-=-=-=-=-=-=-=-=-=-=
Elizabeth J. Pyatt, Ph.D.
Instructional Designer
Education Technology Services, TLT/ITS
Penn State University
ejp10@xxxxxxx, (814) 865-0805 or (814) 865-2030 (Main Office)

210 Rider Building  (formerly Rider II)
227 W. Beaver Avenue
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