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

[John Mitchell <john@xxxxxxxxxxxxxxxxxx>]

It's worth noting that a lot of what passes for supplemental material
(accompanying CD, online access to materials) is carried out in a manner
calculated to make it less feasible to buy used books, share a textbook, or
buy so-called "foreign edition" cheaper copies of the same work. The major
textbook publishers have, over the last few years, spent enormous efforts on
lobbying and litigation to keep the high prices of new college textbooks free
from competition from secondary markets for used books, borrowed books, and
new books they sell for pennies on the dollar to students in less affluent
countries. Supplemental materials tied to the new book (i.e., one license per
copy) is one of about three primary tactics being used to avoid first sale
doctrine's effects on the demand for and price of new textbooks. (Two
petitions for certiorari are currently pending before the Supreme Court
involving one of the other two tactics by four major college textbook
publishers -- printing them abroad so as to argue that they are "not lawfully
made" under the U.S. Copyright Act. A third case is under submission in the
Second Circuit, which I argued this past Tuesday, and a fourth on petition for
rehearing en banc, also in the Second Circuit.)

John
____________
John T. Mitchell
Interaction Law
1629 K Street, NW, Suite 300
Washington, DC 20006
1-202-415-9213

On Jan 12, 2012, at 12:08 PM, Ingrassia, Barbara wrote:

> 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
> State College, PA   16801-4819
> http://www.personal.psu.edu/ejp10/psu
> http://tlt.psu.edu