[Access-ip] More on e-reserves/copyright

[Trevor A. Dawes]

Thanks to those of you who have responded.  Here's what I have so far.  If
you'd like to chare your replies, please feel free to do so.  I would love
to get more information.

 

Thanks,

Trevor 

 

1.	Do you seek permission when scanning more than (these are
approximations): 

*        We refuse to scan more than 15% of a work

*        10% or a single chapter

*        We will not scan complete books or entire journal issues, otherwise
we do not apply arbitrary percentages, nor do we (the Libraries) seek
permissions

*        We interpret fair use as up to 20%.  If a professor is using more,
we put the book on reserves

 

2.	At what point do you seek copyright permission to place an item on
e-reserve: 

*        Currently, we seek permission for next subsequent use.  First use
is Fair Use is our philosophy.  We also look to see if it is available via
subscription database and provide a direct link instead of scanning.  I
think about 20% can be satisfied that way.

*        We don't seek permission just because we're putting something on
e-reserve unless we think it exceeds fair use-repeated use isn't a factor we
consider

*        Never

*        Each use is for a new group of students, so falls under fair use

 

3.	How is security to the readings managed? 

*        [We Use a course management system].  Some instructors use it,
others do not.  Students must authenticate to use the catalog.  My best
answer here a combination of course management system and local system.

*        We use a course management system

*        Electronic reserve readings are accessible in our Integrated
Library system only by instructor's name, course name, and course number.
Users connecting from off-campus must identify themselves as a [University]
user by logging-in with their NetID before they can access reserve documents

*        Through ILS/LMS security access is limited to members of the class
only.  Students can link from our course management system into our ILS, but
the security is the same

 

4.	Is there anything else you would like to share about your e-reserve
and copyright practice? 

*        We are reviewing our practice and have sought the advice of
University Counsel.  That advice is pending

*        We don't scan for patrons, so we leave the responsibility of
obtaining permissions on them.  This applies to both [Course Management
system] and [commercial e-reserves system], the two electronic reserves
platforms that are offered by the university

*        We inform faculty about the fair use guidelines of U.S. Copyright
Act of 1976, and ask them to apply fair use guidelines before submitting
items for scanning for course reserves.  Our reserve copyright guidelines
state that placing material on reserve may require copyright permission (for
example, the use of the same material in multiple courses or for successive
years).   We will not scan items for reserve if the nature, scope, or extent
of copying is judged to exceed limits of fair use.  We basically rely on
faculty to make that judgment and determination. We remove all electronic
documents from reserve at the end of the term.  Scanned copies are destroyed
when they are no longer used for reserve

 

 

 

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