Content Analysis of Restrictive Publisher Copyright Policies for Electronic Reserves

ABSTRACT

A case study of a large urban academic library with an established electronic reserve system and copyright management database was attempted in order to analyze restrictions in publishers' electronic reserve copyright policies. The researcher proposed that publishers' electronic reserve copyright policies and the treatment of copyright permission requests restrict what and how much can be made available to students on an electronic reserve system. Background research on fair use, copyright laws, and library and publisher policies and positions on electronic reserve copyright issues is presented. The research methodology is outlined and analysis tools are explained. The results of the study and suggestions for future research are discussed. Appendices include samples of the analysis tools.     

Evaluating a Corporate Library Collection

Abstract

Librarians with an interest in electronic reserves were, for the most part, disappointed by The Technology, Education and Copyright Harmonization Act (TEACH Act). The Act provided classroom instructors with relatively clear guidelines as how they could use copyrighted materials online classes without violating the law. Mention of libraries, however, was conspicuously absent and the Act offered no direct guidance for what sort of library materials could be placed on the Internet. The guidance it offers though is more indirect. It gives some sense of how the legislative branch views the rights and responsibilities of educators in the use of online materials. It will offer guidance to the judiciary when, inevitably, a copyright dispute involving electronic reserves ever goes to court. It is important that librarians understand the TEACH Act and what it meansto education.     

Electronic Reserves at Columbia University

SUMMARY

The integration of electronic reserve at Columbia University with its Library Management System and the University's Course Management System was made possible due to a favorable authentication infrastructure and the consistent use of standard course designations in each system. The streamlining of electronic reserve processing was an important factor in the successful implementation of electronic reserve at the university. The use of an electronic reserve link resolver which facilitates the consistent generation of use statistics, ‘fair use’ copyright compliance, and the generation of proxied links to IP restricted resources was also important.     

Processing Reserves,Seeking Permissions and Engaging the Campus

Abstract

The Library has a dual role on campus, providing access to materials in compliance with fair use guidelines and informing teaching faculty about these guidelines and how they impact classroom teaching and beyond.

Library staff members have an extensive knowledge of copyright pertaining to reserve materials. The Library must maintain a delicate balance, upholding interpretation as it relates to procedures and service, while acting as a copyright information resource for faculty. The Library is involved in campus-wide efforts to inform faculty about copyright through online tools, conferences and ongoing conversations.     

Processing Electronic Reserves in a Large Academic Library System

Implementation of electronic reserves in academic libraries represents one of the most important advances in libraries for patrons in many years. Some academic libraries offer faculty peace of mind by assuming responsibility for copyright clearance for electronic reserve services. Libraries have the specialized equipment to scan and edit files to make them readable and easily downloaded by students. Libraries also have sufficient electronic storage to hold scanned material for future semesters. This paper examines how electronic reserves are managed in a large academic library system. The short history behind electronic reserves at Pennsylvania State University Libraries and the procedures associated with creating and maintaining the reserve system, will be considered, as well as offering a statistical assessment of how electronic reserves have affected the other services of the University Libraries. Finally, issues surrounding electronic reserves, fair use, copyright and Pennsylvania State University Libraries' procedures will be explored.     

Chapter 5. Copyright in the Interlibrary Loan Department

Abstract

All members of the Interlibrary Loan department need to be aware of current copyright law and related guidelines. Within the past ten years, there have been significant changes to the copyright laws (Sonny Bono Copyright Term Extension Act, Digital Millennium Copyright Act, TEACH Act, etc.), which have had an impact on the provision of library services, including ILL. Chapter 5 provides extensive background on the provisions of copyright law applicable to interlibrary loan, and also provides practical examples of how those laws and regulations are applied on a daily basis within the ILL department.     

Calming the Tempest: The Benefits of Using Prospero for Electronic Document Delivery in a Large Academic Library

Abstract

This article provides a distillation or summary of the copyright, fair use and permissions-seeking information needed by busy library staff that work with electronic reserves. The recommended resources section lists useful books and websites.

This article provides a distillation or summary of the copyright, fair use and permissions-seeking information needed by busy library staff that work with electronic reserves. The recommended resources section lists useful books and websites.     

Promoting Course and Electronic Reserves to Campus Faculty

Abstract

Ideas for promoting electronic reserves to faculty on a university campus are presented in this paper. Also included is a convenient handout that the library distributes to faculty or discusses at presentations or workshops. Handouts include basic instructions for using course reserves and electronic reserves, publisher information, use of databases for course reserves, copyright policy, troubleshooting ideas for accessing electronic reserve and web page ideas.     

Appendix C: National Interlibrary Loan Code

Abstract

Although widely adopted at university and college libraries in the United States, Electronic Reserve services in Canada have developed at a much slower pace. Based on the results of an extended pilot project for Electronic Reserves at a medium-sized university library in Canada, the author concludes that the most significant barrier to this development is the restrictive nature of copyright law in Canada. Results of an informal survey of university libraries in Canada seem to confirm this assumption. A brief overview of copyright law in Canada as it pertains to Electronic Reserves is discussed, as is the process of copyright reform recently undertaken by the Canadian government. Finally, an argument in favor of a broadened interpretation of ‘fair dealing’ (the Canadian version of ‘fair use’) is made as it may pertain to the development of Electronic Reserves services in Canadian academic libraries.     

Library reserves and copyright: Thirty years on and still changing

Since the passage of the 1976 Copyright Law, library reserve services have had to define continuously the nature of their services within the context of copyright. Lacking professional guidance, librarians reacted to the 1976 Law with a largely conservative set of guidelines for reserve copying due, in large part, to a vacuum of guidelines from the library profession and despite the prevalence of progressive rhetoric. Court cases (NYU, Kinko's and Texaco) have reinforced a conservative approach. However, the environment for reserve remains fluid. Electronic reserves and a recent court decision (Michigan Document Services) offer the profession another opportunity to redefine the reserve/copyright dynamic. Librarians need to avoid past strategic failures and take full advantage of the current environment to press the expansion of reserves into the new electronic library paradigm.     

Copyright and Electronic Library Resources

ABSTRACT

As electronic resources represent a larger percentage of libraries' purchases and services, copyright law, licensing, and other information laws are changing some traditional library functions. This article reviews the law of electronic resources through an outline of affected library services, including acquisitions and collection development; gifts, exchanges, and sales; archiving and preservation; circulation; interli-brary loan and document delivery; reserve; and research, reference, and instructional services. Legal issues considered include copyright, licensing, and database protection.     

A Primer on Copyright Law and the DMCA

Abstract

Presents the basics of modern copyright law and ways in which the 1998 Digital Millennium Copyright Act (DMCA) changed the law. Focuses on the DMCA's prohibition of circumvention and file sharing and how this has impacted libraries. Discusses efforts to re-establish a copyright balance between creators, publishers and consumers, especially through proposed legislation and the open access movement. The impact of the DMCA on libraries is weighed, and calls for librarians to be more vigilant in opposing efforts to legalize digital rights management software.     

Shifting Responsibility for Electronic Reserves Copyright Permissions from the Academic Departments to the Library

Abstract

Copyright permissions for reserves at Washington State University Vancouver have always been the responsibility of the instructor who submits the reserve request. Concerned that this practice could, at worst, place the University in danger of infringing copyright and, at best, in unnecessary duplication of effort, the Library undertook a pilot study to find out what would be involved, both in terms of workflow and direct costs, for moving copyright clearance to the Library. In cooperation with the Business department, the Library developed workable procedures for the Library to handle permissions.     

Switzerland

Abstract

Jacksonville State University's (JSU) Houston Cole Library (HCL) has always provided access to required course readings for its nursing program. In the past, HCL only offered print reserves. Now, as JSU's nursing programs move to the online arena, the Library's presence will be needed even more. Along with providing access to required course readings via an electronic reserve system, Docutek's ERes, the move to an online environment will require assistance in navigating the online system. Through a survey instrument, the authors determined the percentage of the JSU nursing faculty currently using the electronic reserve system. The authors also surveyed the JSU nursing students to determine the impact of the system on their studies.     

电子版权与数据库的合理使用

从电子版权的概念出发分析其与合理使用制度的关系，从数据库类型划分出发探讨数据库合理使用的范围和标准，最后从电子版权立法角度提出数据库合理使用存在的几个难点问题。     

Developing Partnerships to Create Electronic Reserves at the University of Kansas Libraries

Abstract

Today, it is advantageous for academic libraries to look outside their own organizations to other potential campus and commercial partners when considering new services. This case study describes the planning and implementation of electronic reserves at the University of Kansas Libraries, including the integration of two commercial partners, XanEdu (provider of electronic course packs) and Blackboard (a courseware management package). Docutek was chosen as the electronic reserves software package because it offers copyright management and faxing capabilities (when hosted locally). There is also a discussion of the advantages and disadvantages of centralization versus decentralization of different aspects of electronic reserves when multiple library locations are involved.     

Copyright and Intellectual Property: What You Need to Know

In this session of the NASIG and Society of Scholarly Publishing joint program, a panel of lawyers conversed on topics related to the creation of copyright policy that impact both librarians and publishers. The topics chosen were selected to highlight areas of possible controversy between librarians and publishers. Dialogue centered on the concepts of international first sale, fair use, licensing and mass digitization, library exceptions, possible revisions to sections of the U.S. Copyright Act, and the relationships between accessibility issues and copyright. Through conversational style discussions the panelists conveyed to the audience that achieving balance in copyright law is challenging and the process often creates constructive tension among the rights of stakeholders.     

Defining Fair Use in Visual Art Research Sources and Strategies

Abstract

This guide offers extensive resources on the intersection of intellectual property law and contemporary visual art and on the application of the doctrine of fair use within this context. It is designed to assist attorneys, museum administrators, art collectors, art dealers and artists in handling litigation involving copyright litigation. It is particularly focused on copyright claims arising out of the art movement known as “appropriation,” which has emerged as a litigation target due to its use of familiar images and image genres drawn from public and consumer media. The guide strives to aid artworlders and attorneys new to art litigation in developing an understanding of the limitations and extent of fair use protections for visual artwork.     

Impact of Basic Books v. Kinko's Graphics on Reserve Services at the University of Colorado,Boulder

ABSTRACT

This paper analyzes recent reserve activity at the University of Colorado, Boulder to assess the impact of recent copyright clarification on circulation departments. Reserve circulation statistics, material counts, and number of instructors submitting items are compared prior and subsequent to the March, 1991 copyright decision. The study finds that circulation of reserve items increased by 113%. The number of all items placed on reserve increased 192%. While the number of books on reserve changed relatively little, the number of photocopied articles increased 197%. The number of instructors using reserve, however, increased only 24%. That such a small increase in instructors' usage could generate such a dramatic increase in activity is discussed and concludes that a review of copyright compliance may be appropriate.     

著作权法的修订及其对图书馆的影响

阐述新著作权法的修订内容和特点,并从信息网络传播、著作权集体管理、合理使用、作品出租、下载打印、举证责任、技术措施和权利管理电子信息等方面论述其对图书馆的影响。