E-Reserves Obtaining Permissions

December 20, 2006 @ 9:29amabahr says:
If a library owns and has in its collections a book/journal from which a faculty member wishes to make an article or chapter available in an e-reserve system, is the library required to pay copyright fees/obtain permission to do so either for the first use or for subsequent uses?

Although I've checked the practices of several libraries, some pay/obtain permission only if they don't own items, only for subsequent uses of items they own, and/or for any use of any item in the e-reserve system. It's pretty difficult to chart a straight course in such murky waters.
January 3, 2007 @ 8:01amwilliamsonl says:
You are entirely correct in your analysis--these are murky waters and the answer to your question will be a decision your institution will make for itself. One question to ask is: what is your policy for traditional reserves? Do you request permission after one semester or not? Practice varies widely between institutions--you're correct--some just pay the fees for everything and others use a fair use analysis for each item. Carrie Russell gives a nice analysis in Complete Copyright (if you dont' have this, you should) Chapter 4. Our library asks permission for items we do not own, but not usually for things that we do, but this is just one of several approaches that can be used.
I know this did not answer your question, but, like most copyright issues, this is not a yes/no or simple issue.

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