electronic and print reserve copyright questions

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• July 28, 2004 @ 12:14pmbmorgan says:

  We're in the process of revising our electronic and print reserve policies and of course, there are many copyright issues to consider. Here are a few we are pondering:
  
  1. If we own the material that is copied or scanned and placed on reserve/ereserve, do we need to seek permission if it's used the following semester? What if it's not for the same faculty member or for the same course? A number of the guidelines (ALA Model Policy, etc.) indicate yes, but we've encountered opinions to the contrary.
  
  2. If we don't own a particular item (e.g. journal article), may we request it via ILL and place that on print reserve? May we also scan that journal article and place it on ereserve? The material would have been "lawfully acquired".
  
  3. May we place a copy/copies of a coursepack that is being used for the current semester on print reserve? Is it any different than placing a textbook on reserve?
  
  4. Are test prep. books for the LSAT, MCAT, etc., which include much more than sample tests, considered "consumables"?
  
  
  Your feedback would be greatly appreciated!
• July 29, 2004 @ 5:13amBAustin says:

  Unfortunately, there aren't any absolute answers to these questions. For what it's worth, based upon a lot of research, conversations with library administration and our university counsel, we've come up with answers that work for us (University of Colorado) but unless/until academic libraries are willing to come together and present a unified front on this issue, I think these must remain individual decisions, based upon each institution's comfort level. Our take on it:
  
  1. If we own the material that is copied or scanned and placed on reserve/ereserve, do we need to seek permission if it's used the following semester? What if it's not for the same faculty member or for the same course? A number of the guidelines (ALA Model Policy, etc.) indicate yes, but we've encountered opinions to the contrary.
  
  We do not seek permission for subsequent semesters, if we own the material and a professor has requested use for his/her class (whether or not it is the same professor or a different one. Our view is probably the minority view at the moment, but I'm hoping this will change as time goes on
  
  2. If we don't own a particular item (e.g. journal article), may we request it via ILL and place that on print reserve? May we also scan that journal article and place it on ereserve? The material would have been "lawfully acquired".
  
  We would not do this for the professor, but if he/she acquired an article by whatever means and we did not own it, we would place it on e-reserve for 1 semester as fair use. We do track these types of materials and pay licensing fees if used again in subsequent semesters. For monographic type material we attempt to purchase the item for our libraries (it would then fall under the scenario in question 1)
  
  3. May we place a copy/copies of a coursepack that is being used for the current semester on print reserve? Is it any different than placing a textbook on reserve?
  
  In our view, there is no difference. We will place 1 copy on reserve just as we would a copy of any other book. We will NOT, however, place a coursepack on electronic reserve as we view that as a consumable.
  
  4. Are test prep. books for the LSAT, MCAT, etc., which include much more than sample tests, considered "consumables"?
  
  In our view these are consumables.
  
  I hope this helps! Again, the replies are our own and should absolutely not be viewed as definitive. The only absolutely legally safe answers to these questions would be so conservative as render one's reserve service virtually worthless. IMHO :)
• July 29, 2004 @ 11:19amCarrie says:

  I just thought that I would mention that the ALA Model policy - while a little looser than the Photocopy Guidelines - was never officially endorsed by ALA.
  
  One must always watch these guidelines since they do not have the power and effect of law.
• July 31, 2004 @ 7:35ambmorgan says:

  Thanks for your very thoughtful responses Austin and yes, Carrie, the ALA Model Policy...is certainly not "law".
  
  Could you respond to my questions Carrie?
  
  Thanks!
• August 24, 2004 @ 5:35amMichaelJMiller says:

  Greetings:
  
  Being a new Access Services Coordinator at Queens College, I must come up to speed with our reserves policies and get the policies in hand (in writing...). I am finding no evidence of policy toward single article, paper copies - which are not in course packs - on any of the sites aforementioned under this topic; not at UT, not at U CO, not on ALA's copyright issue site. How does one handle the old fashioned paper copy of a single article for first and subsequent uses? Furthermore, how can I find the ALA Model policy and is anyone else willing to share policy(ies)? Thanks for any assistance.
  
  
  Michael J. Miller
  mjmiller@qc1.qc.edu
  (718) 997-3761
• August 25, 2004 @ 8:52amdan says:

  A Google search turns up several copies of the ALA Model Policy. Here is one with just the reserve section: http://www.unc.edu/~unclng/ALA-modelpolicy.htm
  
  But be aware that folllowing guidelines is no substitute for following the law/statute itself. Here is a chance to plug Carrie's new book, Complete Copyright: An everyday guide for libarians. She has very readable sections on guidelines and reserve policies.
  
  I'd share our policies, but we no longer have any print articles on reserve.
  
  Dan
• August 27, 2004 @ 3:51pmBAustin says:

  We no longer place photocopies on reserve, either; electronic has taken the place of those. But IMHO the format is irrelevant in terms of amount, length of time on reserve, etc. So a good e-reserves policy should theoretically work as a good model for a paper reserves policy also (for these issues).
• September 14, 2004 @ 10:54amsyslib says:

  Our small graduate school has been taking a casual and liberal view of copyright, but are now in the process of firming up our copyright policy.
  
  We too believe that if the institution owns a copy of the item, then it is permissable to use that item repeatedly for course reserve, whether online or in print in the Library. However this does appear to be a violation of fair use guidelines.
  
  Is anyone aware of legal sources or policies that support this liberal approach?
  
  Thank you,
  Laurie Isenberg
  syslib@ciis.edu
• September 16, 2004 @ 3:15pmdan says:

  I think becoming familiar with the statute itself is your best bet. You might also take a look a the discussion on Circular 21 in an other thread on this board.

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