Mason Port 2_ppt[1]

8/3/2019 Mason Port 2_ppt[1]

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The Good, The Bad & The

(Potentially) Ugly:Perils & Pitfalls of E-

Reserves in Libraries


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The Good, The Bad &The (Potentially) Ugly:

Perils & Pitfalls of E-Reserves in Libraries

E-Reserves are becoming more and more popular,particularly in Academic & Special Libraries and for

good reasons.


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The Good

E-Reserves are available 24 hours a day, 7 days a week

Libraries save $ on supplies like paper and toner

Students do not have to go to the physical library and make apersonal copy

Students do not have to wait if reserve materials are being

used by another student

Students do not have to wait if the librarys copier is beingused


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The Good

E-Reserves are more versatile since they can be printed,downloaded or read on a computer screen (Melamut, page161)

Libraries can easily track usage numbers, thus providing vitalinformation on which materials are being used (speciallyimportant when it comes time for renewals)

Reserve materials are no longer subject to theft or damage

Libraries can free up filing cabinets by storing materials

electronically


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The Bad

License agreements need to be read thoroughly - manypublishers exclude the use of their materials in e-reserves.Library staff must work together to be certain that the licenseagreements do not preclude rights to make materials available

(American Library Association)

Library must have the appropriate technology to provide e-reserves

Library must have the staff to provide e-reserves, includingthe technical skills necessary


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The Bad

Copyright/Fair Use warning must be posted to students toavoid misappropriate use as has been pointed out that TheInternet is really just a big photocopier. If you think about it inthose terms, you understand why it creates copyright issues

(Anonymous Apr 8, 2011 pg 3)

Libraries must remember that from a copyright lawperspective, there is no distinction between paper reserves ande-reserves. The same fair use guidelines applyif the particularuse of content doesnt meet the fair use criteria in hard copyform, it is unlikely to be considered fair use in digitized form(Copyright Clearance Center pg 2)


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And the (Potentially) Ugly

A lawsuit against Georgia State University is currently beingbattled on behalf of Georgia State University was sued by threepublishers of academic journals: SAGE publications, OxfordUniversity Press and Cambridge University Press

The lawsuit was filed on April 15, 2008 and stresses thatwhile many U.S. college and universities work with universitypress and other publishers to ensure their uses of publishedmaterials are in accordance with U.S. copyright law, the lawsuitthat GSU has flatly rebuffed efforts to reach similar

agreements (Anonymous April 4, 2008)


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The Good, The Bad &The (Potentially) Ugly:Perils & Pitfalls of E-Reserves in Libraries


Georgia State University was sued by three publishers ofacademic journals; SAGE publications, Oxford University Pressand Cambridge University Press on April 15, 2008

The lawsuit said Georgia State University infringed oncopyright laws by sharing copyrighted material with studentsvia electronic reserves, course Web sites, and other meanswhich exceeded fair use (Parry and Howard)

Some of the other means include departmental web pagesand hyperlinked course syllabi (Talab)

The defendants include the Universitys president, members ofthe Universitys Board of Regents and the dean of the libraries


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The Good, The Bad & The (Potentially) Ugly:Perils & Pitfalls of E-Reserves in Libraries


Another point of contention for the publishers is theirperception that Georgia State Universitys policies endorsesthe unlicensed copying of up to twenty percent of a work - abenchmark that would countenance unlicensed excepts ofeven

hundreds of pages from a given work (Talab)

Furthermore, the three publishers charge that the Universitypolicies regarding electronic reserves and the like violate eventhe Universitys own lax policies (Talab)


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The Good, The Bad & The (Potentially) Ugly:


And the (Potentially) UglyThe publishers claims that the university engaged insystematic, widespread, and unauthorized copying anddistribution of a vast amount of copyrighted works (Parry andHoward)

The publishers also are pushing for the Georgia StateUniversity to make the university legally responsible forpolicing and copying and sharing that takes place on it systems

or computers (Parry and Howard)


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Lessons Learned

Library staff as well as faculty needs to learn that thebiggest thing we need to understand is that just becausesomething is technologically possible doesnt mean itslegal (Anonymous Apr 4, 2008)

Or take this into consideration: The Internet is reallyjust a big photocopier (Anonymous April 4, 2008) andthat is where many problems arise with copyrightcompliance


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Where to learn more

Learn about Copyright issues in the Know YourCopyrights FAQS as provided by the Association ofResearch Libraries athttp://www.knowyourcopyrights.org/bm~doc/kycrfaq.pdf

The Copyright Clearance Center also has numerousinformation on copyright laws, such as a description ofFair Use http://www.copyright.gov/fls/fl102.html as wellas electronic reserves as well as and electronic reserveshttp://www.copyright.com/media/pdfs/Using-Electronic-

Reserves.pdf

The American Library Association provides guidelines onFair Use and Electronic Reserves at

http://www.ala.org/ala/issuesadvocacy/copyright/fairuse/fairuseandelectronicreserves/index.cfm
http://www.knowyourcopyrights.org/bm~doc/kycrfaq.pdfhttp://www.copyright.gov/fls/fl102.htmlhttp://www.copyright.com/media/pdfs/Using-Electronic-Reserves.pdfhttp://www.copyright.com/media/pdfs/Using-Electronic-Reserves.pdfhttp://www.ala.org/ala/issuesadvocacy/copyright/fairuse/fairuseandelectronicreserves/index.cfmhttp://www.ala.org/ala/issuesadvocacy/copyright/fairuse/fairuseandelectronicreserves/index.cfmhttp://www.ala.org/ala/issuesadvocacy/copyright/fairuse/fairuseandelectronicreserves/index.cfmhttp://www.ala.org/ala/issuesadvocacy/copyright/fairuse/fairuseandelectronicreserves/index.cfmhttp://www.copyright.com/media/pdfs/Using-Electronic-Reserves.pdfhttp://www.copyright.com/media/pdfs/Using-Electronic-Reserves.pdfhttp://www.copyright.com/media/pdfs/Using-Electronic-Reserves.pdfhttp://www.copyright.com/media/pdfs/Using-Electronic-Reserves.pdfhttp://www.copyright.com/media/pdfs/Using-Electronic-Reserves.pdfhttp://www.copyright.gov/fls/fl102.htmlhttp://www.knowyourcopyrights.org/bm~doc/kycrfaq.pdf


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Annotated Bibliography

Anynomous (Apr 16, 2008).Publishers Take Action Against Georgia State University

Copyright Infringment. U.S. Newswire.The author lists details of the on-going trial of 3 academic publishers against GeorgiaState University. The publishers are suing over what they percieve as theuniversitys disregard for Fair Use in their electronic reserves, deparmentmal webpages and the like. Talab gives details of the examples the publishers have used intheir case against Georgia Statue University. These include: no passwords requiredfor electronic reserves, policies not being enforced, numberous chapters of printbooks offered for mutliple semesters, and takes to task the Universitys copyrightpolicies.

Anynomous (Apr 16, 2008). The Law, Digitally Speaking. The Chronicle of HigherEduction. 54(30): B14-

This article covers the ever-changing electronic technologies in todays world and how libraries areusing computers and the Internet to perform educational outreach. The author, who works at IndianaUniversity, futher discusses publishers conserns over e-reserves.


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Annotated Bibliography

Parry, M., Howard, J. (2011, May 11). 2 Universities Under theGun: Publishers Take Action Against Georgia State U., whilevideo producers sue UCLA. The Chronicle of Higher Education.Retrieved 10/17/2011 from http://chronicle.com/article/2-Universities-Under-the-Legal/127688/

Parry and Howard give a brief synopsis of the current lawsuit againstGeorgia State University, as well as a lawsuit filed in December 2010against UCLA by a media group also about copyright infrigement. Theauthors talk about the people at UCLA who are the defendants. Parryand Howard also give a summary on what he publishers are asking UCLAfor.

Talab, R. (Jul/Aug 2008).Using Digital Materials in Online Courses: ACautionary Tale of Georgia State University. Tech Trends. 52(4):30-32

The author lists details of the on-going trial of 3 academic publishers against GeorgiaState University. The publishers are suing over what they percieve as theuniversitys disregard for Fair Use in their electronic reserves, deparmentmal webpages and the like. Talab gives details of the examples the publishers have used intheir case against Georgia Statue University. These include: no passwords requiredfor electronic reserves, policies not being enforced, numberous chapters of printbooks offered for mutliple semesters, and takes to task the Universitys copyright

policies.
http://chronicle.com/article/2-Universities-Under-the-Legal/127688/http://chronicle.com/article/2-Universities-Under-the-Legal/127688/http://chronicle.com/article/2-Universities-Under-the-Legal/127688/http://chronicle.com/article/2-Universities-Under-the-Legal/127688/http://chronicle.com/article/2-Universities-Under-the-Legal/127688/http://chronicle.com/article/2-Universities-Under-the-Legal/127688/http://chronicle.com/article/2-Universities-Under-the-Legal/127688/http://chronicle.com/article/2-Universities-Under-the-Legal/127688/http://chronicle.com/article/2-Universities-Under-the-Legal/127688/http://chronicle.com/article/2-Universities-Under-the-Legal/127688/http://chronicle.com/article/2-Universities-Under-the-Legal/127688/

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Mason Port 2_ppt[1]