Re: Backfile of photocopied articles

You might wish to consult
http://www.musiclibraryassoc.org/Copyright/guideres.htm which provides the ALA Model Policy COncerning College and University Photocopying for Classroom Research and Library Reserve Use. Its dated March, 1982, and I don't know if it has since been revised. It basically states that it is okay to place photocopies on reserve, but does not address how many semesters material can be used. In fact I know of know guidelines that state the one semester rule, though this may be what publishers want. The CONTU guidelines only address interlibrary loan and photocopying.

I sure you would all agree that if a library or an instructor owns a book the first sale doctrine would allow that book to be put on reserve for as many semesters as desired. The same would hold true for a journal. Therefore, if the library, in order to prevent wear and tear on the book or journal decides to make a photocopy or the portion assigned to students (assuming it is not the entire journal or book) this could qualify as a preservation photocopy and there should also be no problem. The only problem I see is if instructors place material on reserve that is not owned by the library or the instructor, say an article received by ILL. But since an article received by ILL is a lawfully made copy, could the instructor also place this on reserve?

I remind all the members of this list the CONTU guidelines are merely that - guidelines, and were intended to be safe harbor minimums, not maximums, and as far as I know have never been tested in court except in relation to course packs and systematic copying within a commercial organization. (If anyone has cites to any other cases where the CONTU guidelines have played a role, please let me know).

Even in those courses where I use course packs I also place a copy of the articles in the pack on reserve. There are always a number of students who can't afford the extra fees for copyright clearance, binding, etc. that are associated with a course pack, and need to be able to exercise their fair use right within the library.

-- 
S. Warwick
swarwick[_at_]sprynet.com

Seven Blunders of the World That Lead to Violence
  Wealth without work         - Science without humanity
  Pleasure without conscience - Worship without sacrifice
  Knowledge without character - Politics without principle
  Commerce without morality
         Mahatma Gandhi