Because:
(a) it is difficult to tell who are the copyright holders. Publishers who are not the copyright holders often assert on the printed page that it is their copyright and will even sell permissions that they are not allowed to grant. Some authors will al so grant permission after having transferred their copyright to a publisher.
(b) journal publishers will often charge outrageous fees (think CCC) that are never shared with the author, who (in the academic setting) was never paid for the work in the first place and intended the work to be freely available
At 10:47 PM 10/5/00 -0400, Rod Dixon, J.D., LL.M. wrote:
>May I suggest one simple way to possibly avoid these clever (and silly) fair
>use interpretations? Why not draft specific letters requesting permission
>from the copyright holders?
>
>Rod
> > -----Original Message-----
> > From: owner-cni-copyright[_at_]cni.org [mailto:owner-cni-copyright[_at_]cni.org]On
> > Behalf Of Caroline Geer
> > Sent: Tuesday, October 03, 2000 9:16 AM
> > To: Multiple recipients of list
> > Subject: RE: Backfile of photocopied articles
> >
> >
> > Dear Gary,
> >
> > I have just gone through such a discussion with our faculty. As I
> > understand "Fair Use" in an academic setting-and I will be eager
> > to read any
> > comments from the copyright attorneys on this issue-the articles that are
> > used in the Reserve Room may only remain for the duration of the course
> > [usually a semester or quarter]. After that time, they must be destroyed.
> > The same article from that journal may not be used again for that course
> > unless permission has first been obtained from the copyright holder [often
> > the publisher]. We have just recently removed all old copies that
> > professors had used for years for their courses-all carefully
> > catalogued and
> > labeled! As I understand it, only one copy may be on Reserve even if it
> > will be used by 2 different classes. Of course, multiple copies
> > of the book
> > or journal the chapter or article is from may be on Reserve with no copy
> > provided by the Library in the Reserve Room. Also, the copy cannot be the
> > "bulk" or the "heart" of the publication, so generally a chapter out of a
> > book or an article out of a magazine would be acceptable for a
> > one-time use.
> > And only one copy may be made of the article that is kept on Reserve. If
> > students want to make a copy of that article for their own use, then they
> > must make it as they read the "Notice of Copyright" posted at the copy
> > machine.
> >
> > There are certainly some fine points I am still fuzzy about-such as the
> > Copyright Clearance Center and what role it plays in these
> > Reserve copies-so
> > I hope someone more knowledgeable will jump in to answer. I know
> > there was
> > an excellent discussion of Fair Use over the summer and some
> > excellent URLs
> > that were mentioned at that time. Here are a few I've collected and found
> > helpful:
> >
> > http://www.cetus.org/fairindex.html#Contents [Fair Use in
> > Education]
> > http://www.nmjc.cc.nm.us/copyrightbay/ [this one
> > includes an excellent
> > "webliography" of other sites]
> > http://www.benedict.com/ [the Copyright Website]
> > http://www.templetons.com/brad//copymyths.html [10 Big Myths About
> > Copyright]
> > http://www.lib.umich.edu/libhome/copyright/ [Copyright
> > Information Page]
> > http://www.musiclibraryassoc.org/Copyright/ereserves.htm [for music
> > educators]
> > http://www.iupui.edu/~copyinfo/home.html [Copyright Management
> > Center-Indiana University-Purdue University]
> >
> > Hope this helps!
> >
> > Caroline Geer, MA MLIS phone: 903.233.3271
> > Coordinator of Information Resources
> > Margaret Estes Library
> > LeTourneau University
> > 2100 S. Mobberly Ave., POB 7001
> > Longview, TX 75607-7001
> >
> > URL: www.letu.edu/departments/library
> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> > ~~~~~~~~~~
> > ~~~~~~~~~~~~~~
> > "God, after He spoke long ago to the fathers in the prophets in many
> > portions and in many ways, in these last days has spoken to us in His son,
> > whom He appointed heir of all things, through whom also he made the
> > orld." -- Hebrews 1:1
> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> >
> > -----Original Message-----
> > From: owner-cni-copyright[_at_]cni.org [mailto:owner-cni-copyright[_at_]cni.org]On
> > Behalf Of Atwood, Gary
> > Sent: Thursday, September 28, 2000 8:30 AM
> > To: Multiple recipients of list
> > Subject: Backfile of photocopied articles
> > Dear Members of the List:
> >
> > I have a question that I'm fairly sure that I know the answer to, but I
> > still would like to hear some of your opinions. First, a little
> > background.
> > We have two file cabinets full of photocopied articles that the professors
> > here put on reserve for their classes. The file cabinets sit out in a
> > public area where anyone can have access to them, although they are seldom
> > used by the general public. It's my understanding that the rationale for
> > storing these articles was that the professors usually come in a request
> > that the same articles be put on reserve each year when they
> > teach the class
> > so why not save ourselves a lot of extra work by just filing the articles
> > and reusing them? While I agree with the idea and have gone
> > along with the
> > system as it stands, I don't think that this is the proper thing
> > to do from
> > a copyright standpoint. My question is: is it acceptable to
> > archive these
> > articles in the manner that we have been doing or do we have to dispose of
> > them once class is over and the reserve shelves are taken down? While I
> > have been here, any new articles that have been put on reserve have either
> > come from journals that we subscribe to or professors who I assume have
> > gotten them properly. I cannot say the same for the articles collected in
> > the years before I arrived. I don't know if it makes any
> > difference or not,
> > but I thought I would mention it.
> >
> > As I said in the beginning, I'm fairly sure that we are not supposed to be
> > operating in this manner, but I'm in a position now to make a
> > change to this
> > policy and I'd like to put us back on the right track if at all possible.
> > Thanks in advance for the advice.
> >
> > ****************
> > Gary S. Atwood
> > Assistant Librarian
> > Bangor Theological Seminary
> > 300 Union Street
> > Bangor, Maine 04401
> > e-mail: gatwood[_at_]bts.edu
> > tel: (207) 942-6781 x123
> > ****************
> >
> >
http://www.kaner.com http://www.badsoftware.com
Author (with Falk & Nguyen) TESTING COMPUTER SOFTWARE (2nd Ed, Wiley) Author (with David Pels) of BAD SOFTWARE (Wiley, 1998)
This e-mail communication should not be interpreted as legal advice or a legal opinion. The transmission of this e-mail communication does not create an attorney-client relationship between me and you. Do not act or rely upon law-related information in t his communication without seeking the advice of an attorney. Finally, nothing in this message should be interpreted as a "digital signature" or "electronic signature" that can create binding commercial transactions. Received on Sun Oct 08 2000 - 17:50:40 GMT
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