RE: Re: Scanning print articles

I don't see how anyone can do a fair use analysis of this question with the little information provided. Many questions, such as the following to start, need to be answered first.

1. What are the copyrights in question here? The copyrights of the professors and/or copyrights in other content in the articles, such as images. There could be multiple copyright holders in the content of a given article.
2. When the professors put the material on reserve, did they indicate that copying is authorized or is there perhaps a university reserve policy (of which the professors are clearly aware) which allows for copying without getting the professors' permission? And is online (versus photocopying, for example) reproduction and distribution included in the professors' or university's policy.
3. Is the Instructional Media Center's website available to the general public or is is password protected. If protected, approximately how many people have potential access. There is a big difference between a class of 20 and the entire university and the general public.

Sincerely,

Robert Panzer

VAGA (Visual Artists and Galleries Association) 350 Fifth Avenue
Suite 2820
New York, NY 10118
tel: 212 736 6666
fax: 212 736 6767
rpanzer[_at_]vagarights.com
  -----Original Message-----
  From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org]On Behalf Of Peter Hirtle   Sent: Wednesday, August 06, 2003 1:00 PM   To: CNI-COPYRIGHT -- Copyright & Intellectual Property   Subject: [CNI-(C)] Re: Scanning print articles

  At 11:31 AM 8/4/2003 -0400, Valerie A. Lang wrote:

    Hello,

    I have been asked to research copyright implications re: the following.     Any feedback is greatly appreciated.

    Our Instructional Media Center is looking to scan hardcopy print     articles that professors have on reserve, and post them on the     Instructional Media Center's website.

    How could this play out in terms of copyright violation?

  There are a number of good studies of this complex issue. I suggest you read Lolly Gasaway's very useful article on "Copyright Considerations for Electronic Reserves" found in MANAGING ELECTRONIC RESERVES, edited by Jeff Rosedale and published by the ALA in 2002.

  You might also want to look at Georgia Harper's web site on the topic (at
<http://www.utsystem.edu/OGC/IntellectualProperty/l-resele.htm>) and the
section on electronic reserves at the IUPUI copyright site at
<http://www.copyright.iupui.edu/library_issues.htm>.

  My off-the-cuff reaction would be that the system you describe in your message would be ok, so long as the other standard reserve guidelines were followed (limited amount copied, subsequent use in the course requires permission, etc.).

  Peter

  Peter B. Hirtle
  pbh6[_at_]cornell.edu Received on Mon Aug 11 2003 - 21:47:28 GMT