Re: Re: Harvard Business School Publishing

Well, yes, but that would leave poor Carol solely liable for the damages, and I'm pretty that under Seminole they can still get injunctive relief against the state.

John Noble

At 5:30 PM -0400 9/29/05, Agenbroad, James \(Civ,ARL/CISD\) wrote:
>I would argue that with the collapse of CONFU, I don't think you can get
>a definitive answer outside of an appeals court. I'm not sure that
>there is much caselaw on academic reserves in institutions. (as opposed
>to coursepacks by commercial copy centers) Of course if you're a state
>school, you might have an 11th amendment defense. There is some thought
>IIRC, that because of some SC ruling on Indian gambling, that the
>Supreme Court might invalidate that section of the copyright law
>allowing copyright holders to sue states in federal court. A discussion
>of this is available here
>http://www.utsystem.edu/ogc/intellectualproperty/chavez.htm
>
>
>-----Original Message-----
>From: CNI-COPYRIGHT -- Copyright & Intellectual Property
>[mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Carol Resco
>Sent: Wednesday, September 28, 2005 6:39 PM
>To: CNI-COPYRIGHT -- Copyright & Intellectual Property
>Subject: [CNI-(C)] Harvard Business School Publishing
>
>The following message was sent to one of the management faculty at our
>institution. We subscribe to Harvard Business Review in print and also
>have access to the online through Ebscohost. We have used articles from
>HBR in our Eres system. The following message seems to indicate that no
>online posting of articles from HBR would be allowed without going
>through their course system (which of course means paying for every
>use!) They discuss "copyright" but aren't they really talking about
>"licenses" for electronic material. I am thinking that I still should
>be able to photocopy from our print collection, scan that, and mount on
>the electronic reserves server. Am I totally wrong?--Carol Resco
>
>
>
>
>To our colleagues in the academic community:
>
>Harvard Business School Publishing has received an increasing number of
>inquiries about posting our content on library "e-reserves" and course
>platforms. This short note is intended to clarify our policy toward
>digital
>content delivery, and provide you with a set of guidelines to follow.
>
>Harvard Business School Publishing distributes Harvard Business School
>Cases,
>articles from the Harvard Business Review and our family of newsletters,
>and
>books from the Harvard Business School Press for use in MBA and
>undergraduate
>courses in universities worldwide. It is our aim to provide our content
>to
>students and instructors in the format they find most useful and
>convenient,
>whether that is hard copy from our presses, locally reproduced copies,
>or
>digitized files for downloading.
>
>We do not permit the posting of our cases, articles, or chapters on
>"e-reserve"
>course pages for student access, nor in "electronic coursepacks" that
>link to
>our digitized content, nor on course management systems such as WebCT or
>
>Blackboard, unless doing so via our Course Planning system. Such
>unauthorized
>postings are equivalent to distributing our copyrighted content to
>students, and
>doing so without our permission infringes that copyright. This is so
>even if the
>content is being used for the first time and is password-protected,
>accessible
>only to students in the course, and taken down at the end of the course.
>Please
>do not post or display HBSP content in this way. Using our Course
>Planning tool
>is every bit as easy and functional.
>
>Clearances for your coursepacks can be obtained from your institution's
>copyright permissions coordinator.
>
>See more information on our Course Planning tool on our web site:
>
>
>Carol S. Resco
>Library Director, OGI School of Science & Engineering Library
>Oregon Health & Science University, West Campus
>20000 NW Walker Road
>Beaverton, OR 97006-8921
>(503) 748-1060
>(503) 748-1029 FAX
>rescoc[_at_]ohsu.edu
>
>http://www.ogi.edu/library
>
>
>
>
>
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Received on Sat Oct 01 2005 - 00:45:47 GMT