Re: electronic reserves

Ron Naylor writes:
>
> There is no intrinsic difference between the provision of a paper photocopy
> to a student in a reserve room in a library which, under fair use, the
> student can photocopy, and the provision to that student of an electronic
> copy from a database that is stored in a University computer and is
> accessible from terminals in and out of the library and from which the student
> can make a paper copy. The single major distinction is that technology has
> eased the path of the student who is no longer required to come to the
> library to check out and photocopy the reserve reading. Rather, the student
> now has the option to access the University computer from dorm, lab, home and
> print out a copy. This is well within the spirit of fair use as I
> understand it.
>
> If we allow the legal niceties of the language of the law to determine that
> we need permissions to scan a document into a machine that 'displays' the
> document, then we are allowing technology to dictate how we behave. What
> electronic storage and display of documents means to our students is simply
> greater ease of access to information. It DOESN'T mean deprivation to
> the publisher. Even if we don't use the new technology we're not going
> to buy more copies of the original. Why should the use of new technology -
> not developed by publishers - enable the publishers to require users of
> their products to pay more for them than they are legally required to pay
> with the old technology.
>
> I fear that we academic librarians are so concerned not to seem to be in
> the LEGAL wrong tjhat we become afraid to assert our LOGICAL rights on
> behalf of our clientele.

I agree. Perhaps we can look at it another way. The use by students in this context means that they pay less for the material. The publisher isn't the one who loses - its the copying machine vendors, etc. The copyright statute was not passed for their protection.

  Don Berman --  

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