Re: copyright and course reserves

From: Laura N. Gasaway <unclng[_at_]email.unc.edu>
Date: Tue, 13 Oct 1998 08:36:57 -0400 (Eastern Daylight Time)

On Sat, 10 Oct 1998, Bob Stock <bstock[_at_]ucla.edu> wrote:
>
> On 10/9/98, Leah Gadzikowski <lrgadz01[_at_]gwise.louisville.edu> wrote:
> >
> > This question came up in conversation with some other reserve staff
> > members this afternoon and I would like some input. If an instructor
> > obtains permission to copy an article and use it as part of a course
> > pak, does that permission expire? As an example, if permission is
> > obtained, and the article placed on course reserve for a semester,
> > does the instructor need to get permission to place the same, physical
> > article on reserve again the next semester, or would permission only
> > be needed for additional copies?
>
> To me this is a contract not a copyright question. The instructor
> apparently received a license to copy the copyright owner's work. The
> scope of that license would be determined by its terms. If there is
> a dispute about the meaning of the terms, or a term is omitted, that
> dispute would have to be resolved in the usual ways contract disputes
> are resolved. It would be better for the instructor to (a) get
> permission in writing (oral permissions are such a nuisance) and (b)
> nail down the scope of the permission as much as possible. These two
> suggestions are good for *most* potential contracts. Except in
> Hollywood, where the only issue is during which lunch course do you
> orally discuss which terms.

Bob and others,

     The issue of reserve copies in libraries has been loosely governed since 1982 by the ALA Model Policy. It does require permission for the second semester use of the item regardless of whether it is the same photocopy or additional copies. The work is the copyrighted work.

Lolly

*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*

Laura N. Gasaway		     phone:  919-962-1321
Director of the Law Library 	     fax:    919-962-1193
	& Professor of Law	     email:  laura_gasaway[_at_]unc.edu

University of North Carolina
CB # 3385
Chapel Hill, NC 27599 http://www.unc.edu/~unclng/gasaway.htm *~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~* Received on Tue Oct 13 1998 - 12:35:09 GMT