Legal Solutions in Electronic Reserves and the Electronic Delivery of Interlibrary Loan

by Brennan Croft; Janet

• ISBN13: 9780789025586
• ISBN10: 0789025582
• Edition: 1st
• Format: Hardcover
• Copyright: 2004-10-06
• Publisher: Routledge

Summary

Avoid legal consequences in your library by knowing copyright law! Legal Solutions in Electronic Reserves and the Electronic Delivery of Interlibrary Loan guides you through the process of developing policies to protect you, your library, and your patrons. The book examines the philosophy and regulations behind the laws and guidelines that apply directly to library services, allowing library staff and administration to better understand why these rules are needed. This vital resource offers suggestions and advice to ensure your library can offer the best services to your patrons while staying within the boundaries of the law. With this informative tool, you'll learn more about: copyright basics--special allowances, licensing, penalties confidentiality basics--state regulations, institutional regulations, records retention policies electronic reserves and electronic delivery of interlibrary loan--differences of electronic versus physical, negotiating permissions and database contracts for use and more! Legal Solutions in Electronic Reserves and the Electronic Delivery of Interlibrary Loan shows you where to find works in the public domain and free E-material on the Internet. It also lists several Web sites to help you obtain permission, acquire information on copyrights and electronic reserves, or join a listserv or discussion group on these issues. This book includes a section on current legislative issues that will affect you in the future. To help you plan your course of action, Legal Solutions in Electronic Reserves and the Electronic Delivery of Interlibrary Loan includes the text of several important laws and guidelines, such as: the Copyright Law the Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals the CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements the CONFU Fair-Use Guidelines for Electronic Reserve Systems the American Library Association Model Policy Concerning College and University Photocopying for Classroom, Research, and Library Reserve Use (Section on Reserves)

Table of Contents

Acknowledgments	xvii
Introduction	1	(4)
Copyright Basics	5	(12)
What Laws Cover Copyright for Librarians and Educators?	5	(1)
Securing Copyright: What Is Protected by Copyright?	6	(1)
Rights of the Copyright Holder	6	(1)
Expiration of Copyright	7	(1)
Fair Use	8	(1)
Special Allowances for Library Copying, Reserves, Interlibrary Loan and Teaching	9	(2)
Guidelines (CONTU, CONFU)	11	(1)
Contracts vs. Copyright Law: Licensing and UCITA	12	(2)
Penalties	14	(3)
Confidentiality Basics	17	(4)
State Regulations	17	(1)
Institutional Regulations	17	(1)
USA Patriot Act	18	(1)
Records-Retention Policies	19	(2)
Electronic Reserves	21	(16)
Electronic vs. Physical Reserves	21	(8)
Location and Access	22	(1)
Classification	23	(1)
Circulation	24	(1)
Use of Service	25	(1)
Access in Time	26	(1)
Access in Space	26	(1)
Patron Records	27	(1)
Copying	28	(1)
Developing an Electronic Reserves Legal Policy	29	(4)
Subsequent Semesters	29	(1)
Storage	30	(1)
Limited Access	31	(1)
Confidentiality of Patron Records	31	(1)
Copyright Warning	32	(1)
Responsibility for Seeking Permissions	32	(1)
Library Portion of Permission Fees	32	(1)
Use While Seeking Permissions	32	(1)
Limits on Amount of Material from Each Title, Etc.	33	(1)
Explaining Copyright to Instructors	33	(1)
Negotiating Permissions for Electronic Reserve Use	33	(1)
Negotiating Database Contracts to Provide for Electronic Reserve Use	34	(1)
Cases	34	(1)
Current Legislative Issues	35	(2)
TEACH Act	35	(1)
UCITA	35	(1)
DMCA	35	(2)
Electronic Delivery of Interlibrary Loan	37	(8)
Electronic vs. Physical Delivery of Interlibrary Loan	37	(4)
Location and Access	38	(1)
Circulation	39	(1)
Use of Service	40	(1)
Patron Records	40	(1)
Copying	40	(1)
Developing an Interlibrary Loan Legal Policy	41	(1)
The Suggestion of Five	41	(1)
Secure Delivery System	41	(1)
Confidentiality of Records	41	(1)
Copyright Notices	41	(1)
Fees	42	(1)
Negotiating Permissions for Interlibrary Loan Use	42	(1)
Negotiating Database Contracts for Interlibrary Loan Use	43	(1)
Cases	43	(1)
Current Legislative Issues	44	(1)
UCITA	44	(1)
USA PATRIOT Act	44	(1)
Conclusion	45	(2)
Appendix 1: Copyright Law	47	(24)
Section 107. Limitations on Exclusive Rights: Fair Use	47	(1)
Section 108. Limitations on Exclusive Rights: Reproduction by Libraries and Archives	48	(4)
Section 109. Limitations on Exclusive Rights: Effect of Transfer of Particular Copy or Phonorecord	52	(2)
Section 110. Limitations on Exclusive Rights: Exemption of Certain Performances and Displays	54	(4)
Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals	58	(3)
Guidelines	58	(3)
CONTU Guidelines on Photocopying Under Interlibrary Loan Arrangements	61	(2)
CONFU Fair-Use Guidelines for Electronic Reserve Systems (Not Approved by All Parties; for Guidance Only)	63	(4)
American Library Association Model Policy Concerning College and University Photocopying for Classroom, Research and Library Reserve Use (Section on Reserves)	67	(4)
Appendix 2: Public Domain and Free E-Material	71	(4)
The Public Domain	71	(1)
Sources of Electronic Out-of-Copyright Material	71	(4)
Appendix 3: Tools	75	(4)
Sources of Permissions	75	(1)
Copyright Resources on the Web	76	(1)
Reserves Resources	76	(1)
Interlibrary Loan Resources	77	(1)
List-Servs and Discussion Groups	77	(2)
Bibliography	79	(4)
Cases Cited	79	(1)
Works Cited	79	(4)
Index	83