Legal Solutions in Electronic Reserves and the Electronic Delivery of Interlibrary Loan
by Janet Brennan Croft
Haworth Press, 2004; published simultaneously as a monograph and as v.14 #3 of Journal of Interlibrary Loan, Document Delivery & Electronic Reserve. To order direct from Haworth, click here. To order from Amazon, click here.
If your institution subscribes to Haworth Publications, you may be able to read the electronic version here.
What legal issues arise because of the differences between physical and electronic reserves, and between the physical and electronic delivery of interlibrary loan? This book is designed to guide the practitioner through the process of developing legal policies for electronic reserves and electronic ILL delivery. I begin with an overview of copyright and confidentiality laws, with copyright the primary focus; I then examine the philosophy and regulations behind the guidelines for these popular library services; and finally I suggest questions to be addressed in library policies. This book emphasizes that librarians should make every effort to defend their patrons' rights and exceptions, and to negotiate favorable contracts for electronic resources. Included are the texts of the most important laws and guidelines, a list of important cases, information on pending legislation, and a bibliography of useful print and internet resources for the practitioner. (Please note the author is not a lawyer, and you should always consult your institution's own lawyer if you have legal questions.)
|“IMPORTANT READING. . . . A handy reference guide to basic principles, key concerns, and emerging developments—including hot topics like privacy and confidentiality.”|
|“This is A TIMELY TEXT that will help new practitioners and any manager hard-pressed to keep up with legislative changes. While geared to academic libraries, the legislative review, pertinent legal content, and tips and tools covered in this informative text will also be helpful to public and special librarians. Publishers worried about open access to their copyrighted material would do well to read it as well, as it should reassure them about current library practices in ILL and Reserves. It is great to see a book that treats these topics in an integrated fashion as the issues covered can impact both ILL and Reserves.”|
"Librarians in charge of electronic reserves and interlibrary loan need to be well-versed in copyright law... Croft explores the topic in Legal Solutions."
- Cathleen Bourdon, in "Librarian's Library", American Libraries, January 2005.
"...a USEFUL ADDITION to the shelves of academic libraries ... a basic primer for capturing the essence of the increasingly complex and rapidly changing technological and legal landscape of electronic reserves and electronic delivery."
- Logan Ludwig, in The Leading Edge, newsletter of the Leadership and Management Section of the Medical Library Association, April 2005
" ...excellent summaries...a QUICK PRIMER for those concerned with copyright and electronic information in libraries...succinct overview of the issues..."
- Gwen Gregory, "The New Set of Electronic Rules," Information Today, March 2005.
"...comprehensive explanation of copyright law ... the bibliography is a goldmine ... an indispensable reference tool."
- Emily "Kathy" Coughlin, in Community and Junior College Libraries, 13.1 (2004)
NEW MATERIALS (NOT IN BOOK)
ARL Report on Electronic Reserves and Fair Use: http://www.arl.org/newsltr/232/ereserves.html
University of Minnesota copyright decision-making tree: http://www.lib.umn.edu/copyright/map.phtml
Copyright on the Internet: http://www.fplc.edu/tfield/copynet.htm
The Campus Guide to Copyright Compliance: http://www.copyrightoncampus.com/
The Public Domain:
When Works Pass Into the Public Domain: http://www.unc.edu/~unclng/public-d.htm
Laura Gasaway’s detailed chart helps you navigate the muddy waters of copyright expiration. It has been updated to show the effects of the “Sonny Bono Act” on copyright terms.
Sources of electronic out-of-copyright material:
There are many sources online for public-domain e-books and shorter works, both fiction and non-fiction. In some cases a link to one of these resources could satisfy an electronic reserve or interlibrary loan request with no need to be concerned about fair use – providing a link to publicly available material is not a violation of copyright law. Many sites even have very obscure or foreign language resources. A caveat: Project Gutenberg of Australia is subject to a different schedule of copyright expiration. Items which may be legal to display on their site may not be legal to display on a US site. The difficulty of disentangling jurisdiction may protect you, but the safest thing to do is run them through Gasaway’s public domain chart before linking.
Blackmask Online: http://www.blackmask.com/page.php
A well-arranged site including nearly 13,000 titles; fiction, non-fiction, European languages, Oriental languages in translation, children’s books.
The Online Book Page: http://onlinebooks.library.upenn.edu/
University of Pennsylvania’s listing of over 20,000 free books on the web, English-language only.
Project Gutenberg: http://promo.net/pg/
Over 6000 free e-texts.
University of Virginia’s EText Center: http://etext.lib.virginia.edu/ebooks/
Over 1800 books. Includes African-American, Native American, and Civil War collections.
Reference, verse, fiction, nonfiction.
The University of Adelaide’s collection of over 500 texts.
Project Gutenberg Australia: http://promo.net/pg/pgau.html
Note their disclaimer: works by authors who died before 1951 are in the public domain in Australia, but not in the United States or many other countries.
The Latin Library: http://www.thelatinlibrary.com/
Books in Latin
Christian Classics Ethereal Library: http://www.ccel.org/
Multi-denominational; fiction, nonfiction, apologetics, translations.
An Online Library of Literature: http://www.literature.org
A small selection of classic authors.
Perseus Digital Library: http://www.perseus.tufts.edu/
Primarily classical and English renaissance texts, but also some American and other history.
International Children’s Digital Library: http://www.icdlbooks.org/
Alex Catalog of Electronic Texts: http://www.infomotions.com/alex/
English and American literature, philosophy.
Victorian Women Writers Project: http://www.indiana.edu/~letrs/vwwp/
Academy of American Poets: http://www.poets.org/index.cfm
American Verse Project: http://www.hti.umich.edu/a/amverse/
19th Century Women’s Poetry: http://www.unl.edu/legacy/19cwww/books/elibe/poetry.htm#list
Sources of Permissions:
Copyright Clearance Center, Inc.: http://www.copyright.com/
The major source for permissions for print materials.
Copyright Office Records: http://www.copyright.gov/records/
Search records back to 1978 for copyrighted material in a number of categories. Also see http://www.copyright.gov/circs/circ22.html for instructions on how to search a copyright.
Music Publisher’s Association: http://www.mpa.org/copyright/searchenter.html
This site can help you find the publisher for a piece of music; it searches the archives of the three major music rights suppliers (ASCAP, BMI, and SESAC) at once.
Getting Permission: http://www.utsystem.edu/ogc/intellectualproperty/permissn.htm
The ever-helpful UT site on copyright includes an extensive list of permission sources, including sources for materials other than print and music. Try this if it isn’t available through the sources listed above.
Copyright Resources on the web:
United States Copyright Office: http://www.loc.gov/copyright/
An excellent source of authoritative information all in one place. Includes text of all relevant laws, information about pending legislation, how to register items for copyright, and much more.
Legal Information Institute: http://www4.law.cornell.edu/uscode/17/
Includes not just the text of the US Code on Copyrights, but also notes, updates, and other references.
Copyright Quickguide: http://www.copyright.iupui.edu/quickguide.htm
Indiana University/Purdue University at Indianapolis; Kenneth Crews’ guide to copyright for educators.
Coalition for Networked Information: http://www.cni.org
Especially useful is a collection of American Library Association policies at http://www.cni.org/docs/infopols/ALA.html, including copyright, ILL, confidentiality, and freedom to read.
Stanford University Libraries Copyright and Fair Use page: http://fairuse.stanford.edu/index.html
A wealth of useful information, including a list of copyright cases relevant to libraries.
Copyright Crash Course: http://www.utsystem.edu/OGC/IntellectualProperty/cprtindx.htm
Georgia Harper’s University of Texas page.
Library Law: http://www.librarylaw.com/index.html
Mary Minow’s wide-ranging site on all aspects of library law.
Electronic Reserves Clearinghouse: http://www.mville.edu/administration/Staff/Jeff_Rosedale/
An extensive and up-to-date list of links on many aspects of electronic reserves. Includes links to sample policies.
Copyright and Electronic Reserves: http://www.utsystem.edu/ogc/intellectualproperty/ereserve.htm
Georgia Harper’s overview of copyright and electronic reserves is an excellent resource for librarians and faculty alike.
ReserveWeb Links: http://reserveweb.bard.edu/links.htm
A nice list of links from Bard College.
Music Library Association Guidelines: http://www.lib.jmu.edu/org/mla/Guidelines/
Includes guidelines for both electronic and physical reserves for music.
Interlibrary Loan Resources:
ILLWeb Codes and Guidelines: http://www.illweb.org/codes.htm
Links to all the relevant guidelines in one place.
IFLANET Interlibrary loan links: http://www.ifla.org/II/ill.htm
Copyright in the Library: Interlibrary Loan
Georgia Harper’s UT site.
List-servs and Discussion Groups:
Licensing issues, including negotiating contracts.
Association of Research Libraries Electronic Reserves Discussion List:
Send an email with SUBSCRIBE in the subject line.
Docutek E-Res Users Group: email@example.com
A good source of information on e-reserves, even if you do not use E-Res. Send an email with SUBSCRIBE in the subject line.
CNI Copyright Forum: http://www.cni.org/Hforums/cni-copyright/
Specifically devoted to copyright issues.
A very active international ILL discussion list. Send message saying “subscribe ILL-L firstname lastname”.
For discussion of the ARIEL ILL electronic
document delivery system
Updated 3/28/2006 Janet B. Croft