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The Good, The Bad & The (Potentially) Ugly: Perils & Pitfalls of EReserves in Libraries

The Good, The Bad & The (Potentially) Ugly: Perils & Pitfalls of E-Reserves in Libraries
E-Reserves are becoming more and more popular, particularly in Academic & Special Libraries and for good reasons.

The Good, The Bad & The (Potentially) Ugly: Perils & Pitfalls of E-Reserves in Libraries
The Good

E-Reserves are available 24 hours a day, 7 days a week

Libraries save $ on supplies like paper and toner

Students do not have to go to the physical library and make a personal copy

Students do not have to wait if reserve materials are being used by another student

Students do not have to wait if the librarys copier is being used

The Good, The Bad & The (Potentially) Ugly: Perils & Pitfalls of E-Reserves in Libraries
The Good E-Reserves are more versatile since they can be printed, downloaded or read on a computer screen (Melamut, page 161)

Libraries can easily track usage numbers, thus providing vital information on which materials are being used (specially important when it comes time for renewals)

Reserve materials are no longer subject to theft or damage

Libraries can free up filing cabinets by storing materials electronically

The Good, The Bad & The (Potentially) Ugly: Perils & Pitfalls of E-Reserves in Libraries
The Bad License agreements need to be read thoroughly - many publishers exclude the use of their materials in e-reserves. Library staff must work together to be certain that the license agreements do not preclude rights to make materials available (American Library Association)

Library must have the appropriate technology to provide ereserves

Library must have the staff to provide e-reserves, including the technical skills necessary

The Good, The Bad & The (Potentially) Ugly: Perils & Pitfalls of E-Reserves in Libraries
The Bad Copyright/Fair Use warning must be posted to students to avoid misappropriate use as has been pointed out that The Internet is really just a big photocopier. If you think about it in those terms, you understand why it creates copyright issues (Anonymous Apr 8, 2011 pg 3)

Libraries must remember that from a copyright law perspective, there is no distinction between paper reserves and e-reserves. The same fair use guidelines applyif the particular use of content doesnt meet the fair use criteria in hard copy form, it is unlikely to be considered fair use in digitized form (Copyright Clearance Center pg 2)

The Good, The Bad & The (Potentially) Ugly: Perils & Pitfalls of E-Reserves in Libraries

And the (Potentially) Ugly


A lawsuit against Georgia State University is currently being battled on behalf of Georgia State University was sued by three publishers of academic journals: SAGE publications, Oxford University Press and Cambridge University Press

The lawsuit was filed on April 15, 2008 and stresses that while many U.S. college and universities work with university press and other publishers to ensure their uses of published materials are in accordance with U.S. copyright law, the lawsuit that GSU has flatly rebuffed efforts to reach similar agreements (Anonymous April 4, 2008)

The Good, The Bad &

The (Potentially) Ugly: Perils & Pitfalls of E-Reserves in Libraries


And the (Potentially) Ugly

Georgia State University was sued by three publishers of academic journals; SAGE publications, Oxford University Press and Cambridge University Press on April 15, 2008

The lawsuit said Georgia State University infringed on copyright laws by sharing copyrighted material with students via electronic reserves, course Web sites, and other means which exceeded fair use (Parry and Howard)

Some of the other means include departmental web pages and hyperlinked course syllabi (Talab)

The defendants include the Universitys president, members of the Universitys Board of Regents and the dean of the libraries

The Good, The Bad & The (Potentially) Ugly: Perils & Pitfalls of E-Reserves in Libraries

And the (Potentially) Ugly Another point of contention for the publishers is their perception that Georgia State Universitys policies endorses the unlicensed copying of up to twenty percent of a work - a benchmark that would countenance unlicensed excepts ofeven hundreds of pages from a given work (Talab)

Furthermore, the three publishers charge that the University policies regarding electronic reserves and the like violate even the Universitys own lax policies (Talab)

The Good, The Bad & The (Potentially) Ugly: Perils & Pitfalls of E-Reserves in Libraries

And the (Potentially) Ugly The publishers claims that the university engaged in systematic, widespread, and unauthorized copying and distribution of a vast amount of copyrighted works (Parry and Howard)

The publishers also are pushing for the Georgia State University to make the university legally responsible for policing and copying and sharing that takes place on it systems or computers (Parry and Howard)

The Good, The Bad & The (Potentially) Ugly: Perils & Pitfalls of E-Reserves in Libraries Lessons Learned

Library staff as well as faculty needs to learn that the biggest thing we need to understand is that just because something is technologically possible doesnt mean its legal (Anonymous Apr 4, 2008)

Or take this into consideration: The Internet is really just a big photocopier (Anonymous April 4, 2008) and that is where many problems arise with copyright compliance

The Good, The Bad & The (Potentially) Ugly: Perils & Pitfalls of E-Reserves in Libraries Where to learn more

Learn about Copyright issues in the Know Your Copyrights FAQS as provided by the Association of Research Libraries at http://www.knowyourcopyrights.org/bm~doc/kycrfaq.pdf The Copyright Clearance Center also has numerous information on copyright laws, such as a description of Fair Use http://www.copyright.gov/fls/fl102.html as well as electronic reserves as well as and electronic reserves http://www.copyright.com/media/pdfs/Using-ElectronicReserves.pdf
The American Library Association provides guidelines on Fair Use and Electronic Reserves at http://www.ala.org/ala/issuesadvocacy/copyright/fairuse/ fairuseandelectronicreserves/index.cfm

Annotated Bibliography

Anynomous (Apr 16, 2008).Publishers Take Action Against Georgia State University Copyright Infringment. U.S. Newswire. The author lists details of the on-going trial of 3 academic publishers against Georgia State University. The publishers are suing over what they percieve as the universitys disregard for Fair Use in their electronic reserves, deparmentmal web pages and the like. Talab gives details of the examples the publishers have used in their case against Georgia Statue University. These include: no passwords required for electronic reserves, policies not being enforced, numberous chapters of print books offered for mutliple semesters, and takes to task the Universitys copyright policies. Anynomous (Apr 16, 2008). The Law, Digitally Speaking. The Chronicle of Higher Eduction. 54(30): B14This article covers the ever-changing electronic technologies in todays world and how libraries are using computers and the Internet to perform educational outreach. The author, who works at Indiana University, futher discusses publishers conserns over e-reserves.

Annotated Bibliography
Parry, M., Howard, J. (2011, May 11). 2 Universities Under the Gun: Publishers Take Action Against Georgia State U., while video producers sue UCLA. The Chronicle of Higher Education. Retrieved 10/17/2011 from http://chronicle.com/article/2Universities-Under-the-Legal/127688/
Parry and Howard give a brief synopsis of the current lawsuit against Georgia State University, as well as a lawsuit filed in December 2010 against UCLA by a media group also about copyright infrigement. The authors talk about the people at UCLA who are the defendants. Parry and Howard also give a summary on what he publishers are asking UCLA for. Talab, R. (Jul/Aug 2008).Using Digital Materials in Online Courses: A Cautionary Tale of Georgia State University. Tech Trends. 52(4):30-32
The author lists details of the on-going trial of 3 academic publishers against Georgia State University. The publishers are suing over what they percieve as the universitys disregard for Fair Use in their electronic reserves, deparmentmal web pages and the like. Talab gives details of the examples the publishers have used in their case against Georgia Statue University. These include: no passwords required for electronic reserves, policies not being enforced, numberous chapters of print books offered for mutliple semesters, and takes to task the Universitys copyright policies.

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