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MEDLIB-L  May 2003, Week 3

MEDLIB-L May 2003, Week 3

Subject:

Re: CHAT: copyright fair use

From:

"Judith Siess, Information Bridges Intl" <[log in to unmask]>

Reply-To:

Judith Siess, Information Bridges Intl

Date:

Thu, 15 May 2003 10:54:12 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (108 lines)

Scott,

I thought that fair use applied in not for profits, but does not in
for-profits (thanks to Texaco not taking their case to the Supreme Court).
I'm not surprised that CCC is trying to collect more than their "fair"
share, but this is even ridiculous for them!

Judy



At 08:45 AM 5/15/2003 -0500, you wrote:
>The CCC provides a valuable service in facilitating payments to copyright
>holders when those payments are appropriate.  Unfortunately, they have a
>history of being far too aggressive in attempting to collect payments for
>copying that clearly falls within the parameters of fair use.  It is
>simply not true that "Fair use has never been defined."  The parameters of
>fair use are clearly outlined in the copyright statute and the specific
>guidelines for libraries are clearly outlined in Circular 21
>(<http://www.copyright.gov/circs/circ21.pdf>http://www.copyright.gov/circs/circ21.pdf).
>It is equally untrue that "There is no fair use in a corporation" (and I
>am particularly appalled that a CCC rep would make such a statement --
>they are usually more subtle).  While a for-profit institution needs to be
>careful in applying the four factors of fair use because of the commercial
>aspect, the copyright law contains no language whatsoever that would
>prohibit any organization from exercising fair use simply because it is a
>corporation.
>
>I would recommend simply not including fair use copying in your
>survey.  While it is very important to be sure that you are paying
>appropriate royalties for systematic copying or multiple copying (for CE,
>for example), you should not pay for fair use copying and, unfortunately,
>you cannot rely on the CCC to help you distinguish between the two.
>
>One note of caution when dealing with your institution's attorney -- if he
>or she does not have a background in copyright law, they are likely to err
>on what they perceive to be the side of caution and side with the CCC just
>to be safe (their primary responsibility, after all, is to keep the
>institution from being sued or from running afoul of government
>regulation).  Be sure that when you talk with them you have the relevant
>sections of the copyright law (sections 107 and 108 of Chapter 1 --
><http://www.copyright.gov/title17/92chap1.html>http://www.copyright.gov/title17/92chap1.html)
>and Circular 21 in hand.
>
>
>T. Scott Plutchak
>
>Director, Lister Hill Library of the Health Sciences
>University of Alabama at Birmingham
>
>[log in to unmask]
>-----Original Message-----
>From: Wrigley, Kathryn [mailto:[log in to unmask]]
>Sent: Wednesday, May 14, 2003 4:09 PM
>To: [log in to unmask]
>Subject: CHAT: copyright fair use
>
>Our hospital purchased an Authorization Service Repertory License from the
>Copyright Clearance Center a couple of years ago.  It is quite
>expensive.  As per the license agreement, we were asked to conduct a
>2-month survey.  This consists of having everyone who "photocopies
>published material" make an extra copy of the first page and affix a
>sticker which notes the date of publication and the number of copies
>made.  Six weeks into this process, I reviewed the survey copies because I
>was curious.  Everything in the library's collection box was the first
>page of an article or segment from a book.  Everything was one copy.  In
>my book, that shouts "fair use."  So I emailed the CCC and told them what
>I had discovered and asked them to explain to me how fair use was
>incorporated in their algorithm for calculating the price of the
>license.  Silence for about 2 weeks.  Then I received a voice mail message
>(I was out of the Library) which stunned me.  This person has not seen a
>single sheet of paper generated from the survey.  The comment: "none of
>them is fair use.  Fair use has never been defined. There is no fair use
>in a corporation."
>
>We are a 500+ bed non-profit incorporated Catholic teaching hospital, with
>4 accredited allied health schools and we are the academic library for our
>Illinois Board of Education-recognized baccalaureate nursing college.  I
>will certainly return the call and discuss this.  Either this is a sales
>line or shocking ignorance or some of both.  If they cannot explain how
>they account for fair use in their charging and include language to that
>effect in their license, I intend to lobby Administration for
>discontinuing the license.  Others out there that have been there and done
>that?
>
>Kitty Wrigley
>Director, Health Sciences Library
>St. John's Hospital
>800 E. Carpenter
>Springfield, IL 62769
>217-544-6464  x44567
>[log in to unmask]
>

Judith A. Siess, B.A., M.A., M.S.L.I.S.
INFORMATION BRIDGES INTERNATIONAL, INC.  /I\B/I\
477 Harris Road, Cleveland, Ohio 44143 USA
voice: +1-216-486-7443, fax: +1-216-486-8810, email: [log in to unmask],
on the web at http://www.ibi-opl.com
Publisher and Editor of The One-Person Library: A Newsletter for Librarians
and Management
Author of The OPL Sourcebook: A Guide for Solo and Small Libraries,
Information Today, Inc., 2001, ISBN 1-57387-111-7
Time Management, Planning and Prioritization for Librarians, Scarecrow
Press, 2002, ISBN 0-8108-4438-9
The Visible Librarian: Asserting Your Value With Marketing and Advocacy,
ALA Editions, 2003, ISBN 0-8389-0848-9

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June 2004, Week 1
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April 2004, Week 5
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April 2004, Week 1
March 2004, Week 5
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January 2004, Week 1
December 2003, Week 5
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December 2003, Week 3
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December 2003, Week 1
November 2003, Week 5
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November 2003, Week 1
October 2003, Week 5
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September 2003, Week 5
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June 2003, Week 1
May 2003, Week 5
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April 2003, Week 5
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April 2003, Week 1
March 2003, Week 5
March 2003, Week 4
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March 2003, Week 1
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February 2003, Week 1
January 2003, Week 5
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January 2003, Week 1
December 2002, Week 5
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December 2002, Week 3
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December 2002, Week 1
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October 2002, Week 5
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June 2002, Week 5
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March 2002, Week 5
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December 2001, Week 5
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April 2001, Week 3
April 2001, Week 2
April 2001, Week 1
March 2001, Week 5
March 2001, Week 4
March 2001, Week 3
March 2001, Week 2
March 2001, Week 1
February 2001, Week 4
February 2001, Week 3
February 2001, Week 2
February 2001, Week 1
January 2001, Week 5
January 2001, Week 4
January 2001, Week 3
January 2001, Week 2
January 2001, Week 1
December 2000, Week 5
December 2000, Week 4
December 2000, Week 3
December 2000, Week 2
December 2000, Week 1
November 2000, Week 5
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November 2000, Week 2
November 2000, Week 1
October 2000, Week 5
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October 2000, Week 3
October 2000, Week 2
October 2000, Week 1
September 2000, Week 5
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September 2000, Week 3
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April 2000, Week 3
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April 2000, Week 1
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March 2000, Week 3
March 2000, Week 2
March 2000, Week 1
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February 2000, Week 4
February 2000, Week 3
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February 2000, Week 1
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January 2000, Week 3
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January 2000, Week 1
December 1999, Week 5
December 1999, Week 4
December 1999, Week 3
December 1999, Week 2
December 1999, Week 1
November 1999, Week 5
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November 1999, Week 1
October 1999, Week 5
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October 1999, Week 3
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October 1999, Week 1
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December 1998, Week 5
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December 1998, Week 3
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December 1998, Week 1
November 1998, Week 5
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June 1998, Week 5
June 1998, Week 4
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May 1998, Week 5
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May 1998, Week 1
April 1998, Week 5
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April 1998, Week 3
April 1998, Week 2
April 1998, Week 1
March 1998, Week 5
March 1998, Week 4
March 1998, Week 3
March 1998, Week 2
March 1998, Week 1
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February 1998, Week 3
February 1998, Week 2
February 1998, Week 1
January 1998, Week 5
January 1998, Week 4
January 1998, Week 3
January 1998, Week 2
January 1998, Week 1
December 1997, Week 5
December 1997, Week 4
December 1997, Week 3
December 1997, Week 2
December 1997, Week 1
November 1997, Week 5
November 1997, Week 4
November 1997, Week 3
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November 1997, Week 1
October 1997, Week 5
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October 1997, Week 3
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October 1997, Week 1
September 1997, Week 5
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September 1997, Week 1
August 1997, Week 5
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April 1997, Week 5
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April 1997, Week 1
March 1997, Week 5
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March 1997, Week 1
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February 1997, Week 1
January 1997, Week 5
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January 1997, Week 3
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December 1996, Week 5
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December 1995, Week 5
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May 1995, Week 3
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May 1995, Week 1
April 1995, Week 5
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April 1995, Week 1
March 1995, Week 5
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February 1995, Week 1
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December 1994, Week 5
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September 1994, Week 1
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