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MEDLIB-L  May 2003, Week 3

MEDLIB-L May 2003, Week 3

Subject:

Re: CHAT: copyright fair use

From:

Theresa S Arndt <[log in to unmask]>

Reply-To:

Theresa S Arndt <[log in to unmask]>

Date:

Thu, 15 May 2003 08:27:48 -0400

Content-Type:

TEXT/PLAIN

Parts/Attachments:

Parts/Attachments

TEXT/PLAIN (59 lines)

I suggest you talk with your hospital's attorney.  I personally find CCC's
statement quite extraordinary, but I think your institution's legal people
should help you decide how fair use applies in your specific
circumstances.  There is disagreement on the interpretation of
fair use, but it certainly does exist as part of US Law!  (Title 17 USC
section 107 -- http://www.loc.gov/copyright/title17/).

My understanding is that CCC is extremely conservative in pushing for
payment of all use.  Considering they collect the payments, there is
certainly a potential for bias in their opinion.

**************************
Theresa Arndt, MLS
Taubman Medical Library, University of Michigan
1135 East Catherine St 0726, Ann Arbor, MI  48109-2038
voice: 734-936-1397    fax:   734-763-1473
email: [log in to unmask]


On Wed, 14 May 2003, Wrigley, Kathryn wrote:

> 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]
>
>

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December 2001, Week 5
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December 1999, Week 5
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December 1998, Week 5
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January 1998, Week 5
January 1998, Week 4
January 1998, Week 3
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January 1998, Week 1
December 1997, Week 5
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December 1997, Week 3
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December 1995, Week 5
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