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Thank you so much, Oscar.  This has more specificity than we typically see as we each do our best to interpret copyright law. It almost feels luxuriously specific!

Much appreciated,
Elizabeth 



-----Original Message-----
From: Medical Libraries Discussion List <[log in to unmask]> On Behalf Of Oscar Andrade
Sent: Tuesday, July 23, 2019 11:33 AM
To: [log in to unmask]
Subject: Re: copyright question

This question came up before a few years back.

Legal decision on how much material faculty can copy from a textbook: (1 Chapter or 10%)

"This supports a fair use finding in that the each chapter has a unique value to the instructor. However, the court put limits on this factor, setting a fairly specific limit of 10% of a book with less than 10 chapters, or one chapter of a book containing more than 10 chapters as being consistent with fair use."

This applies in the USA but similar restrictions apply to Europe.

http://newsbreaks.infotoday.com/NewsBreaks/Georgia-State-University-Copyright-Decision-IssuedNew-Rules-for-Users-and-Publishers-82676.asp


Oscar Andrade, MS., MLIS
Librarian, Supervisor of Library Services Saint James School of Medicine
1-847-375-9130


-----Original Message-----
From: Medical Libraries Discussion List [mailto:[log in to unmask]] On Behalf Of Truex, Eleanor
Sent: Monday, July 22, 2019 2:12 PM
To: [log in to unmask]
Subject: Re: copyright question

I'd take a different tack: why are YOU responsible for copying and printing this out for a class? Do you teach this class? In other words, why is this your responsibility?  Students can purchase the book or buy a book and share it (whether that involves copying, I will leave to others to determine), or the instructor can provide books and increase the price of the class (very reliant on the structure of the university or hospital, of course, but for many ACLS-type classes, the workbook is provided, but included in the cost of the class. Yours is a different scenario, but I'm just saying).

But, if given all that, this is your responsibility, I'd get permission.

Eleanor Truex, BSN, RN, MLIS
Medical Librarian, Chicago-Metro Region


Saint Joseph Hospital
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Chicago, IL  60657
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Saint Francis Hospital
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Evanston, IL 60602
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Saints Mary and Elizabeth Medical Center
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-----Original Message-----
From: Medical Libraries Discussion List [mailto:[log in to unmask]] On Behalf Of Paul Tremblay
Sent: Monday, July 22, 2019 11:21 AM
To: [log in to unmask]
Subject: Re: copyright question

*** Attention: This was sent from an external email address. Use caution responding, opening attachments, or clicking on links. ***

Margaret is right: as per the TEACH Act, you may copy/distribute parts of the whole (bigger requires permission), but only for one semester and the Act mandates you to delete any electronic trace of the PDF after the semester ends. As this is not the case here, I think only permission would be your safest bet (not sure if they would give it, though).

On Mon, Jul 22, 2019 at 12:06 PM Vugrin, Margaret < [log in to unmask]> wrote:

> I think if students are given the link as part of a closed group might 
> be a way to use this educationally. However, I think this could be for 
> only one semester and then you have to change.  Please correct if I'm 
> not correct on this. thanks
>
>
> Margaret Vugrin, MSLS, AHIP, MPH, MPA
> Reference/Research Librarian
> Texas Tech University Health Sciences Library
> 3601 4th, MS7781
> Lubbock, TX 79430
>
> [log in to unmask]
> P 806-743-2241
>
> ´╗┐On 7/22/2019, 11:03 AM, "Medical Libraries Discussion List on behalf 
> of Elizabeth Wright, MLS" <[log in to unmask] on behalf of 
> [log in to unmask]> wrote:
>
>     CAUTION: This email originated from outside of TTUHSC. Do not 
> click links or open attachments unless you recognize the sender and 
> know the content is safe.
>
>
>     Thank you, Paul, and everyone else who has kindly chimed in.  As 
> suspected, no one is seeing a strong case here for fair use.
>
>     I appreciate the backup!
>
>     Elizabeth
>
>
>
>     From: Paul Tremblay <[log in to unmask]>
>     Sent: Monday, July 22, 2019 10:54 AM
>     To: Elizabeth Wright, MLS <[log in to unmask]>
>     Cc: [log in to unmask]
>     Subject: Re: copyright question
>
>
>     There is no "amount" mentioned or permitted, per se, in section
> 107 (Fair Use). Or, for that matter, in section 110 dealing with 
> educational and pedagogical settings. A judge would examine if the 
> heart and soul of a book (fiction or nonfiction) has been unduly 
> copied and distributed.
>     I would venture that 20% is a sizable amount, this being said. To 
> copy and distribute (in print or online, as per the TEACH Act) 30 
> chapters of a total of 140 would titillate an IP attorney's interest, 
> that's for sure.
>     Another concern is the licensing: if you have purchased an e-book 
> and the licensing agreement is that no copy, whatsoever, of the 
> monograph be distributed (individual purchase, for instance), then 
> that's looking for trouble. However, if you have purchased a license 
> which ALLOWS you to do just that (an e-book which can be 
> viewed/printed off-campus or on-campus, for instance), so you're in 
> the clear.
>     If it is a print book, it is doubtful that 20% of the entire book 
> be permitted to be copied and distributed freely. For all intents and 
> purposes, when a library purchases a print book, you purchase a 
> one-user license.
>     Sorry if the answer is confusing. Bottom line: No, I don't think 
> it's legal.
>
>     Paul Tremblay
>     NYCPM
>
>     On Mon, Jul 22, 2019 at 11:43 AM Elizabeth Wright, MLS <
> [log in to unmask]<mailto:
> [log in to unmask]>> wrote:
>     Hi everyone,
>
>     Can someone refresh my understanding of what copyright may or may 
> not allow in the following situation?  In a non-profit educational 
> setting, is it permissible to copy 20% of a book's content (30 of 140
> chapters) to distribute to the students of a class over the course of 
> the term?  The library purchased a single copy of the title in print.
> My fair use concerns relate to "amount and substantiality" and "effect 
> on the potential market".
>
>     Any insight & feedback is appreciated.
>
>     Thank you,
>     Elizabeth
>
>     Elizabeth Wright, MLS, AHIP
>     Director of Library Services
>     Arkansas Colleges of Health Education
>     ACHE Library
>     7000 Chad Colley Blvd.
>     Fort Smith, AR 72916
>     (479) 308-2303
>     [log in to unmask]<mailto:[log in to unmask]
> ><mailto:[log in to unmask]<mailto:[log in to unmask]
> >org
> >>
>
>
>     --
>     ...you can't fight in here, this is a war room..."
>     President in Dr. Strangelove
>
>     "...we're not here to have fun, we're here to enjoy ourselves."
>     Frasier in Cheers
>
>
>

--
...you can't fight in here, this is a war room..."
President in Dr. Strangelove

"...we're not here to have fun, we're here to enjoy ourselves."
Frasier in Cheers


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