This may be of help in this regard

FAIR USE UNDER COPYRIGHT LAW

https://sites.google.com/site/fairuseundercopyrightlaw/

Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@temple.edu

On Thu, 24 Aug 2017, Williams, Ginger wrote:

>
> No. I highly recommend that you read up on fair use. It’s governed by Section 107 of the Copyright
> Act, which is designed to protect the rights of copyright holders (i.e., authors and the publishers
> to whom they’ve assigned rights). Saying “fair use” does not give you a free pass to violate
> contracts. Instead, you should be arguing to include a fair use clause in your contracts; however,
> even a fair use clause only provides limited rights. More information on fair use is available at
> https://www.copyright.gov/fair-use/more-info.html. Please do some reading.
>
>  
>
> Ginger
>
>  
>
> Virginia Kay Williams
>
> Head Acquisitions Librarian
>
> Texas State University
>
> (512)245-3009
>
> Vkw11@txstate.edu
>
>  
>
>  
>
>  
>
> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of
> MSaunders@GALLERY.CA
> Sent: Thursday, August 24, 2017 8:59 AM
> To: SERIALST@LISTSERV.NASIG.ORG
> Subject: Re: [SERIALST] question about digital serials access
>
>  
>
> These agreements were set up by these companies to protect their profits. If someone uses a resource
> and no one is profiting from it besides the publisher, wouldn’t that be considered fair use?
>
>  
>
> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of Judith
> Koveleskie
> Sent: August-24-17 9:31 AM
> To: SERIALST@LISTSERV.NASIG.ORG
> Subject: Re: [SERIALST] question about digital serials access
>
>  
>
> Yes.  Absolutely wrong.
>
>
> Judith A. Koveleskie, Serials Librarian
> Seton Hill University, Reeves Memorial Library
> 1 Seton Hill Drive, Greensburg, PA 15601-1548
> 724-838-7828
> This document may contain confidential information and is intended solely for the use of the
> addressee. If you received it in error, please  contact the sender at once and destroy the document.
> The document may contain information subject to restrictions of the Family Educational Rights and
> Privacy and the Gramm-Leach-Bliley Acts. Such information may not be disclosed or used in any fashion
> outside the scope of the service for which you are receiving the information.
>
>  
>
> [uc?export=download&id=0B5sUK8L5L3h8cWpqaW1nYXdFUHc&revid=0B5sUK8L5L3h8SlNQRzJjK1ZubGFPS2phV215Wk0rR
> EtxU21jPQ]
>
>  
>
> On Thu, Aug 24, 2017 at 9:21 AM, Bell, W Michael <Mike-Bell@utc.edu> wrote:
>
> Ethics aside, if you sign a contract you are legally obligated to abide by the agreement.  Ignoring
> laws or rules you don’t like is more than merely unethical, it’s wrong.
>
>  
>
>  
>
> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of
> MSaunders@GALLERY.CA
> Sent: Thursday, August 24, 2017 9:16 AM
> To: SERIALST@LISTSERV.NASIG.ORG
> Subject: Re: [SERIALST] question about digital serials access
>
>  
>
> Are these publishers really being ethical. Or are they taking advantage?
>
>  
>
> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of Leslie
> Burke
> Sent: August-24-17 9:13 AM
> To: SERIALST@LISTSERV.NASIG.ORG
> Subject: Re: [SERIALST] question about digital serials access
>
>  
>
> Ethics?
>
>  
>
> Leslie D. Burke
>
> Collection Development & Digital Integration Librarian, Library
>
> Kalamazoo College
>
> 1200 Academy St
>
> Kalamazoo, MI 49006
>
> p 269.337.7144
>
> f 269.337.7395
>
> Leslie.Burke@kzoo.edu
>
> More in Four. More in a Lifetime.
>
> No one has to do everything, but everyone has to do something – What’s your Green Dot?
>
> LinkedIn: www.linkedin.com/in/leslieburke/
>
> Twitter: librarygal2go; K’s Library on Facebook: https://www.facebook.com/kalamazoocollegelibrary
>
>  
>
> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of
> MSaunders@GALLERY.CA
> Sent: Thursday, August 24, 2017 9:10 AM
> To: SERIALST@LISTSERV.NASIG.ORG
> Subject: Re: [SERIALST] question about digital serials access
>
>  
>
> So, what if you break the rules? Give people access. If it isn’t greatly increasing your user
> statistics, who’s going to know? Do you think the license police are going to show up? – just saying…
>
>  
>
> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of Leslie
> Burke
> Sent: August-24-17 9:04 AM
> To: SERIALST@LISTSERV.NASIG.ORG
> Subject: Re: [SERIALST] question about digital serials access
>
>  
>
> I believe ours is set up that true walk-in guests have access to our resources on guest computers, so
> they can’t get to institutional things other than public ones. If they are affiliated enough to get a
> campus ID, then perhaps that would be what qualifies them as an “authorized user” under the terms of
> the license. I think users can use our free/guest wi-fi which would put them in our IP range, but
> they wouldn’t be connected to the campus network. The IP authentication however, would presumably
> still put them in access to our resources, I think, as walk-ins.
>
>  
>
> Leslie D. Burke
>
> Collection Development & Digital Integration Librarian, Library
>
> Kalamazoo College
>
> 1200 Academy St
>
> Kalamazoo, MI 49006
>
> p 269.337.7144
>
> f 269.337.7395
>
> Leslie.Burke@kzoo.edu
>
> More in Four. More in a Lifetime.
>
> No one has to do everything, but everyone has to do something – What’s your Green Dot?
>
> LinkedIn: www.linkedin.com/in/leslieburke/
>
> Twitter: librarygal2go; K’s Library on Facebook: https://www.facebook.com/kalamazoocollegelibrary
>
>  
>
> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of Cynthia
> Harper
> Sent: Thursday, August 24, 2017 8:57 AM
> To: SERIALST@LISTSERV.NASIG.ORG
> Subject: Re: [SERIALST] question about digital serials access
>
>  
>
> So do others here see a problem with allowing access via the campus network on the campus IP
> addresses to walk-ins?  Or is it typical for the campus network to be unavailable to walk-in users?
> Is the issue whether licenses permit walk-ins, but define them as only on campus computers?
>
>  
>
> Cindy
>
>  
>
> From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On Behalf Of
> Fastmail
> Sent: Wednesday, August 23, 2017 9:35 PM
> To: SERIALST@LISTSERV.NASIG.ORG
> Subject: Re: [SERIALST] question about digital serials access
>
>  
>
> Dear Michael,
>
> Thank you for your specific and detailed reply! This is enormously helpful. Do you think that a very
> large university like Yale could offer a limited number of visitor cards, them call those users
> “university affiliates” and allow them to access eresources from their own computers? My primary
> interest is coming up with a realistic proposal (for a school project) that might eliminate the
> inefficiency created by requiring that visiting scholar bring their own laptops and use eduRoam to
> get a computer anywhere near special collections or comfortable seating, but then requiring that they
> log in to a “home” library account to add money to that account in order to use a scanner or copier
> (which is, of course, very expensive). Heaven forbid they want to print anything—that would require
> using a separate computer belonging to the library. My understanding is that archives and special
> collections the world over end up with people taking photographs with digital cameras, and when
> that’s an easier solution, something is very wrong. 
>
>  
>
> I hope that makes some sense; librarians end up losing a lot of time to explaining an unnecessarily
> difficult process, when you add it all up over the course of a year. As you say, the number of users
> who visit is not large, compared to the total (students + faculty), and as long as they are have come
> all the way to Yale to access its vast collections, it seems to me that there ought to be some way to
> offer access to the ridiculous digital resources as well, especially given that Sterling Library is
> moving towards an all-digital journal collection. I would limit this to users who are on campus, but
> I do dream of allowing them to use their own computers. Do you think that’s at all realistic? Again,
> I am sorry if this is obvious, but I have just begun my education.
>
>  
>
> Thanks again,
>
> Anne-Marie
>
>
> Anne-Marie Lindsey
>
> Library Science and Information Management
>
> iSchool at Syracuse University
>
>
> On Aug 23, 2017, 12:34 PM -0400, Rodriguez, Michael <michael.a.rodriguez@UCONN.EDU>, wrote:
>
>       Hi Lindsey,
>
>        
>
>       Once contractually permitted, alumni access privileges to eresources are easy to
>       configure in EZproxy as long as the alumni category is clearly defined and consistently
>       used in your university’s identity management system (typically CAS and/or LDAP). What
>       our EZproxy service does at UConn, is query CAS to confirm that the user’s NetID is valid
>       and then query LDAP to make sure that the NetID does not match one of the prohibited
>       categories. We maintain separate LDAP categories for affiliated users and for alumni. We
>       have a resource block in our Ezproxy configuration that prohibits affiliated user access
>       to specific eresources. One of my long-term projects is to identify eresources whose
>       licenses already permit alumni access (e.g., Project Muse) and then configure EZproxy to
>       allow alumni access specifically to those eresources, which, again, EZproxy can do easily
>       given a good university infrastructure.
>
>        
>
>       Regarding licensing that permits affiliate and alumni, the LIBLICENSE Model License has
>       excellent language specifically authorizing access by visiting scholars and independent
>       contractors, as well as a nice flexible clause authorizing “any valid ID-holders,” which
>       could be readily interpreted as meaning anyone with valid university credentials. But
>       most vendors are very wary of extending access to alumni—understandably so—and you’d
>       probably get legal pushback and/or price increases from most vendors if you attempted to
>       interpret a license so as to extend alumni access. However, most of UConn’s eresource
>       licenses explicitly permit access for “university affiliates,” who after all constitute a
>       tiny, tiny fraction of our total FTE.
>
>        
>
>       At my prevous organization, alumni access to eresources was funded out of the Alumni
>       Association’s budget.
>
>        
>
>       That may be garbled, but I hope it helps!
>
>        
>
>       Regards,
>
>        
>
>       Michael Rodriguez
>
>       Licensing/Acquisitions Librarian
>
>       University of Connecticut
>
>       369 Fairfield Way U-1005B | Storrs, CT 06269
>
>       michael.a.rodriguez@uconn.edu | 860-486-9325
>
>        
>
>       From: Serials in Libraries Discussion Forum [mailto:SERIALST@LISTSERV.NASIG.ORG] On
>       Behalf Of Melissa Belvadi
>       Sent: Wednesday, August 23, 2017 11:30 AM
>       To: SERIALST@LISTSERV.NASIG.ORG
>       Subject: Re: [SERIALST] question about digital serials access
>
>        
>
>       ​Start reading license agreements. Most explicitly deny this, some charge extra for it
>       (whose budget would that come out of). It's not a technical/logistical issue, but a
>       contractual one, and you have to analyze contract by contract AND then figure out how to
>       provide that remote access to only the ones that are allowed and not the rest.  We tried
>       this once and ended up setting up a second ezproxy server to handle it.  The project
>       basically failed because the alumns who wanted access didn't want what we could provide
>       but just the more expensive journals whose vendors would not allow alum access at all.​
>
>  
>
> Melissa
>
>  
>
> On Wed, Aug 23, 2017 at 11:58 AM, Fastmail <amlindsey@fastmail.com> wrote:
>
>       Hello everyone,
>
>       I am in my first term at the iSchool at Syracuse, so do forgive me if this question
>       is naïve. I would like to know if it is possible to give unaffiliated users access
>       to electronic serials at a very large academic library? 
>
>  
>
> I want to research the practicalities of implementing, for unaffiliated users such as
> visiting scholars, a system similar to the alumni library cards universities like
> Columbia and Yale have in place. I am an alumna of Barnard College, so I have friends
> with Columbia library cards, and I live in New Haven with friends who work at Yale
> Libraries, so I am also aware of Yale’s policies. Would it be possible to offer a paid
> library card system for unaffiliated users that would also offer access to electronic
> journals? Perhaps a limited number of these, to assure only a specific and measurable
> increase in users to subscription serials? I am thinking specifically of a university
> like Yale, where these cards and their users would constitute a very small number,
> compared to the total number of users. My professor fears that vendors would not consider
> this idea to be at all appealing, and would reject it out of hand. She suggested that I
> contact members of this list, as you are the experts!
>
>  
>
> Any ideas or suggestions would be incredibly helpful! I am at a stage in my research
> where I can be very flexible, so please send anything and everything my way.
>
>  
>
> Thanks in advance,
>
> Anne-Marie
>
>
> Anne-Marie Lindsey
>
> Library Science and Information Management
>
> iSchool at Syracuse University
>
>  
>
>  
>
>
> _____________________________________________________________________________________________________
>
>
> To unsubscribe from the SERIALST list, click the following link:
> http://listserv.nasig.org/scripts/wa-NASIG.exe?SUBED1=SERIALST&A=1
>
>
>
>  
>
> --
>
> Melissa Belvadi
>
> Collections Librarian
>
> University of Prince Edward Island
>
> mbelvadi@upei.ca 902-566-0581
>
>  
>
>  
>
>  
>
>
> _____________________________________________________________________________________________________
>
>
> To unsubscribe from the SERIALST list, click the following link:
> http://listserv.nasig.org/scripts/wa-NASIG.exe?SUBED1=SERIALST&A=1
>
>  
>
>
> _____________________________________________________________________________________________________
>
>
> To unsubscribe from the SERIALST list, click the following link:
> http://listserv.nasig.org/scripts/wa-NASIG.exe?SUBED1=SERIALST&A=1
>
>  
>
>
> _____________________________________________________________________________________________________
>
>
> To unsubscribe from the SERIALST list, click the following link:
> http://listserv.nasig.org/scripts/wa-NASIG.exe?SUBED1=SERIALST&A=1
>
>  
>
>
> _____________________________________________________________________________________________________
>
>
> To unsubscribe from the SERIALST list, click the following link:
> http://listserv.nasig.org/scripts/wa-NASIG.exe?SUBED1=SERIALST&A=1
>
>  
>
>
> _____________________________________________________________________________________________________
>
>
> To unsubscribe from the SERIALST list, click the following link:
> http://listserv.nasig.org/scripts/wa-NASIG.exe?SUBED1=SERIALST&A=1
>
>  
>
>
> _____________________________________________________________________________________________________
>
>
> To unsubscribe from the SERIALST list, click the following link:
> http://listserv.nasig.org/scripts/wa-NASIG.exe?SUBED1=SERIALST&A=1
>
>  
>
>
> _____________________________________________________________________________________________________
>
>
> To unsubscribe from the SERIALST list, click the following link:
> http://listserv.nasig.org/scripts/wa-NASIG.exe?SUBED1=SERIALST&A=1
>
>  
>
>
> _____________________________________________________________________________________________________
>
>
> To unsubscribe from the SERIALST list, click the following link:
> http://listserv.nasig.org/scripts/wa-NASIG.exe?SUBED1=SERIALST&A=1
>
>  
>
>  
>
>
> _____________________________________________________________________________________________________
>
>
> To unsubscribe from the SERIALST list, click the following link:
> http://listserv.nasig.org/scripts/wa-NASIG.exe?SUBED1=SERIALST&A=1
>
>  
>
>
> _____________________________________________________________________________________________________
>
>
> To unsubscribe from the SERIALST list, click the following link:
> http://listserv.nasig.org/scripts/wa-NASIG.exe?SUBED1=SERIALST&A=1
>
>
> _____________________________________________________________________________________________________
>
> To unsubscribe from the SERIALST list, click the following link:
> http://listserv.nasig.org/scripts/wa-NASIG.exe?SUBED1=SERIALST&A=1
>
>
>

############################

To unsubscribe from the SERIALST list:
write to: mailto:SERIALST-SIGNOFF-REQUEST@LISTSERV.NASIG.ORG
or click the following link:
http://listserv.nasig.org/scripts/wa-NASIG.exe?SUBED1=SERIALST&A=1