The problem is that you can’t appeal to fair use as a defense if you’re in breach of a contract. If you’ve signed a license that says “we won’t let walk-in users access the database,” the terms of the license are what govern allowable use, even if the law would otherwise make access legal. --- Rick Anderson Assoc. Dean for Collections & Scholarly Communication Marriott Library, University of Utah Desk: (801) 587-9989 Cell: (801) 721-1687 rick.anderson@utah.edu On 8/24/17, 9:32 AM, "Serials in Libraries Discussion Forum on behalf of David P. Dillard" <SERIALST@LISTSERV.NASIG.ORG on behalf of jwne@TEMPLE.EDU> wrote: > > > >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 ############################ 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
