Re: [Videolib] Textbooks on reserve?

2010-01-15 Thread Moshiri, Farhad
Dear Judy et all,

I completely understand your argument. But my concern is about technical legal 
issues. I've heard that textbooks are considered not permanent materials 
compare to regular books. I was wondering if this is correct and if so, does it 
violate copyright law?

Farhad

From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] 
On Behalf Of Shoaf,Judith P [jsh...@ufl.edu]
Sent: Friday, January 15, 2010 11:25 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Textbooks on reserve?

Maybe I am too quick to reply, but for heaven’s sake! The entire concept of 
libraries is that they allow people to read books without having to buy them. 
Of course they “cause loss of revenue” if one assumes that even one person who 
borrows the book from the library would have bought it if it were not available 
at the library. But that is what libraries do.

Judy

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Moshiri, Farhad
Sent: Friday, January 15, 2010 12:12 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Textbooks on reserve?

Dear colleagues,

This is a question about books not video recordings. But you may be able to 
help me, especially, Carrie Russell who I know is a member of this listserve 
and I had the chance to participate in her excellent ALA online seminar on 
copyright issues sometime ago.

My question is this: can a library put textbooks that are available for 
purchase (the university bookstore sells them) on reserve so students who can 
not afford them, borrow them from the library? I'm concerned that the library 
would be in violation of the copyright law on the basis of loss of revenue for 
the copyright holder.

I highly appreciate you input.

Farhad Moshiri
AV Librarian
University of the Incarnate Word
San Antonio, Texas


This email and any files transmitted with it may be confidential or contain 
privileged information and are intended solely for the use of the individual or 
entity to which they are addressed. If you are not the intended recipient, 
please be advised that you have received this email in error and that any use, 
dissemination, forwarding, printing, or copying of this email and any 
attachments is strictly prohibited. If you have received this email in error, 
please immediately delete the email and any attachments from your system and 
notify the sender. Any other use of this e-mail is prohibited. Thank you for 
your compliance.
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


Re: [Videolib] Textbooks on reserve?

2010-01-15 Thread Jo Ann Reynolds
Farhad,

It is a good question. And Gary, there can be differences between
textbooks and any other book if, as is sometimes the case, the textbook
has what can be considered consumables in it. Consumables being fill in
the blank, work book exercises, quizzes designed to be answered in the
pages provided, or a computer disk with limited downloads.

Jo Ann 

Jo Ann Reynolds
Reserve Services Coordinator
University of Connecticut
Homer Babbidge Library
Storrs,  CT
860-486-1406
jo_ann.reyno...@uconn.edu

Question Reality


-Original Message-
From: videolib-boun...@lists.berkeley.edu
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
ghand...@library.berkeley.edu
Sent: Friday, January 15, 2010 12:15 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Textbooks on reserve?

Yes, absolutely

The First Sale doctrine of the copyright law allows this kinda stuff.
In
a way, what's the difference between a textbook and any other book a
library acquires?

Gary Handman


 Dear colleagues,

 This is a question about books not video recordings. But you may be
able
 to help me, especially, Carrie Russell who I know is a member of this
 listserve and I had the chance to participate in her excellent ALA
online
 seminar on copyright issues sometime ago.

 My question is this: can a library put textbooks that are available
for
 purchase (the university bookstore sells them) on reserve so students
who
 can not afford them, borrow them from the library? I'm concerned that
the
 library would be in violation of the copyright law on the basis of
loss of
 revenue for the copyright holder.

 I highly appreciate you input.

 Farhad Moshiri
 AV Librarian
 University of the Incarnate Word
 San Antonio, Texas

 
 This email and any files transmitted with it may be confidential or
 contain privileged information and are intended solely for the use of
the
 individual or entity to which they are addressed. If you are not the
 intended recipient, please be advised that you have received this
email in
 error and that any use, dissemination, forwarding, printing, or
copying of
 this email and any attachments is strictly prohibited. If you have
 received this email in error, please immediately delete the email and
any
 attachments from your system and notify the sender. Any other use of
this
 e-mail is prohibited. Thank you for your compliance.
 VIDEOLIB is intended to encourage the broad and lively discussion of
 issues relating to the selection, evaluation,
acquisition,bibliographic
 control, preservation, and use of current and evolving video formats
in
 libraries and related institutions. It is hoped that the list will
serve
 as an effective working tool for video librarians, as well as a
channel of
 communication between libraries,educational institutions, and video
 producers and distributors.



Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

I have always preferred the reflection of life to life itself.
--Francois Truffaut


VIDEOLIB is intended to encourage the broad and lively discussion of
issues relating to the selection, evaluation, acquisition,bibliographic
control, preservation, and use of current and evolving video formats in
libraries and related institutions. It is hoped that the list will serve
as an effective working tool for video librarians, as well as a channel
of communication between libraries,educational institutions, and video
producers and distributors.

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


Re: [Videolib] Textbooks on reserve?

2010-01-15 Thread Shoaf,Judith P
Well, textbook companies have figured out how to get around the inconvenience 
of producing something that can be borrowed or resold. The first line of 
defense is putting out a new edition every couple of years... and now they are 
coming up with online sites to which you need a unique passkey (which takes you 
into a course management system and reports your quiz grades etc. to your 
instructor), something the library will not be able to help with.

Really, I would not worry about the textbook publishers

Judy Shoaf



From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Moshiri, Farhad
Sent: Friday, January 15, 2010 12:37 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Textbooks on reserve?

Dear Judy et all,

I completely understand your argument. But my concern is about technical legal 
issues. I've heard that textbooks are considered not permanent materials 
compare to regular books. I was wondering if this is correct and if so, does it 
violate copyright law?

Farhad

From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] 
On Behalf Of Shoaf,Judith P [jsh...@ufl.edu]
Sent: Friday, January 15, 2010 11:25 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Textbooks on reserve?
Maybe I am too quick to reply, but for heaven's sake! The entire concept of 
libraries is that they allow people to read books without having to buy them. 
Of course they cause loss of revenue if one assumes that even one person who 
borrows the book from the library would have bought it if it were not available 
at the library. But that is what libraries do.

Judy

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Moshiri, Farhad
Sent: Friday, January 15, 2010 12:12 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Textbooks on reserve?

Dear colleagues,

This is a question about books not video recordings. But you may be able to 
help me, especially, Carrie Russell who I know is a member of this listserve 
and I had the chance to participate in her excellent ALA online seminar on 
copyright issues sometime ago.

My question is this: can a library put textbooks that are available for 
purchase (the university bookstore sells them) on reserve so students who can 
not afford them, borrow them from the library? I'm concerned that the library 
would be in violation of the copyright law on the basis of loss of revenue for 
the copyright holder.

I highly appreciate you input.

Farhad Moshiri
AV Librarian
University of the Incarnate Word
San Antonio, Texas


This email and any files transmitted with it may be confidential or contain 
privileged information and are intended solely for the use of the individual or 
entity to which they are addressed. If you are not the intended recipient, 
please be advised that you have received this email in error and that any use, 
dissemination, forwarding, printing, or copying of this email and any 
attachments is strictly prohibited. If you have received this email in error, 
please immediately delete the email and any attachments from your system and 
notify the sender. Any other use of this e-mail is prohibited. Thank you for 
your compliance.
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


Re: [Videolib] Textbooks on reserve?

2010-01-15 Thread Sarah E. McCleskey
We put textbooks on reserve all the time. They are cataloged like other books. 


Sarah McCleskey
sarah.e.mccles...@hofstra.edu

From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] 
On Behalf Of ghand...@library.berkeley.edu [ghand...@library.berkeley.edu]
Sent: Friday, January 15, 2010 10:01 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Textbooks on reserve?

Textbooks are books.  They're no different under the First Sale doctrine
than any other print between covers.

gary


 Dear Judy et all,

 I completely understand your argument. But my concern is about technical
 legal issues. I've heard that textbooks are considered not permanent
 materials compare to regular books. I was wondering if this is correct and
 if so, does it violate copyright law?

 Farhad
 
 From: videolib-boun...@lists.berkeley.edu
 [videolib-boun...@lists.berkeley.edu] On Behalf Of Shoaf,Judith P
 [jsh...@ufl.edu]
 Sent: Friday, January 15, 2010 11:25 AM
 To: videolib@lists.berkeley.edu
 Subject: Re: [Videolib] Textbooks on reserve?

 Maybe I am too quick to reply, but for heaven’s sake! The entire concept
 of libraries is that they allow people to read books without having to buy
 them. Of course they “cause loss of revenue” if one assumes that even one
 person who borrows the book from the library would have bought it if it
 were not available at the library. But that is what libraries do.

 Judy

 From: videolib-boun...@lists.berkeley.edu
 [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Moshiri, Farhad
 Sent: Friday, January 15, 2010 12:12 PM
 To: videolib@lists.berkeley.edu
 Subject: [Videolib] Textbooks on reserve?

 Dear colleagues,

 This is a question about books not video recordings. But you may be able
 to help me, especially, Carrie Russell who I know is a member of this
 listserve and I had the chance to participate in her excellent ALA online
 seminar on copyright issues sometime ago.

 My question is this: can a library put textbooks that are available for
 purchase (the university bookstore sells them) on reserve so students who
 can not afford them, borrow them from the library? I'm concerned that the
 library would be in violation of the copyright law on the basis of loss of
 revenue for the copyright holder.

 I highly appreciate you input.

 Farhad Moshiri
 AV Librarian
 University of the Incarnate Word
 San Antonio, Texas

 
 This email and any files transmitted with it may be confidential or
 contain privileged information and are intended solely for the use of the
 individual or entity to which they are addressed. If you are not the
 intended recipient, please be advised that you have received this email in
 error and that any use, dissemination, forwarding, printing, or copying of
 this email and any attachments is strictly prohibited. If you have
 received this email in error, please immediately delete the email and any
 attachments from your system and notify the sender. Any other use of this
 e-mail is prohibited. Thank you for your compliance.
 VIDEOLIB is intended to encourage the broad and lively discussion of
 issues relating to the selection, evaluation, acquisition,bibliographic
 control, preservation, and use of current and evolving video formats in
 libraries and related institutions. It is hoped that the list will serve
 as an effective working tool for video librarians, as well as a channel of
 communication between libraries,educational institutions, and video
 producers and distributors.



Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

I have always preferred the reflection of life to life itself.
--Francois Truffaut


VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.



Re: [Videolib] Textbooks on reserve

2010-01-15 Thread Deg Farrelly
Judy Shoaf wrote:

... and now they are coming up with online sites to which you need a unique 
passkey (which takes you into a course management system and reports your quiz 
grades etc. to your instructor), something the library will not be able to help 
with.

It's not just textbooks.  The new edition of the MLA (Modern Language 
Association) citation style manual includes passworded access to a web site 
with more information, and specific details.

But that password is only valid for the original purchaser of the print book, 
and libraries are specifically prohibited from sharing it with their users 
except in face-to-face instructional sessions, to demonstrate, or in one-to-one 
reference assistance.

--
deg farrelly, Associate Librarian
Arizona State University at the West campus
PO Box 37100
Phoenix, Arizona  85069-7100
Phone:  602.543.8522
Email:  deg.farre...@asu.edu




VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


Re: [Videolib] Textbooks on reserve?

2010-01-15 Thread ghandman
I dunno, Jo Ann.

When an institution or individual buy a textbook, there is NEVER (in my
experience) any contractual transaction.  You simply order da book.  I
have never seen any stricture on the specific uses of texts, other than
the usual copyright requirements.

Then again...I ain't a book reserve guy and haven't even picked up a
texbook for 40 years.  Anyone else have experience which would shed light?

gary



 Farhad,

 It is a good question. And Gary, there can be differences between
 textbooks and any other book if, as is sometimes the case, the textbook
 has what can be considered consumables in it. Consumables being fill in
 the blank, work book exercises, quizzes designed to be answered in the
 pages provided, or a computer disk with limited downloads.

 Jo Ann

 Jo Ann Reynolds
 Reserve Services Coordinator
 University of Connecticut
 Homer Babbidge Library
 Storrs,  CT
 860-486-1406
 jo_ann.reyno...@uconn.edu

 Question Reality


 -Original Message-
 From: videolib-boun...@lists.berkeley.edu
 [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
 ghand...@library.berkeley.edu
 Sent: Friday, January 15, 2010 12:15 PM
 To: videolib@lists.berkeley.edu
 Subject: Re: [Videolib] Textbooks on reserve?

 Yes, absolutely

 The First Sale doctrine of the copyright law allows this kinda stuff.
 In
 a way, what's the difference between a textbook and any other book a
 library acquires?

 Gary Handman


 Dear colleagues,

 This is a question about books not video recordings. But you may be
 able
 to help me, especially, Carrie Russell who I know is a member of this
 listserve and I had the chance to participate in her excellent ALA
 online
 seminar on copyright issues sometime ago.

 My question is this: can a library put textbooks that are available
 for
 purchase (the university bookstore sells them) on reserve so students
 who
 can not afford them, borrow them from the library? I'm concerned that
 the
 library would be in violation of the copyright law on the basis of
 loss of
 revenue for the copyright holder.

 I highly appreciate you input.

 Farhad Moshiri
 AV Librarian
 University of the Incarnate Word
 San Antonio, Texas

 
 This email and any files transmitted with it may be confidential or
 contain privileged information and are intended solely for the use of
 the
 individual or entity to which they are addressed. If you are not the
 intended recipient, please be advised that you have received this
 email in
 error and that any use, dissemination, forwarding, printing, or
 copying of
 this email and any attachments is strictly prohibited. If you have
 received this email in error, please immediately delete the email and
 any
 attachments from your system and notify the sender. Any other use of
 this
 e-mail is prohibited. Thank you for your compliance.
 VIDEOLIB is intended to encourage the broad and lively discussion of
 issues relating to the selection, evaluation,
 acquisition,bibliographic
 control, preservation, and use of current and evolving video formats
 in
 libraries and related institutions. It is hoped that the list will
 serve
 as an effective working tool for video librarians, as well as a
 channel of
 communication between libraries,educational institutions, and video
 producers and distributors.



 Gary Handman
 Director
 Media Resources Center
 Moffitt Library
 UC Berkeley

 510-643-8566
 ghand...@library.berkeley.edu
 http://www.lib.berkeley.edu/MRC

 I have always preferred the reflection of life to life itself.
 --Francois Truffaut


 VIDEOLIB is intended to encourage the broad and lively discussion of
 issues relating to the selection, evaluation, acquisition,bibliographic
 control, preservation, and use of current and evolving video formats in
 libraries and related institutions. It is hoped that the list will serve
 as an effective working tool for video librarians, as well as a channel
 of communication between libraries,educational institutions, and video
 producers and distributors.

 VIDEOLIB is intended to encourage the broad and lively discussion of
 issues relating to the selection, evaluation, acquisition,bibliographic
 control, preservation, and use of current and evolving video formats in
 libraries and related institutions. It is hoped that the list will serve
 as an effective working tool for video librarians, as well as a channel of
 communication between libraries,educational institutions, and video
 producers and distributors.



Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghand...@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

I have always preferred the reflection of life to life itself.
--Francois Truffaut


VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions

Re: [Videolib] Textbooks on reserve?

2010-01-15 Thread Shoaf,Judith P
Usually the consumable pages of the book (lab manual, workbook, SAM =Student 
Activities Manual) are separate volumes, on cheap paper, and indeed have to be 
purchased by each student--at least for language textbooks. Unless the 
instructor would accept a Xerox, the library copy would be no good. 

The glossy, heavy, well-bound textbook can be resold until a new textbook comes 
out, though--but---

This year we have one class using a textbook which is never supposed to be 
resold. The glossy pages are in a binder and somebody (any bookstore dealing 
with the textbook company, maybe? Or the students themselves?) is contracted 
not to resell it. The package (with passkey to online version with workbooks 
and lab manuals, quizzes, etc.) cost about $100 as opposed to $200 for a 
similar package that has a resaleable book, according to what I was told. Since 
the passkey can't be transferred, it makes some sense to go for the cheaper 
version.

As I say, don't worry about the textbook companies.

Maybe the confusion is because there is a special category re. educational use 
in (I think) the TEACH act. You can't *digitize* something and stick it in your 
own course management system if it was developed as an item which students in a 
class like this ought to buy, or as an ancillary of such an item. 

Example: M. Chagrin comes to UF to teach third-year French, and the book the 
students buy for that course is called Hexagone. But Chagrin taught the year 
before at UW, where he used a book called Le Monde Francophone which had an 
excellent video program. Chagrin still has his desk copy of the video from 
teaching at UW. But it would be illegal and I would say kind of immoral to 
digitize the video or some of the text and pop it into a course management 
system to add diversity to the Hexagone course. Either the UF course should 
switch to Monde Francophone or M. Chagrin should, to his chagrin, find some 
other way of exposing his students to Francophone diversity. 

I think, though, that he could probably show his hard copy in class.

Judy Shoaf

VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.


Re: [Videolib] Textbooks on reserve?

2010-01-15 Thread Hooper, Lisa K
While we recognize differences between books and textbooks, i can't find 
anything in the Copyright code singling out textbooks for special treatment. 
i'm certainly no expert on deciphering copyright laws but i haven't been able 
to find anything in there saying we can't put textbooks on reserve. If you're 
anxious about how the students will use the reserve copy of the textbook then 
if you haven't already you could poste notices about the non-legality of 
photocopying copyrighted works. There's actually a pre-defined paragraph to 
poste by library photocopy machines, located here 
(http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter7/7-d.html)
and cited below: 

NOTICE WARNING CONCERNING COPYRIGHT RESTRICTIONS

The copyright law of the United States (Title 17, United States Code) governs 
the making of photocopies or other reproductions of copyrighted material. Under 
certain conditions specified in the law, libraries and archives are authorized 
to furnish a photocopy or other reproduction. One of these specified conditions 
is that the photocopy or reproduction is not to be used for any purpose other 
than private study, scholarship, or research.  If a user makes a request for, 
or later uses, a photocopy or reproduction for purposes in excess of fair 
use, that user may be liable for copyright infringement. This institution 
reserves the right to refuse to accept a copying order if, in its judgment, 
fulfillment of the order would involve violation of copyright law.

 

Good luck!

-lisa Hooper

Music  Media Librarian

Howard-Tilton Memorial Library

Tulane University




From: videolib-boun...@lists.berkeley.edu on behalf of 
ghand...@library.berkeley.edu
Sent: Fri 1/15/2010 12:35 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Textbooks on reserve?



I dunno, Jo Ann.

When an institution or individual buy a textbook, there is NEVER (in my
experience) any contractual transaction.  You simply order da book.  I
have never seen any stricture on the specific uses of texts, other than
the usual copyright requirements.

Then again...I ain't a book reserve guy and haven't even picked up a
texbook for 40 years.  Anyone else have experience which would shed light?

gary



 Farhad,

 It is a good question. And Gary, there can be differences between
 textbooks and any other book if, as is sometimes the case, the textbook
 has what can be considered consumables in it. Consumables being fill in
 the blank, work book exercises, quizzes designed to be answered in the
 pages provided, or a computer disk with limited downloads.

 Jo Ann

 Jo Ann Reynolds
 Reserve Services Coordinator
 University of Connecticut
 Homer Babbidge Library
 Storrs,  CT
 860-486-1406
 jo_ann.reyno...@uconn.edu

 Question Reality


 -Original Message-
 From: videolib-boun...@lists.berkeley.edu
 [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
 ghand...@library.berkeley.edu
 Sent: Friday, January 15, 2010 12:15 PM
 To: videolib@lists.berkeley.edu
 Subject: Re: [Videolib] Textbooks on reserve?

 Yes, absolutely

 The First Sale doctrine of the copyright law allows this kinda stuff.
 In
 a way, what's the difference between a textbook and any other book a
 library acquires?

 Gary Handman


 Dear colleagues,

 This is a question about books not video recordings. But you may be
 able
 to help me, especially, Carrie Russell who I know is a member of this
 listserve and I had the chance to participate in her excellent ALA
 online
 seminar on copyright issues sometime ago.

 My question is this: can a library put textbooks that are available
 for
 purchase (the university bookstore sells them) on reserve so students
 who
 can not afford them, borrow them from the library? I'm concerned that
 the
 library would be in violation of the copyright law on the basis of
 loss of
 revenue for the copyright holder.

 I highly appreciate you input.

 Farhad Moshiri
 AV Librarian
 University of the Incarnate Word
 San Antonio, Texas

 
 This email and any files transmitted with it may be confidential or
 contain privileged information and are intended solely for the use of
 the
 individual or entity to which they are addressed. If you are not the
 intended recipient, please be advised that you have received this
 email in
 error and that any use, dissemination, forwarding, printing, or
 copying of
 this email and any attachments is strictly prohibited. If you have
 received this email in error, please immediately delete the email and
 any
 attachments from your system and notify the sender. Any other use of
 this
 e-mail is prohibited. Thank you for your compliance.
 VIDEOLIB is intended to encourage the broad and lively discussion of
 issues relating to the selection, evaluation,
 acquisition,bibliographic
 control, preservation, and use of current and evolving video formats
 in
 libraries and related institutions. It is hoped that the list

Re: [Videolib] Textbooks on reserve?

2010-01-15 Thread ghandman
THERE IS NUTHIN' in Title 117 that distinguishes between types of text. 
Copyright strictures and requirements apply to all equally.  That said,
there are no proscriptions/prescriptions in the law about textbooks.  If
there was anything hanging things up, it'd be contractual/commercial
agreements between buyer and seller.



 While we recognize differences between books and textbooks, i can't find
 anything in the Copyright code singling out textbooks for special
 treatment. i'm certainly no expert on deciphering copyright laws but i
 haven't been able to find anything in there saying we can't put textbooks
 on reserve. If you're anxious about how the students will use the reserve
 copy of the textbook then if you haven't already you could poste notices
 about the non-legality of photocopying copyrighted works. There's actually
 a pre-defined paragraph to poste by library photocopy machines, located
 here
 (http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter7/7-d.html)
 and cited below:

 NOTICE WARNING CONCERNING COPYRIGHT RESTRICTIONS

 The copyright law of the United States (Title 17, United States Code)
 governs the making of photocopies or other reproductions of copyrighted
 material. Under certain conditions specified in the law, libraries and
 archives are authorized to furnish a photocopy or other reproduction. One
 of these specified conditions is that the photocopy or reproduction is not
 to be used for any purpose other than private study, scholarship, or
 research.  If a user makes a request for, or later uses, a photocopy or
 reproduction for purposes in excess of fair use, that user may be liable
 for copyright infringement. This institution reserves the right to refuse
 to accept a copying order if, in its judgment, fulfillment of the order
 would involve violation of copyright law.



 Good luck!

 -lisa Hooper

 Music  Media Librarian

 Howard-Tilton Memorial Library

 Tulane University


 

 From: videolib-boun...@lists.berkeley.edu on behalf of
 ghand...@library.berkeley.edu
 Sent: Fri 1/15/2010 12:35 PM
 To: videolib@lists.berkeley.edu
 Subject: Re: [Videolib] Textbooks on reserve?



 I dunno, Jo Ann.

 When an institution or individual buy a textbook, there is NEVER (in my
 experience) any contractual transaction.  You simply order da book.  I
 have never seen any stricture on the specific uses of texts, other than
 the usual copyright requirements.

 Then again...I ain't a book reserve guy and haven't even picked up a
 texbook for 40 years.  Anyone else have experience which would shed light?

 gary



 Farhad,

 It is a good question. And Gary, there can be differences between
 textbooks and any other book if, as is sometimes the case, the textbook
 has what can be considered consumables in it. Consumables being fill in
 the blank, work book exercises, quizzes designed to be answered in the
 pages provided, or a computer disk with limited downloads.

 Jo Ann

 Jo Ann Reynolds
 Reserve Services Coordinator
 University of Connecticut
 Homer Babbidge Library
 Storrs,  CT
 860-486-1406
 jo_ann.reyno...@uconn.edu

 Question Reality


 -Original Message-
 From: videolib-boun...@lists.berkeley.edu
 [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of
 ghand...@library.berkeley.edu
 Sent: Friday, January 15, 2010 12:15 PM
 To: videolib@lists.berkeley.edu
 Subject: Re: [Videolib] Textbooks on reserve?

 Yes, absolutely

 The First Sale doctrine of the copyright law allows this kinda stuff.
 In
 a way, what's the difference between a textbook and any other book a
 library acquires?

 Gary Handman


 Dear colleagues,

 This is a question about books not video recordings. But you may be
 able
 to help me, especially, Carrie Russell who I know is a member of this
 listserve and I had the chance to participate in her excellent ALA
 online
 seminar on copyright issues sometime ago.

 My question is this: can a library put textbooks that are available
 for
 purchase (the university bookstore sells them) on reserve so students
 who
 can not afford them, borrow them from the library? I'm concerned that
 the
 library would be in violation of the copyright law on the basis of
 loss of
 revenue for the copyright holder.

 I highly appreciate you input.

 Farhad Moshiri
 AV Librarian
 University of the Incarnate Word
 San Antonio, Texas

 
 This email and any files transmitted with it may be confidential or
 contain privileged information and are intended solely for the use of
 the
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 error and that any use, dissemination, forwarding, printing, or
 copying of
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 any
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Re: [Videolib] Textbooks on reserve--different info

2010-01-15 Thread McKenzie, Rue
I know this is a bit off the original inquiry, but our textbook center is run 
by Barnes  Noble.  This year as part of the response to textbook affordability 
issues, copies of many of this semester's textbooks are being sent to the 
Library to be placed on reserve...free of charge.  They are trying to be good 
citizens and their bottom line has and will continue to be evaluated.  Other 
Florida state universities are doing similar things.

So, I'm thinking beyond the various types of texts, copyright interpretations 
regarding loss of revenue, and what I feel has historically been a non-issue 
regarding reserves, if placing textbooks on reserve (and actually assisting in 
placing them) is being handled this way without economic concern in FLORIDA 
(!?), it seems unlikely that the lost revenue card would be played, however 
inappropriately it might be considered

Rue

Rue McKenzie
Coordinator of Media Collections
Academic Resources
University of South Florida, Tampa Library
813-974-6342
An education isn't how much you have committed to memory, or even how much you 
know. It's being able to differentiate between what you know and what you 
don't.--Anatole France



From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Moshiri, Farhad
Sent: Friday, January 15, 2010 12:37 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Textbooks on reserve?

Dear Judy et all,

I completely understand your argument. But my concern is about technical legal 
issues. I've heard that textbooks are considered not permanent materials 
compare to regular books. I was wondering if this is correct and if so, does it 
violate copyright law?

Farhad

From: videolib-boun...@lists.berkeley.edu [videolib-boun...@lists.berkeley.edu] 
On Behalf Of Shoaf,Judith P [jsh...@ufl.edu]
Sent: Friday, January 15, 2010 11:25 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Textbooks on reserve?
Maybe I am too quick to reply, but for heaven's sake! The entire concept of 
libraries is that they allow people to read books without having to buy them. 
Of course they cause loss of revenue if one assumes that even one person who 
borrows the book from the library would have bought it if it were not available 
at the library. But that is what libraries do.

Judy

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Moshiri, Farhad
Sent: Friday, January 15, 2010 12:12 PM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Textbooks on reserve?

Dear colleagues,

This is a question about books not video recordings. But you may be able to 
help me, especially, Carrie Russell who I know is a member of this listserve 
and I had the chance to participate in her excellent ALA online seminar on 
copyright issues sometime ago.

My question is this: can a library put textbooks that are available for 
purchase (the university bookstore sells them) on reserve so students who can 
not afford them, borrow them from the library? I'm concerned that the library 
would be in violation of the copyright law on the basis of loss of revenue for 
the copyright holder.

I highly appreciate you input.

Farhad Moshiri
AV Librarian
University of the Incarnate Word
San Antonio, Texas


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please immediately delete the email and any attachments from your system and 
notify the sender. Any other use of this e-mail is prohibited. Thank you for 
your compliance.
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
related institutions. It is hoped that the list will serve as an effective 
working tool for video librarians, as well as a channel of communication 
between libraries,educational institutions, and video producers and 
distributors.