I don't know any more about this lawsuit but here is more info re Harvard's tight grip on its intellectual property.
We used to get full text of Harvard Business Review (HBR) online via Business Source Premier (EBSCO Host). HBR has recently renegotiated the license agreement with EBSCO such that 500 of the most popular articles can only be read online. They cannot be downloaded, printed, or even linked to. For ~$40,000 more we can retain full access to those articles. The list of articles changes as new articles prove to be popular. I'd like to kick EBSCO where it hurts, in the pocketbook, and tell them to take their product elsewhere for negotiating such a license but I'm not in charge. Jo Ann Jo Ann Reynolds Reserve Services Coordinator University of Connecticut Libraries 369 Fairfield Road, Unit 1005RR Storrs, CT 06269-1005 jo_ann.reyno...@lib.uconn.edu 860-486-1406 860-486-5636 (fax) http://classguides.lib.uconn.edu/mediaresources From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Deg Farrelly Sent: Tuesday, August 20, 2013 9:19 PM To: firstname.lastname@example.org Subject: [Videolib] NOT videoŠ but new copyright case with Harvard School of Business Some of the most tightly controlled print material in academic libraries.... Should be interesting. -deg deg farrelly, Media Librarian Arizona State University Libraries Hayden Library C1H1 P.O. Box 871006 Tempe, Arizona 85287-1006 Phone: 602.332.3103 --- http://tinyurl.com/AboutNMM To market, to market, to find some fresh film... I'm attending the 2013 National Media Market, November 3-7 In Charleston, South Carolina. See you there? From: David Hansen <dhan...@law.berkeley.edu<mailto:dhan...@law.berkeley.edu>> Date: Tue, 20 Aug 2013 08:47:23 -0400 I thought some of you might be interested in this lawsuit. I haven't seen it on the blogs anywhere yet - The gravamen on the complaint is that ISCE library has made unauthorized copies of the full text of plaintiff's works and has displayed/distributed them to ISCE members, who pay a fee for access (though it is dubbed a "membership fee" by ISCE) . In both the Plaintiffs' complaint and the Defendants' answer, it sounds as if there are some important access limitations: 1) the complaint acknowledges that only one person may access a work at a time, 2) in Defendants' answer, they claim that the full text can only be "checked out" for two hours at a time, and 3) the answer also claims that only two pages can be browsed at a time. This statement, I think, sums up what ISCE is trying to do "The ISCE Library is the closest possible digital analogue to a traditional specialized research library - providing temporary and controlled access one borrower at a time to lawfully-purchased copies of works maintained at the library's leased physical premises at AWS - and with a unique digital reference librarian." (Answer at para 15). The case raises a number of significant issues about the applicability of library privileges (Sec. 108), fair use (Sec. 107), first sale (Sec. 109)., 110 (non-profit educational displays), and Sec. 117 (designed to facilitate necessary copying for computer programs). All are raised in the complaint or answer. Case citation and copies of the complaint and answer/counterclaims below: Harvard Business School Publishing Corp., John Wiley & Sons, Inc., and Univ. of Chicago v. Institute for the Study of Coherence and Emergence, Inc., et al., Case No. 13-cv-11450(GAO), (D. Mass., June 17, 2013) http://isce-library.org/suit.pdf http://isce-library.org/answer.pdf Does anyone know more about this?
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.