Legal Solutions in Electronic Reserves and the Electronic Delivery of Interlibrary Loan

Abstract

* Acknowledgments * Introduction * Chapter 1. Copyright Basics * 1. What Laws Cover Copyright for Librarians and Educators? * 2. Securing Copyright: What Is Protected by Copyright * 3. Rights of the Copyright Holder * 4. Expiration of Copyright * 5. Fair Use * 6. Special Allowances for Library Copying, Reserves, Interlibrary Loan, and Teaching * 7. Guidelines (CONTU, CONFU) * 8. Contracts vs. Copyright Law: Licensing and UCITA * 9. Penalties * Chapter 2. Confidentiality Basics * 1. State Regulations * 2. Institutional Regulations * 3. USA PATRIOT Act * 4. Records-Retention Policies * Chapter 3. Electronic Reserves * 1. Electronic vs. Physical Reserves * Location and Access * Classification * Circulation * Use of Service * Access in Time * Access in Space * Patron Records * Copying * 2. Developing an Electronic Reserves Legal Policy * Subsequent Semesters * Storage * Limited Access * Confidentiality of Patron Records * Copyright Warning * Responsibility for Seeking Permissions * Library Portion of Permission Fees * Use While Seeking Permissions * Limits on Amount of Material from Each Title, Etc. * Explaining Copyright to Instructors * 3. Negotiating Permissions for Electronic Reserve Use * 4. Negotiating Database Contracts to Provide for Electronic Reserve Use * 5. Cases * 6. Current Legislative Issues * TEACH Act * UCITA * DMCA * Chapter 4. Electronic Delivery of Interlibrary Loan * 1. Electronic vs. Physical Delivery of Interlibrary Loan * Location and Access * Circulation * Use of Service * Patron Records * Copying * 2. Developing an Interlibrary Loan Legal Policy * The Suggestion of Five * Secure Delivery System * Confidentiality of Records * Copyright Notices * Fees * 3. Negotiating Permissions for Interlibrary Loan Use * 4. Negotiating Database Contracts for Interlibrary Loan Use * 5. Cases * 6. Current Legislative Issues * UCITA * USA PATRIOT Act * Chapter 5. Conclusion * Appendix 1. Copyright Law * Section 107. Limitations on Exclusive Rights: Fair Use * Section 108. Limitations on Exclusive Rights: Reproduction by Libraries and Archives * Section 109. Limitations on Exclusive Rights: Effect of Transfer of Particular Copy or Phonorecord * Section 110. Limitations on Exclusive Rights: Exemption of Certain Performances and Displays * Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals * Guidelines * CONTU Guidelines on Photocopying Under Interlibrary Loan Arrangements * CONFU Fair-Use Guidelines for Electronic Reserve Systems (Not Approved by All Parties for Guidance Only) * American Library Association Model Policy Concerning College and University Photocopying for Classroom, Research, and Library Reserve Use (Section on Reserves) * Appendix 2. The Public Domain and Free E-Material * The Public Domain * Sources of Electronic Out-of-Copyright Material * Appendix 3. Tools * Sources of Permissions * Copyright Resources on the Web * Reserves Resources * Interlibrary Loan Resources * List-Servs and Discussion Groups * Bibliography * Cases Cited * Works Cited * Index * Reference Notes Included