Course Reserves and copyright at CNI (fwd)

["Todd D. Wachtel" <tdwachte@mailbox.syr.edu>]

All,

As you may remember, I was really interested in the debate about credible
evidence off of the computer (At the same time, I am interested in
copyright law itself). To this end, I thought y'all would like to see a
message off of a listserv regarding law and technology. Some of it really
applies to CEDA. 

Feed your head.

-Todd
Syracuse



---------- Forwarded message ----------
Date: Wed, 1 Dec 93 12:18:39 -0500
>From: PAUL KOBULNICKY <KNICKY@vms.cis.pitt.edu>
To: Multiple recipients of list <cni-copyright@cni.org>
Subject: Course Reserves and copyright at CNI

This communication is the report of a synergy 
session entitled "Electronic Reserves - Copyright 
Implications" that was held at the Fall 1993 Task 
Force Meeting of the Coalition for Networked 
Information on November 20, 1993.  The session grew 
out of previous discussions on the  CNI-Copyright 
listserver.  The purpose of the synergy session was 
to gather consensus on establishing common practice 
among academic research libraries  as we move to 
make copyrighted material supporting instruction 
available over our campus-wide networks. The 
session drew a large crowd that produced lively and 
productive discussion. Two major conclusions 
emerged...

The first was that "fair use", as described in the 
CONTU Guidelines, should be applicable in an 
electronic environment. Those joining in the 
discussion felt that the existence of more 
demonstration and actual production projects 
delivering networked course reserves would begin to 
set a new standard for common practice.  Such new 
standards for common practice would in turn enable 
the CONTU Guidelines to be extended.  A brief 
survey of those in attendance indicated that 
projects were already underway at Georgetown, 
George Mason, Duke, Rice, Johns Hopkins, and of 
course the well known project at San Diego State 
University.  Others were at the very beginning 
stages of developing or were  conceptualizing 
projects.  

A second major conclusion was that advances in 
information technology are making the very notion 
of "course reserves" obsolete.  Several individuals 
expressed the view that in a teaching / learning 
environment, networked information is an integral 
part of the course, not supplemental to it.  In 
some institutions, faculty are scanning documents 
into servers and making the resultant database 
available electronically. The issue of the library 
being the focus of attention over compliance with 
copyright in the distribution of information 
electronically has been bypassed by the ubiquity of 
technology. An institutional environment with 
robust  networking, easy access by faculty and 
students to powerful educational workstations and 
access to necessary information resources of all 
formats (text, images, data, sound and full motion 
video) provides the structure for a new model for 
information collection, storage and dissemination.  

It was generally felt that this "enlightened" model 
would require a completely new look at "fair use" 
because it moves so far from the concept of course 
reserves that the CONTU Guidelines would no longer 
be applicable. Many felt that this was the most 
likely scenario for the integration of information 
into instruction and learning and therefore, work 
should be immediately undertaken to more properly 
define this model, to analyze how copyright and 
"fair use" fit into this model and to build pilot 
projects that would begin to test the model.

As you can see, the results of the discussion 
clearly indicated a two step process.  The first 
step, which is the short term solution, is to move 
existing course reserve systems into an electronic 
environment following as closely as possible the 
CONTU Guidelines. The second step, the long term 
process, is to develop a new paradigm for the 
integration of information into instruction and 
learning.  

A  number of comments suggested the need for 
coordination of activities. There needs to be wide 
input into the discussion in order to develop a 
body of opinion that carries sufficient weight to 
influence future interpretations of the law. Your 
comments on these issues will be greatly 
appreciated and will help to form our activities in 
the future. You may reply either to the list or 
directly to the authors listed below.  

Paul Kobulnicky
Acting Director of the University Library System
University of Pittsburgh
knicky@vms.cis.pitt.edu

Ronald Naylor
Assistant Director, Systems and Technical Services
University of Miami Libraries
rnaylor@umiami.ir.miami.edu

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