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Legal Solutions in Electronic Reserves and the Electronic Delivery of Interlibrary Loan guides you through the process of developing policies to protect you, your library, and your patrons. From copyright usage and licensing to the impact of the USA Patriot Act, this vital resource offers suggestions and advice to ensure your library can offer the best services to your patrons while staying within the boundaries of the law. This book includes the texts of the most important laws and guidelines, a list of significant cases on file, information on pending legislations, and a bibliography of useful print and Internet resources.
List of contents
- 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
About the author
Janet Brennan Croft