This piece was written in hopes of clarifying one aspect of the confusion on digital delivery of content to the "physical" classroom.
 films-in-classroom10sep09.pdf
In this paper, the Information Access Alliance (Alliance) describes the issues that have emerged as the industry has become increasingly concentrated and advocates for a new standard of antitrust review that we urge be adopted by state and federal antitrust enforcement agencies in examining merger transactions in the serials publishing industry. iaa-publisher-mergers-jun03.pdf
The American Association of Law Libraries, the American Library Association, the Association of Research Libraries, and the Special Libraries Association endorsed the Geneva Declaration on the Future of the World Intellectual Property Organization (2004). pr-endorse-new-wipo-agenda-27sep04.pdf
In this October 2004 letter, Prudence Adler writes on behalf of the Association of Research Libraries to express ARL's strong support for the NIH proposal to provide freely available online access to NIH-funded manuscripts via PubMed Central. There are many aspects of the NIH plan that ARL endorses and ARL applauds NIH's leadership in promoting this balanced initiative.
nih-publicaccess-comments-29oct04.pdf
This is "Appendix C: Detailed Evaluation Requirements and Desirables" of the 2012 ARL e-book licensing agent RFP, more commonly known as the "ARL E-Book Requirements."
arl-e-book-requirements-2012.pdf
Does the approach of creating a code of best practices, anchored in professional practice, actually work to expand the utility of fair use? What has happened to others who used codes of best practices to gain access to their rights?
This topic is discussed at length in Aufderheide and Jaszi, Reclaiming Fair Use (University of Chicago Press, 2011), but some specific examples include:
Does your university offer intellectual property education to incoming students, or have an academic integrity policy that addresses copyright issues? These are important areas where librarians can be of service in offering balanced information about copyright and fair use.
The Code of Best Practices in Fair Use for Academic and Research Libraries suggests at various points that librarians consider the use of appropriate “technical protection measures” when making digitized materials available on-line, as a way of bolstering their fair use claims. Many libraries already employ such measures as a risk-management strategy.
When teachers bring Stacey, a librarian at a Midwestern private university, their course materials to upload on the university’s e-reserves system, she always checks to make sure that the course material has not been uploaded before—or at least, not in the last three years. If it’s fresh material, and it’s only a small fraction of the original work, she’s pretty sure that uploading it for the students to study could be considered a “fair use.” If it has been uploaded before, she tries to license the material, or have the professor find a substitute that the professor hasn’t used before. She knows that at some universities, e-reserves policies are more liberal, but her institution can’t afford a legal challenge, so she likes to err on the conservative side. After all, you can’t be too careful.
The Fifth Principle in the Code of Best Practices in Fair Use for Academic and Research Libraries is entitled "Reproducing material for use by disabled students, faculty, staff, and other appropriate users." It describes in some detail the circumstances in which making and providing copies of collection materials in formats that are accessible to persons with disabilities constitutes fair use, as well as certain limitations to which that general principle is subject.
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