From: Cary Jardine <[log in to unmask]>
Date: Fri, 7 Jun 2013 09:01:00 -0400


On Thu, Jun 6, 2013 at 5:51 PM, LIBLICENSE <[log in to unmask]> wrote:

> 2) Based on the language quoted below, what if a faculty member just
> includes a citation to a HBR article in her syllabus, leaving it up to the
> students to look to library resources (or not) to gain access? Is citation
> to HBR " incorporating the content into course resources," in violation of
> the terms below? Any difference if the faculty member included a note next
> to the citation in the syllabus that said " look this up in the library
> catalog" or "look up in EBSCOHost"? If citation or reference in the syllabus
> to the library's databases is a violation, I think those terms are even more
> problematic than they might seem at first.  Also, I don't see how such an
> interpretation would be enforceable.

When I spoke with the person in HB Publishing's permissions office
(which was a few years ago now) he told me that including any mention
of HBR articles, even just by citation, on a syllabus or in any other
course materials was prohibited.  I agree that this would be difficult
to enforce!

And while fair use may seem to apply, it's my understanding that
'licensing trumps fair use.' If we purchase access through EBSCO,
thereby tacitly agreeing to their licensing terms, we should not
override those terms with fair use.

At the time, we also had a print subscription to HBR.  It seemed to me
that fair use would apply to using articles from the print version for
course readings (either making copies or scanning & posting in our
LMS).

Cary Jardine, MLS
Research and Instruction Librarian
Antioch University New England
Keene, NH  03431
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