From: Donald Taylor <[log in to unmask]>
Date: Thu, 6 Jun 2013 16:02:52 -0700

Regarding citations to works, that is the route that has been taken by
instructors in the Distance & Online ed courses at my institution. For
HBR articles, they now just put in the citation and advise students to
look it up via the Library's resources

Regards,
Don

---------------------------------------------------------
Donald Taylor
University Copyright Officer & Research Repository Coordinator
Simon Fraser University Library, Burnaby BC  778.782.9705


________________________________
From: Dave Hansen <[log in to unmask]>
Date: Wed, 5 Jun 2013 19:05:27 -0400

Permissions culture indeed.

I have two questions:

1) What does your license say about fair use? The EBSCO licenses terms I've
seen for my institution have a clause that says something like
"notwithstanding the limitations enumerated above, this license shall not
restrict the use of materials under the doctrine of 'fair use' ." Unless the
EBSCO contract has something specific saying that publisher
conditions--which I assume are incorporated by reference in the overall
EBSCO license-- override that fair use savings clause, I would think  that
fair use still allows you to make at least some  e-reserve uses of HBR even
if the content is accessed through EBSCOHost. Without seeing the license
text, I don't know.

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.

-----
David R. Hansen
Digital Library Fellow
Samuelson Law, Technology & Public Policy Clinic
UC Berkeley School of Law
[log in to unmask]
http://www.law.berkeley.edu/librarycopyright.htm


> -----Original Message-----
> From: Cary Jardine <[log in to unmask]>
> Date: Wed, 5 Jun 2013 15:51:59 -0400
>
> When we first noticed this in on HBR articles in our EBSCO database a few
> years ago, I called and talked with someone in their licensing department
and
> got nowhere (as you might imagine).  While we felt that this was a fairly
> reprehensible move on their part, we did feel bound by our licensing
> agreement with them and told our faculty who used this resource most often
> what their options were.  Some of them chose to use other resources, some
> felt that HBR articles were still a valuable and necessary component of their
> course materials and opted for the pay-per-student option.  I believe they
> may have required the students to pay for the articles, since they weren't
> assigning a textbook for purchase.  I find HBR's "no course readings, no links,
> not even a whisper of a mention on a syllabus" stance truly puzzling
> especially in light of this statement from Harvard's provost:
>
> "The goal of university research is the creation, dissemination, and
> preservation of knowledge.  At Harvard, where so much of our research is of
> global significance, we have an essential responsibility to distribute the fruits
> of our scholarship as widely as possible."
>
> Steven E. Hyman
> Provost of Harvard University
>
>
> Cary Jardine, MLS
> Research and Instruction Librarian
> Antioch University New England
> Keene, NH  03431
> [log in to unmask]