From: Sandy Thatcher <[log in to unmask]>
Date: Wed, 21 Nov 2012 11:58:50 -0600

Two questions for Ms. Hulbert:

1) Why do you assume that ILL falls under fair use instead of Sec.
108, for which the CONTU guidelines on ILL were specifically designed:
http://old.cni.org/docs/infopols/CONTU.html ?  Do you think that fair
use allows for all copying provided under Sec. 108? If so, why did
Congress bother to pass Sec. 108 if Sec. 107 makes it superfluous?

2) Do you accept the ARL Code of Best Practices in Fair Use for
Academic and Research Libraries, which among other things sanctions
the reproduction of entire scholarly monographs for classroom
"transformative" use on the theory that they were not originally
written for this market but are being "re-purposed" for such use? (As
you might imagine, publishers are worried that fair use in this way
becomes a tool to fulfill practically any need higher education has
for making multiple copies of scholarly works.)
http://www.wcl.american.edu/pijip/go/blog-post/arl-releases-code-of-best-practices-in-fair-use-for-academic-and-research-libraries

Sandy Thatcher


> From: "Hulbert, Linda A." <[log in to unmask]>
> Date: Fri, 16 Nov 2012 15:33:46 +0000
>
> Books at JSTOR is coming on line and I hate to rain on its parade.
> It's a terrific ebook product, I'm sure. The book content will be
> discoverable in the database that faculty use and to which they direct
> their students. If the book is in there and the user finds a citation
> to it from a JSTOR book or journal, the user can get to the book.
> They have listened to libraries for acquisition methods offering the
> books to be purchased book by book, narrowly described subject,
> broadly described subject, the whole collection or DDA. They are using
> the same tiers they've developed for journals for pricing.  JSTOR is
> that trusted source of archival materials and they have arranged for
> archival preservation.  Libraries have given them their content for
> digitizing. And libraries send 10s of thousands of dollars to them
> every year.
>
> Books at JSTOR will include the fine quality publications of our
> university presses and institutes.
>
> However, if I buy that same book through my book vendor (should it
> continue to be offered that way), I've negotiated the right to
> interlibrary loan - keeping my institution's fair use.  I know that
> ILL is inefficient and potentially more expensive for ebooks than
> other methods of accessing them (I don't need a response from
> colleagues telling me I'm stupid for trying to maintain fair use for
> ebooks). I believe in time the marketplace may direct me to the
> short-term loan as a more efficient and less expensive model - but I
> want that choice and that choice is gone in Books at JSTOR.  There is
> NO ILL. Period. Not a paragraph, not a chapter, not 10% of the book.
> When I sign the license to buy an ebook from Books at JSTOR, I cede
> Fair Use.
>
> The folks at JSTOR don't mention that in their literature and it's the
> last thing on the webinar.  We abandon the Fair Use doctrine at our
> own peril. We decide that our user needs are paramount and we're not
> going to worry about that so that we can get them this terrific
> content today, at our future peril. As we move more and more to the
> e-choice for books, we make more and more less available to our
> borrowing partners and they to us.
>
> I encourage my colleagues to put pressure on JSTOR to go back to the
> drawing board and renegotiate ILL rights for purchasers. I encourage
> librarians to go back to their University presses and encourage them
> to allow ILL and favorable rights for our publishing scholars.
>
> Linda
> Linda Hulbert, Associate Director
> Collection Management and Services
> O'Shaughnessy-Frey Library #5004
> University of Saint Thomas
> 2115 Summit Avenue
> St. Paul, MN 55105
> email: [log in to unmask]