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]