support for faculty-curated course management systems such as Moodle and
Blackboard. Interviewees described a wide range of strategies for mitigating
fair use concerns around these practices, but three dominant strategies emerged:
limiting the quantity of content that could be made available
electronically (e.g., by following rigid quantitative guidelines
such as “no more than 10% or one chapter”);
limiting student access to electronic resources (e.g., by requiring a
password for access to electronic materials, or limiting access to
course materials to students currently enrolled in that course); and
shifting to others the responsibility for selection and placement of
materials in electronic format (e.g., by deferring to faculty choices
or simply allowing information technology departments to
operate these resources without library input).
While many interviewees believed some combination of these strategies
would help them employ fair use in good faith and avoid unwanted attention
from rightsholders, some lacked a clear rationale for exactly how and why these
strategies were employed at their institution. Consequently, these interviewees
lacked clear answers for faculty and students who questioned their policies, and
they were unable to make the case for progressive reforms that many faculty and
students thought were needed.
Questions about e-reserves and course management systems were
sharpened where video was involved. High-profile controversies over video
streaming had put the subject at the top of many interviewees’ minds this
summer. Some felt confident that they had chosen a reasonable policy that
supported library mission, but others were concerned that they might place
their institutions at risk if they provided access to video materials that was
on par with textual materials. As a result, some interviewees applied a double
standard to video or avoided electronic access to video altogether. Also,
some interviewees gave privileged status to video vendors, worrying that
small, specialty filmmakers would suffer if libraries used fair use rather
than paying for new licenses to use material already in library collections.
These interviewees felt a duty to support some vendors, and weighed the
possible economic losses of these vendors more heavily than those of
other rightsholders.
RLI 273
19
Challenges in Employing Fair Use in Academic and Research Libraries
(
C O N T I N U E D
)
DECEMBER 2010 RESEARCH LIBRARY ISSUES: A BIMONTHLY REPORT FROM ARL, CNI, AND SPARC
Previous Page Next Page