Settlement? Cornell Issues New Guidelines on Electronic Reserves

-- Library Journal, 9/25/2006

The Cornell University Libraries has issued revised guidelines for faculty members who make readings available through electronic course reserves, a move that was immediately hailed by publishers as an example of dialogue and compromise. Some, however, say that the guidelines seem less like a compromise and more like a settlement made under the specter of potential legal action. In a statement, Association of American Publishers (AAP) president Pat Schroeder, said "publishers and the authors they represent are gratified that Cornell has responded positively to their concerns and has taken a leadership role on this issue in the academic community." Association of American University Presses executive director Peter Givler called the guidelines a "wonderful example of what can be accomplished when people who disagree agree to listen to each other and talk it out." In a memo to the campus community, however, Cornell librarian Sarah Thomas acknowledged that the revisions were made "in response to a complaint from the Association of American Publishers alleging copyright infringement." Thomas was traveling and unable to comment further at press time.

American Library Association copyright specialist Carrie Russell, careful to note that she was not speaking on behalf of ALA regarding its position on electronic course reserves, said the Cornell/AAP guidelines weren't bad, but were not quite what a national standard should look like. "Overall, the policy is fairly balanced," she said. "There are certainly many poor examples out there and this one is not poor." She went on to raise a number of concerns, however. "I would have emphasized that the fair use determination comes before the need to get permission," she noted, adding that none of the major library associations endorse "fair use guidelines" as an "alternative to fair use." She suggested libraries seeking to establish faculty guidelines for electronic reserves look to the best practices statement prepared by the major library associations in 2005 before looking to Cornell.