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Cornell, AAP Tout E-Reserve Guidelines

 September 21, 2006 SUBSCRIBE | PAST ISSUES 
 
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This Week's News
In Response to AAP Concerns, Cornell Issues New Guidelines on Electronic Reserves
In Canada, a Different National Decision on Series Authority Records
"Stunning Betrayal" as Texas Tech Student Steals $75K Worth of Library Books
Score! OSU Library Receives Major Gift from Athletic Department
New England Provosts Join Call for Passage of FRPAA
Best Sellers
About LJ Academic Newswire
 
Judith Russell superintendent of documents at the Government Printing Office (GPO) will retire early next year. She has been with the GPO for nearly a decade and also spent five years at GPO in the 1990s, directing electronic dissemination and the Federal Depository Library Program. She has more than 20 years' experience working in library and information centers as well as the publishing and information industries.
Isabel Dale Silver will become the assistant director of academic support services for faculty development, provost's office, University of Florida, Gainesville, effective November 6. She currently is assistant dean for academic affairs, Graduate School of Library and Information Science, University of Illinois at Urbana-Champaign.
 

In Response to AAP Concerns, Cornell Issues New Guidelines on Electronic Reserves

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.

AAP has long targeted electronic course reserves as a point of concern. In April of 2004, AAP made similar claims of copyright infringement against the University of California San Diego (UCSD). While AAP's Allan Adler said then that the association was not looking to sue, UCSD's Mary MacDonald said that the threat of litigation was implicit and served a purpose. "When you allege infringement you always raise the possibility of a lawsuit," she told the LJ Academic Newswire in 2004. "There is a chilling factor." She noted however, that as a state institution UC enjoyed sovereign immunity from damages claimed under federal copyright law, mitigating any threat of litigation, real or implied. Not so for Cornell, however, which, as a private institution would be liable for damages if found guilty of infringement. Both AAP and university officials, including MacDonald, agreed that a set of guidelines for electronic reserves was needed. Those efforts have fallen short, however. In 1997, for example, after more than two years of voluntary discussions, the Conference on Fair Use (CONFU) failed to adopt guidelines on fair use—including a policy on e-reserves.

According to AAP officials, the Cornell guidelines were "jointly drafted by Cornell and AAP," and represent a "seek permission first, ask questions later" approach. Specifically, they instruct faculty that they "must obtain permission to distribute such works to the same extent as permission is required with respect to reproductions and distributions of publishers' copyrighted works in hard-copy formats." The guidelines warn that permission must be secured to place items on electronic reserve that "have been used by the same faculty for the same course in the past" or for using more than "one article or one chapter" from any one source. Copyright law, makes no such claims, however, and allows libraries to make multiple copies for classroom and educational use. Curiously, before any mention of how faculty members can use electronic reserves within fair use, Thomas's memo suggests "alternatives to electronic reserve" which include buying course packets, placing a physical volume on reserve, making a "legal" hard copy to place on reserve, or seeking alternative resources that do not require permission.

While AAP officials heralded the guidelines and AAUP's Peter Givler suggested they formed the basis for a "national standard," Association of Research Libraries Assistant Executive Prue Adler and American Library Association Copyright Specialist Carrie Russell were not quite ready to go that far. Adler told the LJ Academic Newswire that ARL was still reviewing the guidelines. 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 told the LJ Academic Newswire. "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. "I think it is more accurate," she said, "and puts fair use at the forefront."

In Canada, a Different National Decision on Series Authority Records

While the Library of Congress earlier this year decided to discontinue the creation of series authority records, thus frustrating some in the library community, the Library and Archives Canada (LAC) has chosen differently. The agency released a notice stating, "Although LAC supports the goal of more cost-effective cataloguing and is undertaking its own review of policies, LAC has decided not to follow LC's recent decision to cease the creation of series authority records. The results of a costing analysis and consultation with the Canadian library community and with the public service areas of LAC indicate that the benefits of controlled series access points and authorities outweigh the cost of their creation."

Margaret Stewart of LAC's Standards office said, "The details of the costing study are not available and since there was no "scientific" way to determine use of series authorities in our system, the information that we had regarding use or value of series authority records was based on comments received from our public service area and from Canadian libraries.

"Stunning Betrayal" as Texas Tech Student Steals $75K Worth of Library Books

Texas Tech officials say a 22-year-old student assistant, Jonathan Nunley, ran a profitable side business stealing roughly 1000 library books, valued at around $75,000, and arranging to sell them through an Oregon-based online bookseller. According to the local reports in Lubbock Online, Nunley worked a slow late night-shift with little supervision, which allowed him to pilfer the books, which he then mutilated to cover up markings that identified them as library books. Jim Smith, owner of McKenzie Books in Oregon, told reporters that Nunley aroused suspicion after quickly becoming one of his top 30 high-volume sellers. Customers meanwhile complained that books from Nunleybooks were missing pages, including tables of contents. A part-time book sorter later noticed "Texas Tech University" on one of the books. Texas Tech library spokesman Jeff Whitley said that officials believe Nunley was not a serious student, but "someone with a criminal record who posed as a student in order to steal." Tech officials said they were revising their policies on supervision of student workers, and would consider other measures such digital video surveillance systems for the circulation department.

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Score! OSU Library Receives Major Gift from Athletic Department

The massive $109 million renovation of Ohio State's William Oxley Thompson Memorial Library received a $5 million boost last week from the Ohio State Department of Athletics. In an announcement this week, OSU president Karen Holbrook said the generous gift was "yet another way that our strong athletics program provides substantial financial benefits to our academic programs." OSU Athletic Director Gene Smith said additional revenues from Big Ten television rights, including the Big Ten Channel to be launched in 2007, made the gift possible.

The money will be disbursed to the library project over five years. Of the library's $109 million renovation budget, $70 million will be requested from state capital funds, $30 million will be generated from private sources, and $8 million will come from other university sources. The commitment from the Department of Athletics brings the total private dollars raised thus far to $20 million. The library has a long tradition of support from the athletics department. OSU football coach Jim Tressel and his wife, Ellen, chair the library's capital campaign.

New England Provosts Join Call for Passage of FRPAA

Joining a growing chorus of university officials, six public land-grant universities in New England, representing six states and $700 million in annual research investments, have issued a letter of support for the Federal Research Public Access Act of 2006 (FRPAA). Issued on September 6by the Council of Presidents of New England Land-Grant Universities, the letter is signed by the chief academic officers from the University of Connecticut, University of Maine, University of Massachusetts Amherst, University of New Hampshire, University of Rhode Island, and University of Vermont.

Now some 125 leaders from the higher education community have spoken out in support of the act. "Open access to publicly funded research facilitates the candid discussion needed to accelerate research, share knowledge, improve treatment of diseases, and increase human understanding," the letter reads. "Your bill is a crucial step in realizing this goal, and we look forward to working with you to secure the bill's passage." The FRPAA would require federal agencies that fund more than $100 million in annual external research to make manuscripts of peer-reviewed journal articles stemming from that research publicly available via the Internet. The bill is currently under consideration by the Senate Committee on Homeland Security and Governmental Affairs.

Best Sellers in Microbiology, January 2006–present, as compiled by YBP Library Services

  1. Beginner's Guide to Winning the Nobel Prize: A Life in Science
    Doherty, P. C.
    Columbia University Press
    2006. ISBN 0231138962. $24.95

  2. Physiology and Biochemistry of Prokaryotes
    White, David
    Oxford University Press
    2007. ISBN 0195301684. $94.00

  3. Microbial Ecology: An Evolutionary Approach
    McArthur, J. Vaun
    Elsevier Academic Press
    2006. ISBN 0123694914. $79.95

  4. Microbiology of Fresh Produce
    Ed. by Karl R. Matthews
    American Society for Microbiology
    2006. ISBN 1555813577. $99.95

  5. PCR Methods in Foods
    Ed. by John Maurer
    Springer
    2006. ISBN 0387282645. $79.95

  6. Bacterial Cell-To-Cell Communication: Role in Virulence and Pathogenesis
    Ed. by Donald R. Demuth
    Cambridge University Press
    2006. ISBN 0521846382. $130.00

  7. Molecular Identification, Systematics, and Population Structure of Prokaryotes
    Ed. by Erko Stackebrandt
    Springer
    2006. ISBN 3540231552. $199.00

  8. Microbiological Methods for Assessing Soil Quality
    Ed. by Jaap Bloem
    CABI Publishing
    2006. ISBN 0851990983. $120.00

  9. Introduction to Ecological Genomics
    Straalen, Nico M. Van
    Oxford University Press
    2006. ISBN 0198566700. $134.50

  10. Advanced Quantitative Microbiology for Foods and Biosystems: Models for Predicting Growth
      and Inactivation
    Peleg, Micha
    Taylor & Francis
    2006. ISBN 0849336457. $159.95

  11. Foodborne Parasites
    Ed. by Ynes R. Ortega
    Springer
    2006. ISBN 0387300686. $139.00

  12. Salmonella Infections: Clinical, Immunological and Molecular Aspects
    Ed. by Pietro Mastroeni
    Cambridge University Press
    2006. ISBN 0521835046. $130.00

  13. Biology of Vibrios
    Ed. by Fabiano L. Thompson
    American Society for Microbiology
    2006. ISBN 1555813658. $139.95

  14. Advances in Microbial Food Safety
    Ed. by Vijay K. Juneja
    American Chemical Society
    2006. ISBN 0841239150. $179.50

  15. Gram-Positive Pathogens
    Ed. by Vincent A. Fischetti
    American Society for Microbiology
    2006. ISBN 1555813437. $179.95

  16. Handbook of Microbiological Media for the Examination of Food
    Atlas, Ronald M.
    CRC Press
    2006. ISBN 0849335612. $149.95

  17. Gastrointestinal Microbiology
    Ed. by Arthur C. Ouwehand
    Taylor & Francis
    2006. ISBN 0824726413. $139.95

  18. Atlas of the Clinical Microbiology of Infectious Diseases; V. 2: Viral, Fungal & Parasitic Agents
    Bottone, Edward J.
    Taylor & Francis
    2006. ISBN 1842142402. $99.95

  19. Microbial Activity in the Rhizosphere
    Ed. by K.G. Mukerji
    Springer
    2006. ISBN 3540291822. $179.00

  20. Understanding Immunology
    Wood, Peter
    Pearson Education
    2006. ISBN 0131968459. $76.20

Library Journal Academic Newswire

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