Copyright & reformatting/dissemination

[Koleta B Tilson <kbtilson@SACAM.OREN.ORTN.EDU>]

On  Tue, 24 May 1994, Sarah Peckham wrote

>I have a verticle file full of copies of articles on literary criticism
>which is regularly xeroxed and used by English classes. I wish
>to scan these articles and put them on the file server so students can do
>the kind of searching that they do with other data bases.
>What are the copyright limits here?

This question regarding the extent to which a provider of information for
students and teachers can legally reformat and disseminate copyright
media seems a timely one to think about.

Reformatting and distribution powers were rather centralized and
controlled prior to the availability of technologies which now empower
individuals to exercise publishing and clearinghouse capabilities.
These new options of usage present considerable challenge for librarians
(1) to know the law, and
(2) to make professional judgements to achieve responsible compliance.

In order to arrive at appropriate usage determination on this, it may be
productive to consider questions such as those which follow:

1.  Is the present retention of *copies* in the vertical file legal?
    If so, move on to question 2.  If not, stop here and dispose of them
    or request permission to archive the copies.

2.  Can an information provider reformat copyright media for archival
    storage and/or dissemination purposes, or, under the law, is
    reformatting user/use specific?
    If both providers and users can reformat and retain copies, move to
    question 3.  If not, stop here and secure permission from the
    copyright owner before digitizing the documents and making the
    files available for dissemination.

3.  If/when a system is developed to make copyright documents on files
    available for dissemination via the file server:
    Must this system of dissemination and subsequent usage comply with
    the fair use and/or educational classroom use guidelines?

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Dr. Koleta B. Tilson, Librarian  kbtilson@sacam.oren.ortn.edu
Sullivan Central High School    TILSONK@CTRVAX.VANDERBILT.EDU
Blountville, TN 37617
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