Karen,

 

Looking at fair use guidelines, I’d interpret the request this way:

 

1.     Character of use – nonprofit, educational

 

2.     Nature of the work – published

 

3.     How much will you use? – small amount

 

4.     If this kind of use were widespread, what effect would it have on the market for the original?  - none, since both institutions have already purchased the original work.

 

I’d say that all four factors weigh in pretty heavily on the side of fair use.  I think it would also make sense, legally and otherwise, to use scanned images as long as those images aren’t then disseminated electronically.

 

Tom Riedel

 

_______________

 

Tom Riedel

Distance Services Librarian

Regis University

3333 Regis Blvd D-20

Denver, CO  80221

303-458-4261

 

 

From: ART LIBRARIES SOCIETY DISCUSSION LIST [mailto:[log in to unmask]] On Behalf Of Karen Hutchison
Sent: Friday, May 08, 2009 6:39 AM
To: [log in to unmask]
Subject: [ARLIS-L] Copyright Question

 

Hello All,

I had an interesting request this morning and I can't seem to determine the legality of the request through the copyright resources that I have access to.

Another library would like to send  a book to the binder: however, there are some missing pages.  They have contacted us asking for copies of those pages, so they can include them in the binding process.  The copies include text and images.  Is this legal?  If it is, would there be a difference between scanned images as opposed to making B&W copies on a copier? FWIW -- The other library is a school library.

Thanks for any input into this situation. 

Karen

Karen J. Hutchison | Library Director
Pennsylvania College of Art & Design | 204 North Prince Street | P.O. Box 59
Lancaster, PA 17608-0059
Ph 717.396.7833  x1021 | 717.396.1339 | [log in to unmask] | www.pcad.edu/Library/index.html

Confidential Material:  This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If received in error, please notify the sender by return email and destroy all copies of the original transmission and any attachments.  Thank You.

If you wish to view information about Pennsylvania College of Art and Design, please visit out website at www.pcad.edu

__________________________________________________________________ Mail submissions to [log in to unmask] For information about joining ARLIS/NA see: http://www.arlisna.org/join.html Send administrative matters (file requests, subscription requests, etc) to [log in to unmask] ARLIS-L Archives and subscription maintenance: http://lsv.uky.edu/archives/arlis-l.html Questions may be addressed to list owner (Judy Dyki) at: [log in to unmask]