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I am by no means a lawyer, but unless the work is no longer in copyright, copying an entire material would violate the "substantial portion of the work" clause. My understanding that 20% use was permissible. https://www.copyright.gov/fair-use/more-info.html Virginia Roberts Director Rhinelander District Library--Your Library For Life! [log in to unmask]<mailto:[log in to unmask]> 715-365-1070 x1082 (work) "Libraries will get you through times of no money better than money will get you through times of no libraries." --Anne Herbert ________________________________ From: ARLIS/NA List <[log in to unmask]> on behalf of Leah Sherman <[log in to unmask]> Sent: Wednesday, July 15, 2020 11:05 AM To: [log in to unmask] <[log in to unmask]> Subject: [ARLIS-L] A question about making book scans + Fair Use during COVID Dear Collective Wisdom, I hope you are all safe and well! I am writing to ask how your institution is handling scanning requests during the COVID pandemic. In particular, I am interested to know how you are responding to requests to scan entire books, especially in an instance where the book in question is only available in print. Are you filling such requests and if so, are you using Fair Use as your argument? Just to give a little context, at FSU we currently have 2 services in place while our library spaces remain closed to the public: 1) we are doing a curbside pick up for physical books from our collection for individual check out, and, 2) we are offering to scan articles and portions of books from our collections, either for individual use or to upload into an instructor’s Canvas course site as an e-course reserve (we will not be resuming physical course reserves this fall, regardless of whether or not the physical library building reopens to patrons). Unsurprisingly, our Arts and Humanities disciplines have begun asking for scans of entire books, and in the Arts most of these requests are for titles that are only available in print (no e-book is available and they have not already been digitized in Hathi or Google Books, etc.) Even after speaking with some faculty about reproduction restrictions, they still feel strongly that the entire content of these titles is crucial to their instruction, tests, and research assignments this fall and they do not think a selection of chapters will be sufficient. With this in mind, and with my earlier points that we will not be resuming physical (in-person) course reserves (so course-wide access to the content would be otherwise unavailable) and that the scanned versions would only be accessible behind a login (and not made freely available so as to negatively affect market value), I am inclined to say that there is a case here for a Fair Use argument in order to indeed scan and upload the full text into Canvas after all. So TL;DR: are you getting similar requests to make scans of entire print-only books from your faculty and if so, what is your response? Why? Thanks for any and all thoughts! I appreciate every one of you, Leah Leah Sherman Visual & Performing Arts Librarian Florida State University Libraries 116 Honors Way Tallahassee, FL 32306 ~~~~~~~~~~~~~~~~~~~~~~ Mail submissions to [log in to unmask]<mailto:[log in to unmask]> For information about joining ARLIS/NA see: http://www.arlisna.org/membership/join-arlisna Send administrative matters (file requests, subscription requests, etc) to [log in to unmask]<mailto:[log in to unmask]> ARLIS-L Archives and subscription maintenance: http://lsv.arlisna.org Questions may be addressed to list owner (Judy Dyki) at: [log in to unmask]<mailto:[log in to unmask]> ~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ Mail submissions to [log in to unmask] For information about joining ARLIS/NA see: http://www.arlisna.org/membership/join-arlisna Send administrative matters (file requests, subscription requests, etc) to [log in to unmask] ARLIS-L Archives and subscription maintenance: http://lsv.arlisna.org Questions may be addressed to list owner (Judy Dyki) at: [log in to unmask] ~~~~~~~~~~~~~~~~~~~~~~