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----------------------------Original message----------------------------
Dear colleagues,

I would like to thank those who drew my attention to the fact that Greg Most
is the ARLIS/NA representative at the CONFU discussions on the educational
use of digital images.  I would also like to thank Katherine Poole and Hinda
Sklar for reminding me (and us) that the Public Policy Committee is eager to
receive comments from the membership on this issue.

Having said that, I would also like to register my considerable displeasure
at the flip manner in which Mr Most has elected to respond to my serious
and, I think, legitimate concerns.  He writes:

"Gee, Max, you have missed a lot of the fun already but it is never too late
to catch up!"

I am, of course, pleased that Mr Most has found the CONFU discussions "fun"
but I frankly resent the implication that I (or any of the ARLIS membership)
need to "catch up" with an issue that has engaged our profession's attention
for quite some time.  Ultimately, of course, being patronized in this manner
is unimportant.  What is, however, terribly important is the educational
mission we serve, individually and as a profession, and so I am frankly
alarmed that our representative in these important discussions regards our
relationship to alleged copyright owners (incomprehensibly) as analogous to
that of "teenagers" and their "parents":

"Rights holders are given more protection under the guidelines because that
is exactly what they are; the person or organization that hold the copyright
of an image.  Remember when you were a teenager and your parents let you
drive their car.  They set the rules and conditions.  If you wanted to use
the car you followed them. If you didn't and were caught doing something you
shouldn't have, there was some form of retribution.  On the other hand, in
addition to the rules, they also wanted you to help out and use the car to
run errands that would benefit the family in general. Instead of paying for
the gas and maintenance like you might have, they let you use the car,
maintaining it themselves, even letting you use it for longer than you had
agreed."

Mr Most adds: "That was not the best analogy but it is my poor attempt at
making the issues we soon will face a little more clear."  It is indeed not
the best analogy.  It not only does nothing to clarify the issues at stake
but, in my opinion, represents a regrettable and unacceptable capitulation
to the interests of other parties in the CONFU discussions.   I do not doubt
that, as Mr Most writes, "The balance of weight in the guidelines has
steadily been shifting from rights
holders to users so that no, the guidelines are much more balanced than they
were in the first drafts."  Unfortunately that's not saying much: the
guidelines remain hostage to interests that conflict with our own mission
and should not be endorsed by ARLIS/NA.

For this reason, the Yale Library (among others) has recommended that the
guidelines not be endorsed by the Association of Research Libraries, which,
like ARLIS/NA, is represented in the CONFU discussions, and which seems to
take its members interests--and, by extension, those of the population they
serve--seriously.

Max Marmor
Art & Architecture Library
Yale University