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Error - unable to initiate communication with LISTSERV (errno=10061, phase=CONNECT, target=127.0.0.1:2306). The server is probably not started. ----------------------------Original message---------------------------- Dear colleagues, I had the privilege of representing the Association of Research Libraries (ARL) at the final CONFU session on the educational fair use of digital images on 10/29. As Maryly Snow has recently observed on VRA-L, the ARL board has voted not to endorse at this time any of the current versions of the draft CONFU guidelines. ARL's Working Group on Copyright has recommended that ARL clearly articulate its position on each set of guidelines and the specific problems with them while continuing to work toward development of best practices for fair uses of copyrighted materials. (I do not believe ARL is, technically, proposing to produce "guidelines" in a formal sense, as Maryly's thoughtful posting might suggest.) May I take this opportunity to elaborate briefly on my own sense of the guidelines' fundamental and fatal shortcomings? In doing so, I can do no better than to briefly excerpt the statement Ann Okerson (AUL for Collections at Yale) and I submitted to ARL on 9/3. Nothing I saw or heard at the 10/29 meeting would prompt us to change a word. But we did gain a new appreciation of the valiant, if ultimately unsuccessful, efforts of our VRA and CAA colleagues to champion the legitimate interests of the educational community. (ARLIS/NA was regrettably not represented at the final meeting.) * * * "Our 'bottom line' is ... the draft guidelines should not be endorsed because any agreement about digital images is premature; endorsing this draft will make departures from these guidelines seem improper even where those departures will be likely and can be entirely appropriate. We stress that in colleges and universities, digital images are, a vast majority of the time, used in teaching and learning ... "We believe that the proposed guidelines attempt to set up a "market" in the educational environment where there is not and should not be such a market ... We also note that the draft guidelines incorrectly assume that the current state-of-the-art for print publications applies (or should) to visual images ... Even if this print-type world were the natural or desirable state for visual images (we are far from sure of that), the analogy between visual and print worlds is more of a dream than a reality. If that is where visual works are headed, the drafters surely remember that the print licensing world has taken some years to get organized to the point it is today ... [and that] ... even for the much more organized print environment, the licensing situation is not nearly as neat as the CONFU digital imaging guidelines would have one believe ... In summary, the visual image world is anything but tidy ... "We believe the visual resources community should be stressing the ... educational nature of their enterprise ... [and that] they are facilitating and enabling those who teach and learn." * * * I hope and trust that both ARLIS/NA and VRA will decline to endorse the guidelines and so am taking the liberty of posting these thoughts to both organizational listservs. Thank you. Max Marmor Art & Architecture Library Yale University