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----------------------------Original message----------------------------
I spoke to Patricia Brennan of ARL (Association of
Research Libraries) last Thursday, Oct. 31.  She
told me that in the prior week the ARL membership
had voted to NOT endorse ANY of the CONFU guidelines.
Their rationale: why give up rights you already have.
ARL has started drafting guidelines for their member
organizations.

This should not be surprising. This is the same pattern
that occurred in 1975-77.  With the passage of the 1976
Copyright Law the Classroom Guidelines were drawn up
and endorsed by organizations. However, American Library
Association and other university libraries did not
sign on, and began drafting their own guidelines.

I for one think the Image guidelines are extremely problemmatic
and conceptually inconsistent.  If a digital thumbnail has
no commercial value, why must I then ask permission from
publishers to use it, especially since the publishers do not
own the rights to the image?  They will refer the question to
authors, who do not generally own the rights.
The time and expense involved in writing to publishers for
permission to use something that has no commercial value
to which they don't own the rights, generally speaking, is
daunting.

I am heartened to learn that ARL will not sign on, and that
they reached this decision before the final guidelines were
released.

I am very concerned that these guidelines, if adopted by
many organizations, could seriously erode the best parts of
education as we know it, and could lead us into an era of
education for those schools that can pay for information,
especially information that is kept in trust for all of
humanity, to be treasured and preserved and passed on for
the enlightenment of future generations, and not just those
individuals and institutions that can pay.

Maryly Snow
UC Berkeley
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