Recently, I attended a faculty professional-development event and, as is often the case at such things, the subject of putting pdf copies of course readings directly into one’s course on the university learning management system (LMS) came up. As I sat quietly (or at least attempted to), a faculty member showed how easy it was to simply upload these files into their course. "But can I do that?" someone asked. "Don’t I have to use the library reserve process?"

By nature we are all creatures of using the path of least resistance. Is it easier to simply upload everything myself into my course than to plan ahead and have someone provide me access through the library? Absolutely! The question, however, isn’t (or shouldn’t be) is it easier, but what is legal. As it turns out "fair use" is not an easy thing to determine and even those (like libraries) who are perhaps the most versed at the process are not immune to getting themselves into trouble. In 2008, Georgia State University was sued by three publishers (Cambridge University Press, SAGE Publications, and Oxford University Press) for copyright infringement for materials placed on the university electronic-reserve system. 

The ruling in GSU’s case just came down last week, and the judge, by and large, ruled on the university’s behalf. This case has been closely watched in university circles especially in light of some fairly restrictive cases just north of the border in Canada. Barbara Fister’s blog entry on the GSU decision poses some interesting thoughts on the topic of what happens if institutions decide to avoid risk by simply paying higher fees to license-collecting agencies without regard to fair use.

This is essentially what has happened and is happening in Canada where Access Copyright (the Canadian license collection organization) is attempting to severely increase rates and have claimed that "posting a link" is the same as making a copy. Potentially, a university who accepts the new fee structures could now be responsible for a $27.50 fee for every full-time equivalent student and be subjected to surveillance of campus email accounts.

In light of the turmoil in the world of copyright clearance and fair use, what are faculty members to do when it comes to making decisions about using excerpted materials in their classes? The short answer is stick with the professionals. If you don’t think that the publishing world is watching, think again. If a library can get into hot water, don’t believe that you are only small potatoes. The best option is to work within your university’s copyright and fair use policy and your library reserves process.