Re: Future of the "subscription model?"

[Rick Anderson <rick.anderson@utah.edu>]

>Does this mean libraries will push the envelope further on using 
>"fair use" to justify more copying than in the past?

I can't speak for anyone else, but as far as I'm concerned, the 
proper interpretation of fair use is not affected by the size of 
my budget. A use doesn't become more or less fair based on my 
ability to pay for subscriptions.

>Jonathan Band, adviser to the ARL on legal issues, believes that 
>"transformative use" can justify copying of ANYTHING except 
>current textbooks, on the theory that everything else (journal 
>articles, monographs, etc.) is written for a specific audience 
>of peers and not intended for classroom use, thus "re-purposed" 
>when copied for classroom use. See what he has to say on this 
>subject in the briefing paper he provided to ARL in the 
>HathiTrust suit. Band argues: "the scholarly works of nonfiction 
>that . . . probably constitute the majority of the works within 
>the Proposed Use, now serve a different purpose from when 
>written.

Jonathan Band doesn't speak for me, so I won't presume to speak for him.

Rick Anderson
Assoc. Dean for Scholarly Resources & Collections
J. Willard Marriott Library
University of Utah
rick.anderson@utah.edu