response to article

[Albanese, Andrew (Cahners-NYC)]

	I recently accessed an article from Online Magazine (september 1999,
vol. 23, #5) entitled "Document and Delivery: Librarians Take the Fifth" by
Online magazine columnists Paula Eiblum and Stephanie Ardito. This column
claims to be a survey of librarians on copyright issues. We planned on
reporting news of the "survey" in the Library Journal Academic Newswire, but
before we do we would like to hear from members of the library community.
Are any of you concerned that this "survey" was written by Eiblum, a
self-described "information broker, book dealer, and document delivery
supplier?" I would also be interested in obtaining responses to the "results
of the survey" and the characterizations of the library community contained
herein. Thanks in advance. You can respond to me at aalbanese at cahners.com. 

	here's a few choice excerpts from the ONLINE Magazine story:

	""Please don't quote me!" "Don't name my institution!" "Who else
will read this?" "I will not reply in writing, but you can interview me on
the phone as long as you don't tell anyone." "Ok, Ok, but there are some
questions that I don't wish to answer."  What questions elicited such
responses? Was this an interrogation of witnesses to a crime? Evidence about
tax evaders? No, these were some of the responses we received from the
librarians whom we surveyed for this column." 

	"Do you seek permission from authors and publishers? We got a number
of "sometimes" and "on occasion" responses to this query, and no
explanations were offered. Several left this section blank."

	"How do you handle requests for Masters theses? Do you seek
permission from the author? Do you provide a loan of the document and let
the requester know that copying is prohibited? Do you provide the author's
address to the client and advise him to seek permission directly? This
question was prompted by Paula's experiences when requesting
copyright-cleared copies of Masters theses over the past ten-year period,
and especially by a hand-written note once received on a returned ILL form
from a major university stating "we lend, you copy." 

	"We were surprised that, given the opportunity to express their
views and to be heard, very few librarians commented or expanded on current
problems, or offered any suggestions for lessening the confusion surrounding
compliance issues. Only one proposed that a new copyright law be enacted.
The major issues raised were the escalating copyright fees, electronic
compliance, and the vagueness of existing copyright laws. One librarian
remarked that fees have become so high that users will look for ways to
circumvent rather than pay." 

	"Unclear laws, new electronic issues, inequities in royalties among
various formats and services, and the prohibitive and rising fees levied by
publishers have caused information professionals to become perplexed and
uneasy when asked to comment verbally or in writing about their policies and
procedures. What struck Paula the most was the almost mute and deafening
silence that her request for participation produced, and how much coaxing
was necessary to persuade the library directors to participate in this
survey. Most professional library and information trade organizations have a
Code of Ethics that emphasizes respect for intellectual property. Lib
rarians by definition value free speech and the protection of individual
rights. Librarians want to have an enforceable copyright law that invites
compliance rather than avoidance. Will we ever see that day?