Admins: Link to ebrary books from course management software – don’t copy and paste the content itself

We encourage you to paste links to ebrary books in your course management software (e.g., Moodle) instead of sections of actual content.  With links there is no concern about authorized access – links only work if your ebrary site still has access to the book.  To create a link to a particular page of an ebrary book, see:
http://support.ebrary.com/kb/create-url-to-a-page

Pasting the content of an ebrary book in your course management software raises issues of infringement because access of the content cannot be tracked and the content might accidentally end up being available even once you no longer have access to it on your ebrary site.

It is up to library admins to assess whether intended use of content is a “Fair Use” or an infringing use – the same as with print books.  Use your library policies and procedures that have been set up to guard against infringement to address questions.  There have been recent lawsuits against schools that tried to set up central content systems, under circumstances where publishers believed they were being infringed.

Here are the relevant entries from the ebrary Terms and Conditions:

c. Electronic Reserves. Articles or other works contained in a Product may be included in your electronic reserves systems so long as such use employs durable links to the Products so that a “hit” is registered on ProQuest’s on-line platform each time a student views the work on reserve.

d. Fair Use/Fair Dealing.  Nothing in this agreement restricts your use of the materials contained within the Products under the doctrines of “fair use” or “fair dealing” as defined under the laws of the United States or England, respectively.

So… pasting links to ebrary is always okay, pasting the actual content is riskier and you’ll have to make a judgement call whether it would be considered fair use or infringing use.