The Chronicle | Publishers go after E-Reserves

Reg. Req. The Chronicle: Daily news: Publishers go after E-Reserves: "Publishers are objecting to an electronic reserve system at the University of California in which libraries scan portions of books and journals and make them available free online to students.
In recent months, lawyers for the Association of American Publishers have sent letters to the university that object to the use of electronic reserves on the San Diego campus. The publishers say that the use of electronic reserves is too extensive, violating the 'fair use' doctrine of copyright law and depriving them of sales.
University officials counter that the electronic reserves at San Diego are well within the bounds of fair use. They worry that the letters portend a lawsuit.
'They clearly had a lawsuit in mind when they started contacting our office,' said Mary MacDonald, a lawyer for the university system. 'Their position was that the 'evidence' showed that we weren't following fair-use guidelines, that this was a national issue, and that the set of facts gave them a good platform from which to take legal action.'
Ms. MacDonald said she sent a 'comprehensive response' to the association in February, laying out how the university's electronic reserves respected fair use. She said she had not heard from the publishers since then. "