The pending investigation of the University of California electronic reserves program by the Association of American Publishers has raised some interesting questions about the ethics of research and materials. If the work done by researchers and writers is made available to the public for free, does that give them less incentive to continue their hard work, or does it give students more reason to pursue knowledge?
For the writers of the articles, studies and excerpts that appear in students’ $70 course readers, their research is their job. As we all know, money is a blessing if you’ve got it these days. If the researchers aren’t getting proper compensation, they’ll have less incentive to work, and the AAP wants them to get what’s due. In a sense, those seemingly overpriced readers are researchers’ and professors’ reward for conducting the research that enriches our lives by advancing science, art and the humanities.
What about the needs of students, however? EReserves is there for them so they can have access to materials without having to buy costly readers on top of textbooks, especially with student fee rates rising through the roof. In terms of money, every little bit helps college students and their parents. And while stimulating research is important, the money students save is probably more significant than the benefits researchers would reap if this investigation forces the university to compensate the publishers for back royalties.
The university argues that under the fair use policy, they can distribute these materials for educational purposes in the same way that libraries can lend out books, to make intellectual materials available to the public. Similarly, the materials in these course readers will probably only be used for one class in one quarter, and will prove useless afterward. Having free resources also encourages students to research topics on their own, especially during college, when students are trying to broaden their horizons and find what interests them the most; this is probably why the fair use policy was implemented in the first place. Having information like course materials available online makes it easier for students to peruse these subjects and helps develop the Edisons and Einsteins of tomorrow. Readers can’t be sold back, so they will be tossed out, a waste of material and money. So why not keep them available in a means by which they can be used and “returned”?
So far, though, it seems the AAP doesn’t want to shut down the eReserves program, but rather get the legality of the program straightened out. While the issue seems trivial, this case could set an important precedent in terms of intellectual property. No one is even sure if anything illegal is being carried out, but if the university is found to be at fault, then students all over the United States might soon find themselves coughing up a few extra Benjamins every quarter. Regardless, it seems silly for the AAP to come after the students who will eventually be writing texts for them, especially at a time when students’ wallets are tighter than ever.