Transforming’ the Conversation: Rethinking Fair Use in Academic Course Reserves

The Association of Research Libraries' 2012 publication, Code of Best Practices in Fair Use for Academic and Research Libraries, focuses heavily on the concept of transformative use within the fair use analysis. In some cases, the Association of Research Libraries advocates for using the entire work in an electronic format for course reserves. However, current approaches to electronic course reserves and fair use/transformative use arguments are not conducive to utilizing the Association of Research Libraries' recommendations. This article attempts to reframe the conversation by examining fair use in a broad context and the role of the class in the fair use analysis.

Settlement of chambers, 1741-1764

The book is comprised of folio-sized pages conserved in a modern soft-cover binding. The volume consists of yearly handwritten lists of dormitory room assignments for the years 1741-1753 and 1761-1764. Students are listed by last name and building names are often abbreviated as "M" for Massachusetts Hall, "S" for Stoughton Hall, and "O" for Old College or Harvard Hall. The organizational pattern varies by list, some are alphabetical, others arranged by building and room number. The lists for 1743, 1748, 1749, 1761-1764 also note students living outside of the College and their locations. The lists for 1761-1764 also include the waiters and monitors for the academic year.

A plan of Cambridge Green, 1780 September 14

Small pen-and-ink and watercolor drawing of Cambridge Green created by Harvard senior John Davis, presumably as part of his undergraduate mathematical coursework. The map surveys Cambridge Commons and includes a few rough outlines of College buildings and the Episcopal church, and notes the burying ground, and the roads to Charlestown, Menotomy, the pond, Watertown, and the bridge. The original handwritten text is faded and was annotated with additional text by Davis including the note "[taken in my Senior year at H. College Septr 1780] Surveyed in concert with classmates, Atkins, Hall 1st, Howard, Payne, &c.- J. Davis." There is a note that "Atkins afterwards took the name of Tying." Davis refers to Dudley Atkins Tyng, Joseph Hall, Bezaleel Howard, and Elijah Paine, all members of the Harvard Class of 1781.

Mr. Marsh's catalogue, ca. 1764

A half-page handwritten list of books with the author's surname, title, and location in the old Harvard Library, signed "Mr. Marsh." The list includes the note, "Shuckford's Connection is charged to you." The document is undated but presumably was created following the Harvard Hall Fire of 1764 as part of the College's efforts to inventory volumes that were spared because they were checked out at the time of the fire. Many of the books are listed in a charging record for Thomas Marsh recorded in a Harvard library account book (UAIII 50.15.60, Volume 1, Box 95), including "Shuckford's connection" which was charged to Marsh on September 23, 1763.

Harvard Library bookplate collection, 1764-1960

This collection contains samples of bookplate labels that were pasted into books held in the libraries of Harvard University, dating from 1764 to 1960. The collection includes bookplates arranged chronologically and bookplates of the Harvard College Library and departmental libraries arranged alphabetically. The collection also contains correspondence related to bookplates, dating from 1918 to 1921, and a list of printed seals used in Harvard College Library. Some of the bookplates include handwritten inscriptions, while others are blank. There are six 18th century bookplates with inscriptions documenting gifts and bequests made following the 1764 fire that destroyed the bulk of Harvard's Library from Marblehead, Massachusetts, minister John Barnard (1681-1770; Harvard AB 1700); New Hampshire Governor Benning Wentworth (1696-1770; Harvard AB 1715); Portsmouth, New Hampshire, merchant Thomas Wibird (1706-1765; Harvard AB 1728); and merchant Thomas Lee (died 1787) of Cambridge, Massachusetts.

Notebook of Obadiah Ayer, 1708-1716

The leather-bound notebook contains academic texts copied by Obadiah Ayer while he was a student at Harvard, and after his graduation in 1710. There is a general index to the included texts at the end of the volume.

Student notebook of Samuel Dunbar, 1721-1722

This leather-bound volume contains substantial transcriptions copied by Samuel Dunbar from textbooks while he was a student at Harvard in 1721 and 1722. There is a general index to texts at the end of the volume. Dunbar's notebook provides a window into the state of higher education in the eighteenth century and offers a firsthand account of academic life at Harvard College. Notably, he often indicated the number of days spent copying texts into his book.

Philosophia naturalis ex authoribus extracta per dominum

This leather-bound volume contains a manuscript copy of Charles Morton’s Compendium Physicae copied by Harvard student Obadiah Ayer in 1708. The volume has text and drawings (including one large foldout drawing), and there is an index to the chapters at the end of the volume. Mather Byles (Harvard Class of 1725) also used the book.

Student notebook of Jonathan Trumbull, 1724-1725

The bound notebook contains academic texts copied by Harvard student Jonathan Trumbull in 1724 and 1725. The volume includes transcriptions of Harvard Instructor Judah Monis' Hebrew Grammar, Tutor William Brattle's Compendium of Logic, and Fellow Charles Morton's Natural Logic.

An abridgment of what I extracted while an undergraduate at Harvard College, 1766-1769

The bound volume contains excerpts copied by Benjamin Wadsworth from books he read as a student at Harvard in the late 1760s. The volume includes almost no personal commentary on the readings. The excerpts are arranged by year of study for the academic years 1766-1769, beginning when Wadsworth was a sophomore. Each entry begins with a title indicating the book title and author for the passage, and there is an alphabetical index at the end of the volume. Wadsworth selected “extracts” from both religious and secular texts including several histories of England, American histories (with a focus on Puritans), the Bible, and in his senior year, “the Koran of Mohammed.” He also read several books on the art of speech and the art of preaching. There are few science texts included, though the final five-page entry is titled, “What I thought fit to note down from Mr. Winthrop’s experimental Lectures” and contains notes both on the content of Professor John Winthrop’s lectures as well as the types of experiments being performed in class. Wadsworth’s commonplace book offers a window on the state of higher education in the eighteenth century and offers a firsthand account of academic life at Harvard College.

Commonplace book of John Bullard, 1775-1779

This bound volume contains excerpts copied by Jonathan Bullard from books he read as a student at Harvard in the mid 1770s. Excerpts include an unattributed poem titled "On Friendship," which appeared in the "poetical essays" section of Volume 36 of the London Magazine in 1767; Joseph Butler, The Analogy of Religion, 1736; The Quaker's Grace; a history of England; Newton's laws; Plutarch's Morals; Benjamin Franklin's writings on the Aurora Borealis. The volume also includes several extracts from articles about the death of John Paddock (Class of 1776), who drowned in the Charles in the summer of 1773, sheet music for two songs, "The Rapture," and "A Song" from Henry Harington's "Damon and Chlora," and a transcription of the satirical "Book of Harvard," written in response to the Butter Rebellion of 1766. Interleaved in the middle of the volume is a transcription from an ecclesiastical event moderated by Ebenezer Bridge in Medford, Mass. on November 20, 1779. The variety of texts suggests the commonplace book was not used solely for academic works.

Student notebook of James Varney, 1721-1725

The bound notebook contains academic texts copied by Harvard student James Varney in the early 1720s. The texts are written tête-bêche (where both ends of the volume are used to begin writing). The front paste-down endpaper reads 'James Varney his book 1724,' and the rear paste-down endpaper reads 'Joseph Lovett' [AB 1728].

A proof of Jesus Christ's being the ancient promised Messiah: a sermon preached in the Chapel of Harvard College at Cambridge in New England, June 23, 1756

The hand-sewn notebook contains a 24-page manuscript draft of the second Dudleian lecture, delivered by John Barnard on June 23, 1756. The copy includes a small number of edits and struck-out words adopted in the printed version published by J. Draper of Boston in 1756. The sermon begins with the Biblical text Mark 14:61, 62. The covers are no longer with the item.

Popery a complex falsehood: or an attempt to clear and evidence, that it is so, in a lecture had at Harvard College in Cambridge, New England, on May 10th, 1769

The hand-sewn notebook contains a 30-page manuscript draft of the Dudleian lecture delivered by Samuel Mather on May 10, 1769 at Harvard College. The sermon begins with the Biblical text 2 Thess. 11:11, 12. The copy includes a small number of edits and struck-out words. The item has unattached pages and is in fragile condition. The lecture was never published.

Sermon at the annual Dudleian lecture at Harvard College in Cambridge, May 14th, 1760

The hand-sewn notebook contains a 41-page manuscript draft of the Dudleian lecture delivered by Samuel Wigglesworth on May 14, 1760 at Harvard College. The sermon begins with the Biblical text I Cor. 1:21. The copy includes a small number of edits and struck-out words. The covers are no longer with the item.