The Review Section 483

speaks about Stroessner as the current leader when his dictatorship ended in 1989, was not changed to reflect the new situation. The article by Zalewski did note the recent changes in Eastern Europe. Despite this shortcoming, much of the material is not likely to go out of date. Another issue is the number of pages devoted to each area in this book. There is uneven cov- erage. For example, 25 pages are devoted to Asia and 45 pages to the Caribbean. The arti- cles on Asia covered only Western language materials. It would also be helpful to have more uniformity. For example, very few articles discuss nonprint materials (other than microforms), and it would have been useful to include this category in all chapters.

Despite these relatively minor drawbacks, the overall result of this work is to provide the selector and acquisitions manager with in-depth information on bibliographies, vendors, and a multitude of strategies for obtaining materials from areas where they are often difficult to acquire. The strategies come from great experience, and there are valuable hints from the ex- perts in each chapter. In summary, this book is essential for selectors in college and research libraries, large public libraries and libraries which collect from these areas. This book is well worth the expenditure.

Frederick C. Lynden Assistant University Librarian

for Technical Services Rockefeller Library, Box A

Brown University Providence, RI 02912

CD-ROM Licensing and Copyright Issues for Libraries. Edited by Meta Nissley and Nancy Melin Nelson. Supplements to Computers in Libraries no. 23. Westport, CT: Meckler, 1990. x, 99 pp. $29.95. ISBN 0-88736-701-l.

CD-ROMs are without a doubt one of the hottest tickets in libraries. They are also one of the thorniest acquisitions. Because there is not a clean fit between the old and new means of pub- lishing, copyright law remains ambiguous in regard to new technologies. Clearly, librarians need a lot of help in applying copyright to CD-ROMs and in interpreting convoluted license agreements.

In this short work, Nissley and Nelson manage to present an excellent guide both to the basics and to the complexities of the legal issues regarding the use of CD-ROMs in the library. As Nissley points out in chapter 1, CD-ROMs deserve unique coverage within electronic re- sources, because they involve leasing, equipment, networking, and search software. Acquir- ing CD-ROMs for the library also has widespread implications for collection development and budgeting.

Nissley and Nelson draw on the expertise of librarians, CD-ROM producers, and an asso- ciation president. This balanced perspective lends strength to the work. The only perspective lacking is that of a lawyer who is well versed in the electronic technology, copyright, and licensing arenas.

The strongest chapter is the opening one by Meta Nissley, in which she identifies the issues, the everyday problems, and some approaches to solving the problems of CD-ROM licensing. Along the way she defines the parties involved in CD-ROM production and use, identifies the parts of license agreements that are restrictive or problematic, presents some options to con-

484 The Review Section

sider when faced with an objectionable license, and recommends some ways that licenses could better address the library setting. In all, Nissley gives an excellent overview, from acquisition to implementation, of CD-ROMs. Nissley’s chapter can stand on its own as a rational guide to dealing with CD-ROM legal issues.

In chapter 2, Linda Dobb, a law librarian, reviews recent legal decisions regarding liabil- ity for copyright infringement, the validity of shrink-wrap licenses, and downloading. We learn, to our dismay, that although state institutions are still immune from prosecution for copyright infringement, individuals acting in an official capacity for the institution can be held liable. This finding has frightening implications for librarians. On the other hand, shrink-wrap licenses, standard to the software industry, have been ruled invalid by a Louisiana court. Many copyright issues remain unresolved, and institutions probably will have to negotiate appro- priate contract terms with producers. Meanwhile, Congress will also be attempting to refine copyright law.

Chapter 3 turns more specifically to licensing issues. Christopher Pooley of SilverPlatter traces the early years of CD-ROM development in relation to other means of access to infor- mation. Pooley addresses some questions from the perspective of a producer of CD-ROMs, such as why is a CD-ROM leased instead of purchased, and how does SilverPlatter function as a producer? He gives good rationales for the actions and approaches of producers. For one, the producer acts as an intermediary between the owner of the database and the user. As such, the producer must protect the rights of the owner. Pooley also briefly discusses the future of access to CD-ROM databases through local area networking, campus-wide networking, and dial access.

Morris Goldstein of Information Access Company discusses networking and site licenses in more detail in chapter 4. Goldstein gives an industry perspective on the role of the producer in providing access to a CD-ROM database. He notes that there are significant differences be- tween applications software and CD-ROMs, including frequent updating, maintaining sub- scriptions, and downloading of information. The use of CD-ROM databases in the networked environment stretches the definition of fair and reasonable use. Producers must recognize that networking will occur in libraries and that requiring the purchase of multiple copies is eco- nomically unfeasible for most libraries. Goldstein thinks that the smart producer will recog- nize the needs of the library community and adapt licensing policies accordingly.

The very last chapter is fairly unique. Written by Richard Bowers, Executive Director of the Optical Publishing Association, it presents a “modest proposal” to help resolve the com- plex issues of CD-ROM licensing. Bowers turns to the entertainment industry and ASCAP (the American Society of Composers, Authors, and Publishers) for guidance. ASCAP’s efforts at monitoring the use of music properties focus on professional use. Unreimbursed amateur use is not considered an infringement of copyright. Bowers draws a comparison with information provision, which does not generate large sales volume, but does entail high marketing costs. A definition of the difference between professional and amateur use of information was not offered.

In addition to the main text, the editors provide a bibliography of useful works drawn from the library literature. Both Nissley’s chapter and Dobb’s provide references not included in the bibliography. Dobb’s references include legal decisions regarding the new technologies.

The book includes an appendix of representative license agreements, which the reader must take at face value. Because of the legal ramifications of trying to interpret licenses for the reader, Nissley and Nelson chose not to add commentary. There is also no indication of why or how these particular samples were chosen. The reader must rely on other sources for in- terpretation, but helpful comments on components of license agreements are included in the chapters by Nissley and Pooley.

The Review Section 485

Overall, one could not find a more concise handbook to CD-ROM legal issues. All chap- ters are extremely well written and informative. The breadth of expertise presented, from dif- ferent participants in the delivery of CD-ROM database information to the user, makes this a valuable work. For the practical aspects for dealing with CD-ROM issues, the reader should rely on the chapter by Nissley. The chapter by Pooley gives a good introduction to the indus- try perspective. The attempt of several of the authors to offer concrete suggestions for deal- ing with and improving the legal environment puts this work ahead of many others. Nissley and Nelson have produced a book which should find a place on the desk of every librarian involved in acquiring CD-ROMs.

.Joyce L. Ogburn Connection development Support Librarian

Yale university Sterling Memorial Library

P.O. Box 1603A Yale Station New Haven, CT 06.520

Policies of Publishers: A Handbook for Order Librarians. David U. Kim and Craig A. Wil- son, 1989 edition. Metuchen, NJ: Scarecrow Press, 1989. 279 pp. $29.50. ISBN o-8108-2233-4.

Earlier editions of this title were authored by Mr. Kim under the name Ung Chon Kim. As stated in the preface, “The main purpose of this book is to provide, in a single source, the in- formation needed by librarians in placing firm orders. ” Like the 1978 and 1982 editions, the 1989 edition is a handbook of publishers that includes the publisher’s corporate address; the address for orders; prepayment requirements, if any; discount policy; return policy; shipping and billing policy; backorder policy; special plans available; distribution imprints; and other information.

This book remains essentially the same as the earlier editions. Besides the addition of Mr. Wilson as coeditor, the only major change has been to increase the number of publishers listed from 400 to 600 and the cross-referenced publishers from 500 to 780. While the increase is laudable, the result is the continued omission of thousands of other publishers with no expla- nation of why publishers were included or omitted. The editors state that questionnaires were sent to publishers, but there is no explanation of how many questionn~res were sent nor are the selection guidelines used for publisher inclusion stated. The editors simply state that “the information contained . . . is derived from questionnaires completed by approximately 800 publishers.”

I believe the handbook would be more useful if the editors concentrated on a particular type or types of publisher. At this point, the handbook lacks focus and the user cannot be reason- ably assured that, of the thousands of publishers in the United States, the one in which he/she is interested is likely to be included. Striking examples of excluded publishers are evident even with only a cursory perusal. For instance, the University of Oklahoma Press, American Man- agement Association, IEEE, CRC Press, and Abbeviile Press are all excluded. Why? Because they did not fill out the questionnaires, because they did not receive a questionnaire, or be- cause they did not meet the editors unstated guidelines for inclusion? The 1982 edition’s prob- lem of omissions identity by Audrey Eaglen (School Library ~o~r~a~, December 1982, page 30) still applies to the 1989 edition.