I agree with getting permission.
This is a weird case though. It appears that he submitted a dissertation, but 
did not actually graduate. But they mistakenly sent his dissertation to the 
library anyway.

The graduation process normally involves signing paperwork that says 
dissertation will be placed in the library, and nowadays would include a clause 
about digitizing for the institutional repository. An option to embargo (not 
make available outside the university) for a few years is usually part of this 
agreement.


Barb Bergman | Media Services & Interlibrary Loan Librarian | Minnesota State 
University, Mankato | (507) 389-5945 | 
barbara.berg...@mnsu.edu<mailto:barbara.berg...@mnsu.edu>

From: videolib-boun...@lists.berkeley.edu 
[mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Thursday, March 03, 2016 8:29 AM
To: videolib@lists.berkeley.edu
Subject: [Videolib] Actually DO NOT put any faculty or student work in your 
collection without permssion

sorry I can't find the original thread but there was recent discussion on 
digitizing and adding various works to academic libraries including works by 
students and staff
and I just stumbled on this. There was a case exactly on point  ( though it 
involved merely the written work not digitization) and courts rules schools can 
NOT put a students thesis in a collection without permission.
This was the groups view anyway bu I don't think anyone knew there was a court 
case

http://copyright.gov/fair-use/summaries/diversey-schmidly-10thcir.2013.pdf





--
Jessica Rosner
Media Consultant
224-545-3897 (cell)
212-627-1785 (land line)
jessicapros...@gmail.com<mailto:jessicapros...@gmail.com>
VIDEOLIB is intended to encourage the broad and lively discussion of issues 
relating to the selection, evaluation, acquisition,bibliographic control, 
preservation, and use of current and evolving video formats in libraries and 
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working tool for video librarians, as well as a channel of communication 
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