Re: copyright issues of scanned articles

[Ann Okerson <aokerson@pantheon.yale.edu>]

In reference to Sally Morris's first paragraph below, I'd think it should
read "no digitisation can be legally carried out without the explicit
permission of the **copyright owner** (not "publisher").  I would modify
it further as follows, " or unless otherwise lawfully permitted."  The
publisher may not be the owner of the copyright; and "no digitisation" is
too blanket, I would argue, an assertion.

The rest of the message, which references specific broad-based
library/publisher agreements or licenses that permit digitisation without
explicit publisher permission each time (presuming the publisher owns the
rights), is most interesting.  I think many of us not in UK or Europe
would like to hear more about HERON and the EBLIDA agreements, please.

Ann Okerson
Ann.Okerson@yale.edu

_________________________________

On Fri, 30 Oct 1998, Sally Morris wrote:

> At present, no digitisation can be legally carried out without the
> explicit permission of the publisher and any other copyright owner (who
> may or may not require a fee) and under the terms specified by them.  

[SNIP]

> Sally Morris, Secretary-General
> Association of Learned and Professional Society Publishers
> South House, The Street, Clapham, Worthing, West Sussex BN13 3UU, UK
> 
> Phone:  01903 871686 Fax:  01903 871286 E-mail:
> alpsp@morris-assocs.demon.co.uk
> 
> -----Original Message-----
> From: Koltay Klara <kkoltay@giant.lib.klte.hu>
> To: liblicense-l@lists.yale.edu <liblicense-l@lists.yale.edu>
> Date: 29 October 1998 15:41
> Subject: copyright issues of scanned articles
> 
> 
> >As librarian not much trained in copyright law , but realising the
> >importance of the issue and wishing to make the most of our possibilites
> >without breaking the rules and law, I would like to hear your opinion on
> >the following:
> >
> >1. What restrictions does a library have to observe when trying to make
> >use of digitisation techniques and electronic data transmission in it
> >interlibrary loan transactions? What are the musts and must nots?
> >
> >2. In what way and with what restrictions can a library store the once
> >digitized articles and book chapters in a searchable database for further
> >use? Is it prohibited in itself? Can it be a resource database only to
> >prevent rescanning of the same article and the damage of a fragile
> >original document? Can it be an intranet database with scientific and
> >educational purposes? Can it be an database used by a wider consortium of
> >libraries?
> >
> >Thank you very much
> >
> >Klara Koltay
> >Debrecen, Hungary
> >kkoltay@giantlib.klte.hu
>