Re: Foreign Copyright

["Tony Davies" <TDavies@groupwise.swin.edu.au>]

Dear Ros,

Thanks for your message, we are grappling with such licence requirements
in Australia too. We also have British licences which refer to provisions
in the UK Copyright Act.

One of our US vendor licences allows interlibrary loan in accordance
Section 108 of the US Copyright Act and CONTU guidelines, as in you
example, but helpfully adds "and with analagous applicable laws of other
jurisdictions".  Neat, so we can use the Australian ILL provisions.

I haven't yet tried to renegotiate other licences to include a similar
statement, but will attempt to do so.

Tony


Tony Davies
Electronic Services Librarian
Swinburne University of Technology
PO Box 218 Hawthorn Victoria 3122 Australia
Phone: +613 9214 5228  Fax: +613 9214 5508
http://www.swin.edu.au/lib

>>> M.R.Doig@derby.ac.uk 06/19/01 07:36AM >>>

Dear All

What is the position regarding copyright in resources that are used in
countries other than the country of origin? Case in point:- I have a
licence for a certain US publisher's electronic journals. This clause
appears in the licence -

6.    Inter-library Loan

Institutions may use hard or electronic copies derived directly or
indirectly from the electronic edition of the publications for the purpose
of inter-library loan with the same limitations that apply to paper copies
for that purpose made from the print edition of the journals.
Specifically, copies must be made in compliance with Section 108 of the
Copyright Act of the U.S. and with guidelines developed by the National
Commission on New Technological Uses of Copyrighted Works (CONTU
Guidelines), the text of which is available as part of U.S. Copyright
Office Circular 21.

Now I'm in England and not subject to US law. I have offered to strike the
clause through on the grounds that we don't currently use our e-journals
for ILL but this is unaccepetable.

So what's the answer to this dilemma? I presume if I sign with the clause
intact any subsequent breach of copyright would have to be dealt with in
the States. Can I include a clause that says I undertake not to use the
e-versions for ILL?

I also wonder what the copyright position actually is with regard to
foreign hard copy publications. If copyright was breached in this country
(England) and the foreign publisher decided to go for litigation , under
who's jurisdiction would the case be fought?

And if I sign to say we won't use the e-versions where does that leave us
with regard to paper copies? I have a booklet here called 'Licensing
Digital Resources' published by the European Bureau of Library and
Documentation Associations. It suggests inserting a clause that says 'For
the avoidance of doubt nothing in this licence shall in any way exclude,
modify or affect any statutory rights which may from time to time be
granted to libraries and their users under the applicable national
Copyright Law.'

Would this help in this instance supposing it was acceptable (which I
doubt!)? How do you folks in the US deal with such clauses that restrict
to other countries' copyright laws? Any comments appreciated. Thanks

Ros Doig
Serials & Inter-lending Librarian
University of Derby
Learning Centre
Kedleston Road
Derby DE22 1GB

Tel. +44 1332 591204 
Fax. +44 1332 597773
Email M.R.Doig@Derby .ac.uk