RE: Foreign Copyright

["Braid, Andrew" <Andrew.Braid@bl.uk>]

Ros

My understanding is that Section 108 and the CONTU Guidelines apply to the
requesting and not the supplying institution.  It would seem in this case
that you can only make copies for requesting institutions that are
adhering to the Guidelines and presumably they must inform you of such
before you can make the copy. If you sign such a licence you are bound by
this condition. As it is silent on institutions which do not conform to
the CONTU Guidelines presumably you cannot make copies for them, although
the first sentence implies that you can!

Andrew Braid			tel +44 (0)1937 546030
Head of Publisher Liaison	fax +44 (0)1937 546246
The British Library 		s +44 (0)1937 546000
Boston Spa			email andrew.braid@bl.uk
Wetherby 			http://www.bl.uk
West Yorkshire LS23 7BQ
UK


-----Original Message-----
From: M Ros Doig [mailto:M.R.Doig@derby.ac.uk]
Sent: Monday, June 18, 2001 10:37 PM
To: liblicense-l@lists.yale.edu
Subject: Foreign Copyright


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


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