RE: Internet Archive's Open-Text Archives Initiative

["John Cox" <John.E.Cox@btinternet.com>]

The act of scanning a copyright work without the permission of the
copyright owner is likely to be a breach of copyright.  Such permission
can be sought directly from the publisher, or covered by a licence from
the local Reproduction Rights Organisation (RRO), e.g. CCC in the USA, CLA
in the UK, Access Copyright in Canada, etc.

Making a copy available to library users is 'distribution', whether it is
confined to users within the library premises or not.  'Distribution'
without permission or a licence is similarly likely to be a breach of
copyright.

Copying or scanning complete works clearly falls outside fair use or fair
dealing, and may well fall outside the scope of most RRO licences, so
permission from the publisher (or from the author if the publishing rights
have reverted to the author) is the safest way to proceed.  That a book
may be out of print, but still in copyright, makes no difference.

All of that said, this initiative is good for scholarship and for the
community, and it is likely that most publishers would readily grant the
permission required, provided that it is sought.

John Cox

Managing Director
John Cox Associates Ltd
Rookwood, Bradden
TOWCESTER, Northants NN12 8ED
United Kingdom
Tel: +44 (0) 1327 860949
Fax: +44 (0) 1327 861184
E-mail: John.E.Cox@btinternet.com 
Web: www.johncoxassociates.com 

-----Original Message-----
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Sally Morris
(ALPSP)
Sent: 24 December 2004 04:41
To: liblicense-l@lists.yale.edu
Subject: Re: Internet Archive's Open-Text Archives Initiative

It is not clear to me what is the copyright situation with regard to
scanning (and making available within the library, though not publicly)

those books in the respective libraries' collections which are not yet out
of copyright.  Can anyone answer that question?

Sally Morris, Chief Executive
Association of Learned and Professional Society Publishers
E-mail:  chief-exec@alpsp.org