Electronic Signature

[lezah@aol.com]

[NOTE:  last night's transmission arrived blank for many readers so we're 
re-sending it.  Ann Okerson]

What makes an electronic signature legal?
 
I do not know whether you can draw an analogy but in the Federal Courts
electronic signatures are legal and binding because the individual Courts
have local rules which authorized a specific form and effect for
electronic signature.  This is not accomplished by federal law nor state
law but by the self governing power of the judiciary ascribed to it by the
constitution.  Each one of the federal jurisdictions adopts local rules
which supplement the Federal Rules of Criminal and/or Civil Procedure.
 
Otherwise, I would think electronic signatures could be contractually
binding.  I know of no other authority for electronic signatures.
 
 
-----Original Message-----
From: M Ros Doig <M.R.Doig@derby.ac.uk>
To: liblicense-l@lists.yale.edu
Sent: Tue, 15 Mar 2005 19:11:42 EST
Subject: Click through copyright agreements!!

Hi Everyone

We're thinking about electronic ILL processes here and the problem of
signatures for copyright. There is much discussion about the validity and
definition of an electronic signature but I don't recall much being said
about click through copyright statements.

There is some logic that says if we can have click through license
agreements then why can't we have click through copyright statements. As I
see it this would work along the lines of ' By submitting this request,
you agree to be bound by the following [appropriately worded copyright
statement' ] . Has anyone tried this and is it legal ( in the US or UK or
anywhere else?)

Please reply to the list - I'm sure many of us would be interested in
the responses!

Thanks and best wishes
Ros Doig

Ros Doig
University of Derby
Email.  m.r.doig@derby.ac.uk