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Re: copyright issues of scanned articles

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


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.  


> 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