Re: copyright issues of scanned articles

[Ann Okerson <aokerson@pantheon.yale.edu>]

Sally Morris of the Association of Learned and Professional Society
Publishers of the UK (ALPSP) writes the following:

----------------------------------------------------------------------
From: "ALPSP" <alpsp@morris-assocs.demon.co.uk>
To: <liblicense-l@lists.yale.edu>
Subject: Re: copyright issues of scanned articles
Date: Sat, 31 Oct 1998 16:05:34 -0000


I was careful to write 'publisher AND other copyright owner'.  In addition
to copyright in the text itself, there are also rights (for a shorter
period) in the appearance of the page - the 'typographical arrangement'-
which always reside with the publisher.  Thus the publisher's permission
is also required.

There is, at present, no copyright exception under any legislation, as far
as I know, for digitisation.

I am forwarding this message to others who can provide first-hand details
both of the STM/EBLIDA agreement, and of the HERON scheme.  

Sally Morris

-----Original Message-----
From: Ann Okerson <aokerson@pantheon.yale.edu>
To: Liblicense <liblicense-l@lists.yale.edu>
Date: 30 October 1998 23:45
Subject: 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
>Ann.Okerson@yale.edu
>
>_________________________________
>
>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.
>
>[SNIP]
>
>> 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