Merhaba: Ilisikteki sorular (sadece sorular) elektronik ortamda telif hakki sorunlariyla ilgili temel noktalari kapsiyor. Onumuzdeki ders için ilginc bulabilirsiniz diye dusundum. Bu sorular Mayıs 1999'da İngiltere'de yapılan NATO Bilgi Yönetimi Komitesi toplantısında British Library Document Supply Centre'da calisan Graham Cornish'e yoneltilmisti. (Cornish ayni zamanda yillardir IFLA'nin telif haklariyla ilgili daimi komitesinin baskanligini yurutuyor.) -yt --------------------------------------------------------------------- Subject: Copyright Questions Compiled Date: Tue, 18 May 1999 07:09:30 -0400 From: "Randall, Carl" Reply-To: RTA-IMC List To: RTA-IMC@DTIC.MIL Dear Members, Christine Walker has collated the questions on copyright that you placed on the IMC Forum into a number of distinct headings. They will be discussed on Wednesday afternoon, 26 May in Winchester by Graham Cornish from the British Library. The questions are noted below. Best Regards, Carl Randall Moderator Questions on Copyright, collated by Christine Walker A. DISTRIBUTION Distribution of material beyond the original organization My question relates to both electronic and paper copies, but particularly to the latter, which is most relevant for my institution at the moment. Our library is an open one, allowing access and use of our collection to any user interested in it. Our documents, largely aerospace related, are used by students, researchers and professors from the whole country. We at INTA (Spain) act as a national distribution centre for some international organizations, such as ESA, offering copies of ESA documents (bearing in mind that this is our role). We also have other important funds, relating to exchange agreements (coming from NASA, for example), both from US, Sweden, and the Netherlands, etc. There are also important paper collections from several institutions all around the world, that we have purchased e.g. American Institute of Aeronautics and Astronautics, International Astronautical Federation. 1. Many of our users take copies of documents. This is legal in Spain. A library can provided this kind of support to students or researchers. We do not earn any money from this, we only charge for the real cost of the photocopy. In this case we are respecting the Spanish law, but are we in trouble if the country of origin of these documents doesn't allow this practice? Should we ask for permission to each of the suppliers, although we are not committing any fault according Spanish law? (Fernando Merida, Instituto Nacional De Tecnica Aeroespacial, Spain) 2. May we give a copy (paper copy or computer readable full text e.g. on CD) to a user outside the institute (e.g. the FMoD) for personal use? (Uwe Wiekem, FINTT, Germany) Document Delivery 1. Libraries are usually not allowed (by publishers) to use electronic content for ILL purposes beyond fair use. Recently, I read somewhere that the BLDSC signed an agreement with Elsevier to use their electronic journals for document delivery purposes. Could you provide some details with regards to that agreement? (Yasar Tonta, Hacettepe University, Turkey) Reproduction of paper material - fair dealing According to my knowledge all publishers permit fair use of articles contained in their periodical publications. This is also covered by national legislation, mainly based on "Bern Convention for the protection of literary and artistic works", Paris Text 1971. Namely article 9 paragraph 2, permits countries to legislate permission of " the reproduction of such works in certain special cases, provided that such reproduction does not conflict with normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author". Greek Law 2121/1993 is extremely strict for libraries. It prohibits any reproduction by libraries, except only that for conservation purposes and only if the document is not available in the market. No other reproduction is permitted to libraries. Under these conditions, all users are illegal when copying articles, for their research, from scientific journals legally belonging to the library collection. Libraries are also illegal when sending copies to other libraries via interlibrary loan. 1. What is the experience in other countries? What does the law foresee?· Is there a contract signed by representatives (?) of libraries or associations with publishers or "Collecting Societies"? Are collecting societies responsible or authorised to collect copyright fees for reproduction of periodicals of foreign publishers. (Filippos Tsimpoglou, National Documentation Centre, Greece) 2. According to the same Greek law lending books is prohibited for libraries. What is the experience in other countries? What does the law foresee?· Is there a contract signed by representatives (?) of libraries or associations with publishers or "Collecting Societies" for granting the right to libraries permitting the borrowing operation? (Filippos Tsimpoglou, National Documentation Centre, Greece) B. ELECTRONIC INFORMATION Copies in personal databases 1. May we copy (facsimile/OCR) papers out of a journal which is available as a legal issue in the library and keep a relevant set of copied articles for quick reference in a database (e.g. on a notebook computer for personal mobile use)? (Uwe Wiemken, FINTT, Germany) Downloading from the web 1. May we download papers from the web (if there is not an explicit copyright statement) and keep a relevant set for quick reference in a database (e.g. on a notebook computer for personal mobile use)? (Uwe Wiemken, FINTT, Germany) Are information centers generally allowed to store downloaded internet full-text documents into their databases? (Heinz Haege, FIZBw, Germany) Are they also allowed to copy and to distribute these documents to their clients? Do copyright laws say anything about the number of copies which can be made? (Heinz Haege, FIZBw, Germany) 2. May we download (mirror) web pages or whole sites (without changes) and keep a relevant set for quick reference in a database (e.g. on a notebook computer for personal mobile use)? (Uwe Wiemken, FINTT, Germany) 3. May we make mirrored (unchanged) web-information (without explicit copyright statement) available in an intranet which is not connected to the internet? (Uwe Wiemken, FINTT, Germany) Electronic Copyright Management Services (ECMS) I have been asked by the new President of INETI (the R&D organization under the Ministry of Economy of Portugal) to draw up a framework for a "Plan for Networked Multimedia Interactive Services for Science and Technology in Portugal". My work will focus at the strategic level, to propose an integrated Framework Plan under which initiatives to produce the necessary building blocks for an integrated Digital Libraries Network for Science and Technology can be developed, within the overall concept. I am monitoring the progress of the Electronic Libraries Programme (eLib) in UK, the Telematics for Libraries, of EU, the DLI 1 and DLI 2 in USA, and other national or supranational Programmes and projects in the this domain. You can understand that the Copyright Workshop of the IMC/ RTA presents an excellent opportunity for me to raise a few questions and benefit from your experience in this field. 1. What is the present position regarding the implementation of ECMS (Electronic Copyright Management Services). How successful are they? Which of the alternatives are going to be most successful for implementation in the provision of scientific and technological information to Academics and Researchers. I mean by this, not only scientific publication by Portuguese Researchers and Academics but also the commercial applications of ECMS, to provide Electronic Delivery services for Scholarly Journals. Are there any completely secure ECMS systems in place? If so, how are they being accepted by users in Academia and R&D organizations? What are the practical problems in implementing such systems? (Ana Maria Ramalho Correia, I.N.E.T.I., Portugal) 2. Perhaps, in anticipation of your reply to Question 1, I can ask if you see the "Site license approach" as still the only practical, contemporary solution for control of access to Electronic Scholarly Journals? I am thinking here of systems such as UK's NESLI. (Ana Maria Ramalho Correia, I.N.E.T.I., Portugal) Fair dealing with electronic information 1. The "Freedom of Information" laws guarantee fair use/fair dealing of information by libraries, educational institutions, etc. How would this work for electronic information? (Yasar Tonta, Hacettepe University, Turkey) C. LEGISLATION European Directive on Copyright 1. There is an article in Information World Review, April 1999, page 5, which says that the European Directive on "Copyright in the Information Society" has been endorsed (once) by the European Parliament and will be very restrictive if adopted as it is. On the other hand, the Chairman of the Copyright Licensing Agency, says it is much more balanced than the Library Association makes out. Who is right? (George Hart, RTA) 2. In your opinion, do you think it will be adopted by the Parliament on second reading, as is? (George Hart, RTA) 3. Can you summarise the main aspects, please? Will it be binding on EU member states? (George Hart, RTA) 4. What will it mean to an international organisation (NATO), which is based mainly in Europe, but has agencies and stations in the US and Asia (eastern Turkey)? (George Hart, RTA) USA - comparable legislation 1. Within the United States, during the last several years, there have been a number of attempts to pass legislation to provide more protection to copyrighted materials. Of particular concern to database owners and producers has been protection of the databases in an electronic environment. Opposing more strict laws on copyright have been the scientific community, academics and librarians. To date no significant legislation to provide additional protection to database owners has been passed. Thus, database owners have relied on licensing and technology to protect their databases. How does the U.S. experience compare with the UK and/or European communities? (Paul Ryan, DTIC, USA) D. RELATIONSHIPS Publisher/"aggregator" relationship 1. The full-texts of electronic journals can be licensed directly through by publishers as well as by so called "aggregators". Such licenses are required/enforced for both institutional and consortial uses. I am wondering if publishers are entitled to signing such licenses if the copyright agreements do not specifically authorize publishers to distribute content in electronic format. What's more, what happens if such licenses are signed between aggregators and the consortia? How much, if any, are aggregators entitled to signing such agreements? My assumption is, aggregators are perhaps authorized by the publishers to do so. But, then, what happened to the original author's rights? Can publishers get into such agreements with aggregators without obtaining the author's written permission? The issue seems to be more problematic in the music industry. Can publishers distribute musical content over the 'Net just because they signed a copyright agreement with the composer or singer? (Yasar Tonta, Hacettepe University, Turkey) 2. Several libraries sign consortial agreements with publishers and aggregators. In the UK, NESLI acts on behalf of higher education institutions (HEIs) and mediates between the publishers and libraries. How does the process work? Does each HEI authorize NESLI to negotiate a deal with publishers? Does NESLI sign a "blanket" agreement with a publisher on behalf of all HEIs in the UK? Does each library, in turn, sign a separate agreement with NESLI? I assume each HEI pays certain amount of money for the electronic content based on the number of students, faculty, etc. Any formulae for that? (Yasar Tonta, Hacettepe University, Turkey) Publisher/Author relationship AGARD (the main predecessor of RTO) published unclassified and classified technical publications for 45 years. It was AGARD's standard policy to ask all authors to sign a statement that there were no proprietary or copyright objections to their contribution being presented at an AGARD meeting and published by AGARD. This practice has been continued by RTO. It should be noted that there is no charge for these publications, of which 1000-1200 copies are generally printed. However, there are 3 government or quasi-government 'sales agencies', one of which is the British Library Document Supply Centre, and a few copies are sold direct from our headquarters in Paris at cost recovery prices. 1. With the forthcoming advent of electronic publishing, will we have to make changes, or does the expression "published by RTO" cover all possibilities? If this is not the case, why not? - my dictionary defines "publish" firstly as "to make public", which surely covers any medium, electronic or otherwise. If we have to make changes, what should we ask? Would requesting 'blanket' clearance for electronic media be sufficient, or would we have to spell out all possibilities, such as the Web, in CD-ROM, in DVD, by Zip disc, etc. And does it matter whether the result is in image or text form? (George Hart, RTA) 2. Are there any other legal obstacles to our putting authors' contributions, individual papers or complete publications, into electronic form? (George Hart, RTA) 3. At present all AGARD publications (some 3000 with perhaps 40,000 individual contributions) are being scanned to be put into TIFF image format. The aim is to make some 20-30 sets of CD-ROMs for our national distribution centres and others, possibly selling a few sets but not trying to do so commercially. With such a large number of authors to consider, many of whom are now dead or untraceable, we have not made any attempt to contact any of them. Are we likely to face any opposition from this? (George Hart, RTA) 4. From time to time, we get requests from third parties for permission to quote parts of our publications in a forthcoming scientific paper or technical book. Our standard practice is to say that as publishers we have no objection but that they must obtain the approval of the author. This probably causes problems for some requesters, since many of the authors are no longer at the addresses given and we have no knowledge of their current whereabouts. If the requesters ask for more information, we can only give them the address in the publication and advise them to write to it. Is this sufficient? I might add that no complaints have reached me during 14 years, so presumably it is OK, but I should welcome the chance to talk about it a bit more - especially in relation to companies and organisations that give permission to publish but firmly state that they retain the world-wide copyright. (George Hart, RTA) 5. Will the same practice be acceptable when we are publishing electronically, or if the requester wants to publish electronically a document, or part of one, printed only on paper? (George Hart, RTA) E. SPECIALISED DOCUMENTS Copyright of Dissertation Thesis According to the Greek law, NDC is the depository library for dissertation thesis, granted by Greek or foreign Universities (mainly but not exclusively) to Greek doctors. NDC started the digitisation of 10,000 dissertation Theses a year ago, which belong to its collection of hard copies. The intention is to permit access to these materials via the WEB. 1. Is there any particular law in UK (or elsewhere) concerning explicitly the copyright of dissertation thesis, or it is covered by "general" laws governing other works (such as books. Are dissertations confronted legally as a special kind of work or not? (Filippos Tsimpoglou, National Documentation Centre, Greece) 2. What is the situation concerning the copyright of dissertation thesis in UK or other countries. Namely can a library reproduce some chapters of a thesis (or the whole work) for its users? (Filippos Tsimpoglou, National Documentation Centre, Greece) 3. Who is the copyright owner of a dissertation? The University or the Doctor/Author. (Filippos Tsimpoglou, National Documentation Centre, Greece) 4. Are internal regulations of the Universities in the same country identical or relevant for all universities of the country or do they vary remarkably between different Institutions? (Filippos Tsimpoglou, National Documentation Centre, Greece) 5. What is crucial for NDC is to balance between the flow of information and the rights of the creator. What is generally the common practice for this? Note that no money is charged to the requesters of library, except those of the paper and postage cost. (Filippos Tsimpoglou, National Documentation Centre, Greece) Preservation of archive copies 1. Preserving and archiving electronic records has been an unsettled issue since the increase in electronic information. For information initially or simultaneously published in paper form, the creation of an 'archival copy' would generally follow the traditional path. Publishers for instance would maintain the permanent copy. Libraries would have copies of journals that preserved an article. In the instance where the ONLY publication of a document is in the electronic environment, who preserves the archival copy particularly when the copyright owner prohibits the download and permanent storage of the document? (Paul Ryan, DTIC, USA)