Transcript Legal issues involved in digitisation

Legal issues involved in
digitisation
Toby Bainton
Secretary of SCONUL
[email protected]
Society of College, National and University Libraries
• Principal issue: copyright
• Lawful practices important to
cultural institutions
• ‘Respect for copyright’ important
to relations with publishers and
authors
Society of College, National and University Libraries
• Is the material actually ‘in
copyright’?
Complications:
• non-text material
• unpublished material
Society of College, National and University Libraries
Fundamental law:
The ‘Information Society’ Directive
or ‘Copyright’ Directive of 22 May
2001
(Directive 2001/29/EC)
• Sets out rights for authors and
some exceptions to those rights
Society of College, National and University Libraries
3 fundamental rights for
authors
1 Reproduction right
2 Right of communication to the
public
[3 Distribution right]
Society of College, National and University Libraries
Reproduction right
‘The exclusive right to authorise or
prohibit direct or indirect, temporary
or permanent reproduction by any
means and in any form, in whole or
in part’
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Communication to the public
‘Any communication to the public by
wire or wireless means, including
making available in such a way that
the public may access them from a
place and at a time individually
chosen by them’
Society of College, National and University Libraries
Digitisation therefore needs
the permission of the author
(or other right-holder)
• it’s a reproduction
• accessing it is ‘communication to
the public’
Society of College, National and University Libraries
Relevant exceptions to the
rights (1)
• specific acts of reproduction by…
libraries [etc.], not for commercial
advantage
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Relevant exceptions to the
rights (2)
• use by communication or making
available… for research or private
study… by dedicated terminals on
the premises…
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• All laws in Members States must
comply with the Directive
• The rights must be included in the
laws of Member States
• But the exceptions are optional
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Denmark:
digitisation for preservation already
permitted by law
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Denmark:
‘commercially interesting’ digital
material will be made available by
usual publishers
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Denmark:
‘extended collective licensing’ to
meet the problems of large
digitisation projects; law to be
changed by summer 2008
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France:
• Exception of 1 August 2006 allows
libraries to reproduce a work to
preserve it add to allow
consultation on site
• Exception applies only to works in
a poor state or in obsolete medium
• Discussions with government ‘in a
poor state’ and ‘on site’
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EC i2010 Digital Libraries
Where a copy is permitted for
preservation purposes, libraries
[etc.] should be permitted to make
more than one copy, as technically
necessary (but no increase in the
number accessible to the public)
Society of College, National and University Libraries