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Society of College, National and University Libraries Legal issues involved in digitisation Toby Bainton Secretary of SCONUL

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Presentation on theme: "Society of College, National and University Libraries Legal issues involved in digitisation Toby Bainton Secretary of SCONUL"— Presentation transcript:

1 Society of College, National and University Libraries Legal issues involved in digitisation Toby Bainton Secretary of SCONUL toby.bainton@sconul.ac.uk

2 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

3 Society of College, National and University Libraries Is the material actually in copyright? Complications: non-text material unpublished material

4 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

5 Society of College, National and University Libraries 3 fundamental rights for authors 1Reproduction right 2Right of communication to the public [3Distribution right]

6 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

7 Society of College, National and University Libraries 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

8 Society of College, National and University Libraries Digitisation therefore needs the permission of the author (or other right-holder) its a reproduction accessing it is communication to the public

9 Society of College, National and University Libraries Relevant exceptions to the rights (1) specific acts of reproduction by… libraries [etc.], not for commercial advantage

10 Society of College, National and University Libraries Relevant exceptions to the rights (2) use by communication or making available… for research or private study… by dedicated terminals on the premises…

11 Society of College, National and University Libraries 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

12 Society of College, National and University LibrariesDenmark: digitisation for preservation already permitted by law

13 Society of College, National and University LibrariesDenmark: commercially interesting digital material will be made available by usual publishers

14 Society of College, National and University LibrariesDenmark: extended collective licensing to meet the problems of large digitisation projects; law to be changed by summer 2008

15 Society of College, National and University LibrariesFrance: 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

16 Society of College, National and University Libraries 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)


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