[LIS-Forum] Supplying Journal Articles - Does it ViolateCopyrightsLaws

Thu Dec 27 08:43:33 IST 2007

 Hello Ms Vasumathi,

I need a clarification of your point number 3 below.

You said librarian from a commercial organization can make copy of an article from a subscribed journal or library book for an employee of the same organization. However not allowed by the same or anyone else to get several copies of the said article or pages to distribute.

Is it not little contradictory ?  Please clarify ------ If the librarian has the authority for taking copy for an employee today , after a few days  someone else  from the same organization might require the same article for some other project for reference and requests librarian  for a copy , s/he has the authority hence again can take copy  and serve , and so on . Now how will we/ you should differentiate the distribution of the copy to the employees of the organization than that of serving his/ her user as a librarian.

Is there any line that we can draw between the word DISTRIBUTE and SERVE to the user of library?

I am bit confused for the word fair use / single use, and I think specially when we librarians in a profit making organizations are concerned  the copyright laws are not very transparently/ clearly  expressed . It is somewhat vague or not thought of  us while written them .  If you have better way or explicitly written authorised document please name it , I would like to  go through that .

Best Regards
Hena S Gupta  ( Sr. Librarian)
Infosys Technologies Ltd, Electronics City, Hosur Road, Bangalore-560100
Board : (91)-(080)-28520261 Ext 52196
Fax: (91)-(080)-28520742
We enable you to leverage knowledge anytime, anywhere!

-----Original Message-----
From: lis-forum-bounces at ncsi.iisc.ernet.in [mailto:lis-forum-bounces at ncsi.iisc.ernet.in] On Behalf Of Vasumathi Sriganesh
Sent: Monday, December 24, 2007 6:58 PM
To: Sukhdev Singh; Basudev Mohanty
Cc: lis-forum at ncsi.iisc.ernet.in
Subject: Re: [LIS-Forum] Supplying Journal Articles - Does it ViolateCopyrightsLaws

I would add a small clarification.

1) Whoever is asking for the article - should definitely NOT distribute - whether he or she asks / makes a copy for academic or commercial reason.

2) But, if he or she asks/makes a copy for a commercial purpose, whoever is giving the article needs to charge a copyright fee and pay the same either directly to the publisher, or to a copyright clearance centre

3) If a librarian in a commercial organization makes a copy of an article
(etc) from a subscribed journal or library book, for someone in the same institution - that is fine. This, since the organization has paid for subscription or for the book. However the library / any one in the organization cannot make several copies of any article / chapter etc and DISTRIBUTE.

Vasumathi Sriganesh
CEO, QMed Knowledge Foundation
A-3, Shubham Centre, Cardinal Gracious Road Chakala, Andheri East,  Mumbai 400099, India
Tel: 91-22-40054474 / 75    Fax: 91-22-40054358
Indian Medical Sites- www.indianmedicalsites.in

PS - We have just got registered as a Not-for-profit Trust - and hence the change in my Designation!

----- Original Message -----
From: "Sukhdev Singh" <esukhdev at gmail.com>
To: "Basudev Mohanty" <basudev_mohanty at infosys.com>
Cc: <lis-forum at ncsi.iisc.ernet.in>; "Padmanabha Vyasamoorthy"
<vyasamoorthy at gmail.com>; "Vasumathi Sriganesh" <vasu at qmedin.com>
Sent: Monday, December 24, 2007 5:41 PM
Subject: Fwd: [LIS-Forum] Supplying Journal Articles - Does it Violate CopyrightsLaws

> Dear Basudev,
>
> Perhaps you have not gone through the complete tread of the
> discussion. Therefore I am forwarding a key portion of my reply sent
> earlier on 26th Oct 2007 along with relevant portions of Indian Copy
> Right Act.
>
> Please go through CHAPTER XI Infringement of Copyright -- clause 51 b
> (ii)  there is infringement of copyright if a person "distributes
> either for the purpose of trade or to such an extent as to affect
> prejudicially the owner of the copyright,.."
>
> It simply means - if your actions affect the interests of the
> copyright holder then you are violating the law of the land.
>
> To me, important keyword in the clause 51 b (ii) is "DISTRIBUTES". If
> you do not distribute and just read and use  yourself - then perhaps
> you are safe.
>
> --Sukhdev Singh, NIC.
>
>
>
>
> ---------- Forwarded message ----------
> From: Sukhdev Singh <esukhdev at gmail.com>
> Date: Oct 26, 2007 1:13 PM
> Subject: Re: [LIS-Forum] Supplying Journal Articles - Does it Violate
> CopyrightsLaws
> To: lis-forum at ncsi.iisc.ernet.in
>
> According to CHAPTER XI Infringement of Copyright clause 51 b (ii)
> there is infringement of copyright if a person "distributes either for
> the purpose of trade or to such an extent as to affect prejudicially
> the owner of the copyright,.."  It means that even if purpose is not
> trade but "affect prejudicially the owner" the person distributing the
> copyright work is in trouble.
>
> Further, the Act provides for "fair use" under clause 52 from
> sub-clause 'a' to 'za' under the same chapter XI. However, Libraries
> are covered only under (o) as under
>
> "(o) the making of not more than three copies of a book (including a
> pamphlet, sheet of music, map, chart or plan) by or under the
> direction of the person in charge of a public library for the use of
> the library if such book is not available for sale in India;"
>
> There is no other mention of Libraries or Librarians under the clause 52.
>
>
>
> On Dec 24, 2007 5:08 PM, Basudev Mohanty <basudev_mohanty at infosys.com>
> wrote:
>>
>> Hi,
>>
>> It would be great if someone could clarify my doubt on "commercial"
>> or "non-commercial" aspects posted by Vasumathi, Sukhdev Singh & by
>> other professional friends too on "Supplying Journal Articles".
>>
>> Is the "commercial" or "non-commercial" to do with immediate use or
>> to do with the goals of the organization one belongs to?
>>
>> Thanks & Regards!
>> Basudev Mohanty
>> Education and Research Library
>> Infosys Technologies Limited, Bhubaneswar
>>
>> On 10/23/07, Vasumathi Sriganesh <vasu at qmedin.com> wrote:
>> > Document delivery by anyone is not a violation if proper systems
>> > are followed.
>> >
>> > 1. If the requestor is asking for personal research and study -
>> > then there is no need to pay a copyright fee to a publisher
>> >
>> > 2. The supplier - whether it is the librarian of the reqeustor's
>> > institution or another librarian - has two responsibilities:
>> > a) Not to retain a copy of the article given to the requestor
>> > (print or
>> > electronic)
>> > b) Getting a declaration from the requestor - saying that he/she
>> > will use it only for non-commercial purposes, and that he/she has
>> > not got the same article from anyone else.
>> >
>>
>

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