Re: [LIS-Forum] Supplying Journal Articles - Does it Violate CopyrightsLaws

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" To: "Basudev Mohanty" Cc: ; "Padmanabha Vyasamoorthy" ; "Vasumathi Sriganesh" 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 Date: Oct 26, 2007 1:13 PM Subject: Re: [LIS-Forum] Supplying Journal Articles - Does it Violate CopyrightsLaws To: lis-forum@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 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 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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