Dear Friends, The discussion so far on this topic has justified supplying copies to journal articles to end users for their Research and Personal use. Some has cited how it is being done abroad. Some responses are more emotional and make references to Open Access movement. Before anything else, let me say that Open Access in-fact is fully compliant with Copyrights Laws. The Open Access Movement is all directed in convincing the original right holders i.e. Authors to retain their rights. Further, it convinces them use their rights to make their works Openly Accessible to their peers. As this is the best method how authors will get maximum exposure and appreciation. It is the exposure and appreciation (citations) what the scholarly authors are looking for – and not the immediate financial gain. All other activities in the movement – Open Access Repositories, Open Journals, and Creative Commons Licenses etc. – are just facilitating authors to achieve what they want from their scholarly works. Open Access is not about violating any Laws, Bypassing Peer Review process or self / substandard publication. It is the soul of Open Access movement, which even Open Access stalwarts tend to misinterpret. Now coming to the present debate over supplying copies of journal articles. There are example where large libraries like US National Library of Medicine, British National Library etc. are providing copies of journal articles. But so far as I know they are doing so with the full knowledge of the Journals. They even pay royalty to journals from where they make copies of the articles. There has been no major resistance from the journal publishers against such giant or other libraries. It perhaps has more to do with their business compulsions rather than legal exemptions to libraries in providing copies of journal articles. No wise scholarly publisher would dare to spoil its relationship with libraries. Now coming to Indian context, INDIAN COPYRIGHT ACT, 1957, governs copyrights issues. It is applicable to whole of India as geographical entity as well as to ALL INDIAN CITIZENS wherever they reside. Incase some petition is filed by any publisher against any librarian in India – it is this act which will come into affect. Any emotional justification or citations to practice elsewhere would be of little help only. I am attaching the relevant portion of the act as a PDF file. 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. How should we interpret these provisions? --Sukhdev Singh, NIC. -- This message has been scanned for viruses and dangerous content by MailScanner, and is believed to be clean.