Dear Colleagues, I would like to share my experience of other list on which I am a member. International Association of Marine Science Libraries and Information Centres (IAMSLIC) has a discussion list like LIS-forum and at one time very large number of postings were for document requests (Interestingly, large number of colleagues used to help - equally others used to curse). The members of this association then went for Z39.50 search on their catalogues (http://library.csumb.edu/cyamus/ill/search.php) and automate document requests to libraries that wished extend their resources (and time). Today, the list receives least number of such requests because alternative mechanism exists. Interestingly, we receive (and we reciprocate) response to our request from Europe and America within 24 hrs of our requests. This service has impressed my library users very much. Why not LIS-Forum or computer savvy members of LIS-forum try this or other suitable option? Afterall, as has been said, this helps librarians to impress their users for the service they provide. Until such arrangements are made, members may be allowed to use lis-forum. As such, this is nothing new. We have been traditionally providing copies of the documents that users require by borrowing from other libraries without being in the clutches of copyright. So we continue (with change of medium). With warm regards, Murari P Tapaswi National Institute of Oceanography, Dona Paula 403 004 Goa, India Phone: 91-(0)832-2450275; Fax: 91-(0)832-2450602 www.nio.org, www.coastalhazards.info, www.mangroveindia.org -----Original Message----- From: lis-forum-bounces@ncsi.iisc.ernet.in [mailto:lis-forum-bounces@ncsi.iisc.ernet.in]On Behalf Of Vasumathi Sriganesh Sent: Tuesday, October 23, 2007 12:20 PM To: Sukhdev Singh; R.K.SHUKLA Cc: lis-forum@ncsi.iisc.ernet.in Subject: Re: [LIS-Forum] Supplying Journal Articles - Does it ViolateCopyrightsLaws 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. As long as these two points are followed - there is no violation. Document delivery is a major process followed in International libraries with complete importance to the above two points. 3. If a requestor is asking for an article for commercial purposes - he/she needs to pay a copyright fee to the publisher (or an intermediary like a country's copyright clearing center). There are libraries that supply articles to users for commercial purposes and pay the copyright fee on the user's behalf. They charge users for the copyright fee plus a service fee for supplying and taking care of copyright issues. British Library, UK and CISTI, Canada are examples of such libraries. Even when they supply to a user for commercial purpose, the user needs to keep in mind that he/she cannot make further copies of the article. Regarding our Forum - while I believe that we should help each other, I think it is important to mention other sources we tried first. If an article is available through locating the same through Union Catalogs - that should be tried first. If there is no success, only then the Forum should be used Regards Vasumathi Sriganesh Director, QMed Services 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 -------------------------------------------------------

Dear Dr Shukla and LIS-Forum Members

I feel it is an interesting topic, therefore I have changed the subject of the discussion.

The question is whether a Librarian violates Copyrights Laws if he supplies an Article to his user for personal use and research? This is perhaps accepted because here he is only working on behalf of the user........................

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----- Original Message ----- From: "Padmanabha Vyasamoorthy"

(I do not know why pressing 'reply' puts only your name in To: field but not the list name?!)

This is a feature of the forum software - some are set to reply to the group; some to the sender.

In sophisticated online lending systems employing DRM techniques, an electronic version of a file available in s(L)ending library may be rendered unreadable or inaccessible once a copy has been transfered to receiving library. Are you suggesting that this much care should be taken by us also to be within copyright act?

Ideally yes - but we are really not yet geared up with such systems. Till we reach those levels, Ideally clearing the "Sent mail" and the folder in which the article may reside, can be cleared up after making sure that the recipient has received the article or in about 4-5 days is the solution. And in the context of rendering files unreadable etc - just for the interest of those who do not know - the interesting features we have come across are: a) CISTI sends articles (if we choose) by "Secure Electronic Delivery" - when we order for commercial use. We are able to transmit the same email to the company requesting for the same. The user there can download the article only once and print the same. b) British Library sends Secure Documents where they can be saved and printed from one machine only c) There are some publishers who allow downloads using some special softares, and you can save the articles on a single machine only d) In one of the Indian Medical Journals, you can read an article online, but printing is disabled. These are various ways copyright restrictions are coming into play Regards Vasumathi -- This message has been scanned for viruses and dangerous content by MailScanner, and is believed to be clean.

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.

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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Hi Hena Before I offer what I hope will be helpful clarifications, I would like to say that I am not a legal expert, and only seek to offer the best of knowledge that I have. And I am trying to make it as practical as possible Your question about the contradictory bit: If two different users "ask" you for a copy of an article "from something that your organization has paid for" - then you are not "distributing copies". Your organization will be "distributing copies", only if some employee makes several copies and proactively distributes it in order to share some information for any work. Eg - if there is an employee training prog - and if the trainer wishes to make 50 copies of an article to distribute to all participants - strictly speaking that is a violation. The law (if this goes into a legal suit for any reason) may condone it, as it is part of an educational process. Ideally, it is BEST to get permission from the copyright holder before making copies. It is still easier to show one copy in the class, and tell every participant "it is in the library / through our e-journals - go and read it" It will be viewed even more strictly if such copying is done for actual distribution to clients or part of any directly commercial activity. When your organization pays subscription for a journal then everyone in your orgn has a right to read the journal. Different individuals may ask for a copy of an article, for the convenience of reading at his/her own desk. It is a good idea to have request forms that clearly state the reason for copying. When people ask for reading purpose and not distributing, it is fair use. If they wish to distribute, then you should have an SOP to pay copyright fee for that many copies, or to get permissions for training purposes. Do check out this page from the British Library website - it has a lot of "examples" http://www.bl.uk/reshelp/atyourdesk/docsupply/help/copyright/copyrightfaq/in... Regards Vasumathi ----- Original Message ----- From: HENAG 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! -- This message has been scanned for viruses and dangerous content by MailScanner, and is believed to be clean.