[10481] in Public-Access_Computer_Systems_Forum
Library Lending & Publishers
daemon@ATHENA.MIT.EDU (PACS-L Moderator)
Fri Aug 2 20:36:47 1996
Date: Fri, 02 Aug 1996 18:20:51 -0500 (CDT)
From: PACS-L Moderator <libpacs@UH.EDU>
To: Multiple recipients of list PACS-L <PACS-L@UHUPVM1.UH.EDU>
Reply-To: Public-Access Computer Systems Forum <PACS-L@UHUPVM1.UH.EDU>
----------------------------Original message----------------------------
>From: Karen Coyle <kec@stubbs.ucop.edu>
>Subject: Library Lending & Publishers
>On July 1, Emanuella Giavarra, Project Director ECUP, posted here a
statement from the international publishers community entitled: Libraries,
Copyright and the Electronic Environment. I was surprised that there was no
discussion of this piece, and have
>
>So I'll give my highly-opinionated opinion of the statement, and maybe
someone will come along to try to prove me wrong.
>
>The main point of this statement is that in the digital environment there
is no room for libraries. The kind of lending of works that are the basis of
library service in the hardcopy print world cannot be allowed for digital
works. Lending of digital work
>
> " A mandate for libraries to re-distribute copyrighted
>information for free is a mandate that authors and publishers not risk
>the investment in providing the information at all. Such a requirement
>would deprive society of the very values that electronic information
>is intended to provide."
>
>Providing information over networks is even a clearer violation of
copyright. (So much for the library without walls.)
>
>
> " Unauthorized digital "Lending" -- a clear misnomer -- to
>patrons at remote locations will destroy publishers. Their entire
>business model is to provide readers with content to read. A
>digitized version of a book that can be electronically provided to
>anyone anywhere under the label "library lending" directly competes
>with both conventional and new authorized forms of publishing and
>service to readers that publishers have and will continue to provide."
>
> "Libraries that copy digitally and store copyright works
>electronically, even temporarily, as part of electronic document
>delivery services are not acting with respect for copyright law nor do
>their activities comport with Article 9 (2) of Berne since such activity
>directly "conflicts with a normal exploitation" of the new digital
>copyright work and "unreasonably prejudices the legitimate interests
>of the author."
>
> "Transmission of copyright works to "remote" locations is
>a violation of copyright."
>
>
>Fair use is also under attack here, even the making of copies for
>personal use:
>
> "...there is not and should not be a "private" or
>"personal" use exemption from copyright as such (apart from limited,
>legitimate "fair uses" that are subject to sensitive criteria and do not
>impact the market for or value of the copyrighted work, or the
>interests of the creators). It must be recalled, after all, that
>disseminating printed and electronic works to individual consumers
>for their "personal" or "private" use is precisely the business authors
>and publishers are about.
>
>
>Essentially, this document states that only publishers have the right to
distribute digital information to the public. For libraries to do so
is/should be illegal.
>
>It also mentions that publishers are still in the process of deciding what
works they will continue to produce in print and what works may only be
available digitally. Think about it, if libraries CAN lend hardcopy works
but CANNOT "lend" digital works, w
>
>Note that the current proposed amendments to the US copyright law would
define every transmission of a file - that is, pulling it up onto your
screen to view it on the Web - as an act of making a copy under copyright
law. So we aren't just talking about w
>
>Now I admit that this is not an easy problem. You don't want libraries to
function as "free bookstores." At the same time, can we really agree that
free public access to information is not going to continue in the digital
age? Shouldn't there be some midd
>
>-------------------------------------
>Karen Coyle <kec@stubbs.ucop.edu>
>University of California - Library Automation
>http://www.dla.ucop.edu/~kec
>
>
>
>
>
>
>
