This is not the legal advice I have had on either topic.
We are still working out the details, but the advice I have received is
that the electronic copyright declaration form should be do-able within the
spirit of the Act.
The electronic copy business is more complicated. Without permission you
clearly can't digitise copyright material, either as text or image, in
order to retain a copy which you zip off down the line in response to
requests.
My advice is that you can scan and send copies electronically provided to
destroy the scan files once they have been sent - this is extremely common
in north america and europe. In essence, this is no different from a
digital photocopier which scans and stores before printing from memory. We
expect to start doing this shortly using Acrobat (PDF) files, and we expect
that it will reduce drastically paper handling in our document delivery
service. NLM's "photocopying service" is now about 75% electronic.
It's a difficult area and one in which we should be cautious but not
craven. In this and other matters we should not just take the word of the
CLA!
Tony McSean
Graham Titley
<grahamtitley@HOT To: [log in to unmask]
MAIL.COM> cc:
Sent by: This is Subject: Re: Blanket copyright declaration forms
an open
discussion list
for members of
the UK medical/
health care
library
<LIS-MEDICAL@JISC
MAIL.AC.UK>
30/05/02 12:34
Please respond to
Graham Titley
Naimh,
Electronic signatures are not acceptable under any circumstances, nor is
the
supply of electronic copies, unless covered by a seperate licence with the
appropriate licensing agency, or with written agreement of the publishers.
The CLA licence for NHS England (which covers photocopying only) means that
signatures do not have to be obtained for transactions between NHS
libraries
providing the copy is for a member of NHS staff, otherwise Fair Dealing
applies and a signature is needed. If there is any doubt - always obtain
the signature!
A blanket signature is also not acceptable, as the Copyright Law in the UK
requires a seperate declaration form for each transaction, personally
signed
by the requestor.
There is a seperate licence for Scotland
The situation in Eire in regard to licencing is unknown. I suggest a
little
investigation locally is required, and your practice should err on the side
of caution!
Graham Titley
Rochdale
>From: Niamh O'Sullivan <[log in to unmask]>
>Reply-To: Niamh O'Sullivan <[log in to unmask]>
>To: [log in to unmask]
>Subject: Blanket copyright declaration forms
>Date: Wed, 29 May 2002 14:35:21 +0100
>
>Hello all
>I hate to raise the contentious issue of copyright again, but a few months
>ago there was a posting to this list on the above topic. It meant that
>library users could sign a "one off" copyright declaration form instead of
>having to sign a sepaerate form for each article. Does anyone know what
the
>current state of play is on this?
>Another question - are librarians still getting users to sign the
>declaration forms even if they are supplying the article electronically
>and/or if the user is off-site. How are you managing to do this?
>Any suggestions, tips or tricks, would be gratefully received.
>
>Best Regards
>Niamh O'Sullivan
>Research Officer/Librarian
>Irish Blood Transfusion Service
>National Blood Centre
>James's Street
>Dublin 8,
>Ireland
>
>Phone: (01) 432-2848 Fax: (01) 435-6848
>
>email: [log in to unmask] website: www.ibts.ie
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