This is a good question and I would be keen to see some clarifications.
I have an academic publication coming out with one of SAGE's journals (UK based) and noticed when they sent me the copyright form to sign the other day that it included a "free-for-fair-use-by-all" principle, although it talks of a *pre-publication version* of the article (as opposed to say, a photocopy of the printed version) that can be freely distributed via websites with appropriate citation to the formally published work, "...to appear in <journal><vol/issue>...etc..."
The form also referred to "Acts Permitted in Relation to Copyright Works - UK Copyright, Designs and Patents Act 1988, S30(1)" which does not cover this option but says for example that if reproduction could reasonably be construed as competing with the sale of the original source, permission should be sought. This can be tricky.
Web-based repositories of articles that are mirrored worldwide have an interesting way about this, --I am thinking here of the pioneer http://arxiv.org which is mirrored at Southampton University as http://uk.arxiv.org for mainly physicists and mathematicians. They demand that authors contribute his/her own version, or say the personally/locally type-setted version, and never the actual *copy* owned by the publisher, whoever that is (this is in concert with the option offered by SAGE). Articles circulated on arXiv are eventually published in journals worldwide that apparently do not object to this arrangement (or not any more at least). Interestingly the American Physical Society journals have even allowed direct electronic submissions from the arXiv repository since November 1996, the UK Institute of Physics journals since March 2001.
It would be interesting to know how http://alternet.org goes about this, distributing articles previously printed with newspapers and magazines all over, including the UK Guardian. Do they contact authors and ask for *their own locally type-setted copy* ?
Best,
--kristrun
David McKnight writes:
> A question for media-watchers:
>
> Is there a 'fair use' law equivalent to the US one (below) applicable in the UK?
>
> FAIR USE NOTICE. This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, politica, human rights, economic, democracy, scientific, and social justice issues, etc.. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.
>
> In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml
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> <DIV><FONT face=Verdana size=2>A question for media-watchers:</FONT></DIV>
> <DIV> </DIV>
> <DIV><FONT face=Verdana size=2>Is there a 'fair use' law
> equivalent to the US one (below) applicable in the UK?
> </FONT></DIV>
> <DIV> </DIV>
> <DIV><FONT face=Verdana size=2>FAIR USE NOTICE. This site contains copyrighted
> material the use of which has not always been specifically authorized by the
> copyright owner. We are making such material available in our efforts to advance
> understanding of environmental, politica, human rights, economic, democracy,
> scientific, and social justice issues, etc.. We believe this constitutes a 'fair
> use' of any such copyrighted material as provided for in section 107 of the US
> Copyright Law. If you wish to use copyrighted material from this site for
> purposes of your own that go beyond 'fair use', you must obtain permission from
> the copyright owner.
> <DT>
> <DT><FONT color=#bebfbf>In accordance with Title 17 U.S.C. Section 107, the
> material on this site is distributed without profit to those who have expressed
> a prior interest in receiving the included information for research and
> educational purposes. For more information go to: </FONT><A
> href="http://www.law.cornell.edu/uscode/17/107.shtml">http://www.law.cornell.edu/uscode/17/107.shtml</A>
> </DT></FONT></DIV></BODY></HTML>
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