It depends on Austrian copyright law. In UK law, the
digitiser probably DOES own the copyright in the digitised
images as it used some effort and skill to make the
images. I know that German law (and I therefore suspect
Austrian law) requires much more in the way of creative
input for the digitiser to own copyright, so your
assessment that there are no rights in the digitised
images in Austria is probably correct.
As you rightly say, you nonetheless IN THEORY have control
of the images, and are therefore entitled to say who can,
or cannot access the images and you are entitled to impose
conditions on their use, such as no commercial
exploitation. Creative Commons licences may be of use
here. Your problem arises in policing the activities of
your users, and if you find someone IS selling the images
on, your only recourse, alas, is to cut them off from
future access.
Charles
On Mon, 5 Nov 2007 18:33:38 +0100
Günter Mühlberger
<[log in to unmask]> wrote:
> As a library we are digitising thousands of books,
>thesis, etc. mainly from the public domain but also from
>the early 20th century with an uncertain status
>(out-of-print, orphan works). Surly we do not have any
>"copyright" on the digital images we receive from the
>digitisation process. But on the other hand we "own"
>these images. Open access and Creative Commons are
>licensing models for "rights owners" - but as I said, we
>are definitly not the right owners, we just own the
>images.
>
> Obviously our interest is that the produced images (and
>PDFs, eBooks, etc.) can be used by individual persons for
>free, but we want to avoid that commercial benefit is
>generated by third parties from our images.
>
> Any thoughts on this? Are there any standard models out
>there which cover this issue?
>
> Best regards,
>
> Guenter Muehlberger
> --
> Günter Mühlberger, Ph.D.
> Department for Digitisation and Digital Preservation
> University Innsbruck Library
> 6020 Innsbruck - Innrain 52 - Austria
> Phone: ++43-(0)512-507-8454
>Fax: ++43-(0)512-507-9842
> Email: <[log in to unmask]>
> URL: http://www2.uibk.ac.at/ub/dea/
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