Doesn't it depend on whether a new copy has been made? Copying the
thesis to sell a new copy would be illegal; but if a bookseller has
obtained an existing copy of a thesis (say, if a school had disposed of
the printed copy desposited with it), I don't think the seller would be
breaking copyright law.

Alan

==============================
Mr A.V. Exelby,
Systems/Databases Librarian.
The Library,
University of East Anglia,
Norwich, NR4 7TJ

Tel.: 01603 592432
E-mail: [log in to unmask]
================================ 
"Man, who'd have thought being a librarian could be so tough"
Seamus Harper, in 'Harper 2.0', "Andromeda".
 

>-----Original Message-----
>From: UK discussion list for electronic theses and 
>dissertations [mailto:[log in to unmask]] On Behalf Of 
>Robbins Michael Mr (LIB)
>Sent: Friday, May 08, 2009 3:23 PM
>To: [log in to unmask]
>Subject: Re: Theses on Amazon - apologies for cross-posting
>
>Not sure I agree that there's nothing the author can do. Generally
>copyright for theses belongs to the author, so if copies are being
>offered for sale without the author's consent this would be illegal.
>
>Michael Robbins,
>Senior Assistant - ILL,
>The Library,
>University of East Anglia,
>Norwich,
>NR4 7TJ
>01603 592437 
> 
>Information Services                    
>Tel:   +44 (0)1603 591029 
>Mobile:+44 (0)7710 674147 
> 
>
>>-----Original Message-----
>>From: UK discussion list for electronic theses and 
>>dissertations [mailto:[log in to unmask]] On Behalf Of 
>>Stephens, Owen
>>Sent: Friday, May 08, 2009 2:44 PM
>>To: [log in to unmask]
>>Subject: Re: Theses on Amazon - apologies for cross-posting
>>
>>I'm still not sure there is anything to report here.
>>
>>If Amazon is simply showing a metadata record (e.g. 
>>http://www.amazon.co.uk/political-economy-African-land-tenure/d
>p/1871546079/ref=sr_1_46?ie=UTF8&s=books&qid=1241789325&sr=1-46) then
>there is >nothing I can see untoward or illegal about this - the 
>>metadata is not copyrightable, and there is no reason Amazon 
>>(or anyone else) shouldn't display it
>>
>>If copies are being sold, there is a question of where the 
>>copies have come from. If they have been legally obtained, 
>>then I'm not sure there is any problem with this - or anything 
>>the author can do to prevent it.
>>
>>Obviously if the copies being offered for sale have been 
>>obtained by illegal means, or under agreements that prevent 
>>them being sold on (which would include anything obtained via 
>>EThOS), then this would need to be followed up with those 
>>sellers offering the items.
>>
>>So far all the theses I've looked at that are actually 
>>available are not being offered directly by Amazon, but by 
>>other sellers using Amazon marketplace - e.g. 
>>http://www.amazon.co.uk/Circulating-Protein-Bound-Particularly-
>>Thyroxine-Deprived/dp/B001O9NJXG/ref=sr_1_23?ie=UTF8&s=books&qi
>>d=1241789238&sr=1-23 
>>
>>Of course, it is possible that this copy was stolen, but it is 
>>being offered by what looks like a reputable secondhand 
>>bookshop in Cambridge (http://www.plurabellebooks.com/) - my 
>>guess is that it was legitimately obtained.
>>
>>Owen
>>
>>Owen Stephens
>>Assistant Director: eStrategy and Information Resources; 
>>Project Director EThOSNet Central Library Imperial College 
>>London South Kensington Campus London
>>SW7 2AZ
>> 
>>t: +44 (0)20 7594 8829
>>e: [log in to unmask]
>>
>>> -----Original Message-----
>>> From: UK discussion list for electronic theses and dissertations 
>>> [mailto:[log in to unmask]] On Behalf Of Andy Forbes
>>> Sent: 08 May 2009 14:08
>>> To: [log in to unmask]
>>> Subject: Re: Theses on Amazon - apologies for cross-posting
>>> 
>>> I just had a quick look and found several....  Is it worth 
>>contacting 
>>> amazon and finding out how they obtain these records, I'm 
>>sure none of 
>>> our ex students have given any permissions.
>>> 
>>> Andy
>>> 
>>> 
>>> Andy Forbes Document Delivery Supervisor LRA Supporting Education, 
>>> Housing and Social Work Mountbatten Library ML002; Ext. 3411 
>>Tel. +44 
>>> (0) 23 80319411
>>> 
>>> 
>>> 
>>> 
>>> 
>>> Jill Russell <[log in to unmask]>
>>> Sent by: UK discussion list for electronic theses and dissertations 
>>> <[log in to unmask]>
>>> 08/05/2009 13:48
>>> Please respond to
>>> UK discussion list for electronic theses and dissertations 
>>> <[log in to unmask]>
>>> 
>>> 
>>> To
>>> [log in to unmask]
>>> cc
>>> 
>>> Subject
>>> Re: Theses on Amazon - apologies for cross-posting
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> We came across 3 examples of this at Birmingham during the 
>>past couple 
>>> of years.
>>> 
>>> Our theory is that Amazon have somehow obtained 
>>bibliographic records 
>>> for the items and have posted them in their (main)listing, 
>>even though 
>>> there were never copies available for sale.  (We did try to 
>>follow it 
>>> up with Amazon but they wouldn't answer our questions.)
>>> 
>>> Jill
>>> 
>>> 
>>> Jill Russell, Digital Assets Programme Manager, Library Services, 
>>> Academic Services, University of Birmingham, Edgbaston, Birmingham, 
>>> B15 2TT [log in to unmask] T ++ 44 (0)121 414 5803 
>>> http://www.library.bham.ac.uk/
>>> 
>>> The contents of this email may be privileged and are 
>>confidential.  It 
>>> may not be disclosed to or used by anyone other than the addressee, 
>>> nor copied in any way.  If received in error please notify 
>>the sender 
>>> and then delete it from your system.  Should you 
>communicate with me 
>>> by email, you consent to the University of Birmingham 
>monitoring and 
>>> reading any such correspondence.
>>> 
>>> 
>>> 
>>> -----Original Message-----
>>> From: UK discussion list for electronic theses and dissertations 
>>> [mailto:[log in to unmask]] On Behalf Of Stephens, Owen
>>> Sent: 08 May 2009 12:58
>>> To: [log in to unmask]
>>> Subject: Re: Theses on Amazon - apologies for cross-posting
>>> 
>>> I haven't heard of this before, although I am aware of items stolen 
>>> from library collections being offered via Amazon in the past.
>>> 
>>> Do you know if it was being offered by Amazon directly, or by a 
>>> 'Marketplace' seller?
>>> 
>>> Owen
>>> 
>>> Owen Stephens
>>> Assistant Director: eStrategy and Information Resources; Project 
>>> Director EThOSNet Central Library Imperial College London South 
>>> Kensington Campus London
>>> SW7 2AZ
>>> 
>>> t: +44 (0)20 7594 8829
>>> e: [log in to unmask]
>>> 
>>> > -----Original Message-----
>>> > From: UK discussion list for electronic theses and dissertations 
>>> > [mailto:[log in to unmask]] On Behalf Of Christine Shipman
>>> > Sent: 08 May 2009 12:11
>>> > To: [log in to unmask]
>>> > Subject: Theses on Amazon - apologies for cross-posting
>>> >
>>> > Hello colleagues,
>>> >
>>> > We've recently had a complaint from a former PhD student that her 
>>> > thesis is listed on Amazon, and although it is classed as 
>>> > unobtainable, she is quite rightly concerned as she did 
>>not give her 
>>> > permission for it to be listed. It has not yet appeared on 
>>EThOS and 
>>> > we couldn't find any clue as to the source, other than our own 
>>> > online catalogue. We did a brief search and have found one other 
>>> > Warwick thesis on Amazon, but no others as yet.
>>> >
>>> > I would be interested to find out if anyone else has come across 
>>> > this issue and if they've managed find any information as to how 
>>> > this could happen.
>>> >
>>> > Regards
>>> > Chris
>>> >
>>> > Christine Shipman
>>> > Document Supply
>>> > The University of Warwick Library
>>
>