Carol is correct; they have infringed copyright.
The simplest approach is to write them a letter on headed notepaper - ideally to the Chief Executive - informing them that your copyright has been infringed, reminding them of the range of measures you are entitled to demand once you have successfully sued them for infringement (which include a refund of the attendant legal costs incurred by you) , a requirement that they remove the offending item from their web site, a requirement that they give an undertaking to the Court never to repeat the offence, plus (perhaps most important of all) the attendant bad publicity and loss of reputation for them. Tell them that you will not hesitate to demand an injunction ("interdict" in Scots law) from the Court immediately if they do not acknowledge your complaint within (say) five working days, and that acknowledgement should include an offer of financial settlement (if that is what you want). The injunction would force them to take the material down right
away and would incur them costs.
Charles
Professor Charles Oppenheim
--- On Sun, 3/4/11, Carol Primrose <[log in to unmask]> wrote:
From: Carol Primrose <[log in to unmask]>
Subject: Fw: Copyright Query
To: [log in to unmask]
Date: Sunday, 3 April, 2011, 23:15
This looks like a similar situation to one the Association of Certificated Field Archaeologists is facing at present. ACFA is a group of amateur archaeologists who go out and do Field Survey of an area and then draw up and publish a report on the work done. We do not scan them on to our website but these reports are available to purchase. The return on sales goes a little way to relieving the cost which is met by individual members.
We had a telephone request from Highland Regional Council asking permission to scan the Raasay reports on to their website. Permission was refused verbally but now we find they have been scanned on anyway.We can only assume that one copy of each was purchased and then scanned.
My understanding of the legal position on copyright (as a retired academic librarian) is that no-one has the right to make hard copies available, far less electronic copies which can then be copied through a website, without the express written permission of the copyright owner.
I would be very grateful if lis-link members could enlighten me. If copying without permission is indeed contrary to copyright law what measures are available to us to take against the infringers.
Thank you
Carol Primrose
----- Original Message ----- From: "MacNeilage, Shona" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, April 01, 2011 11:20 AM
Subject: Copyright Query
Good Morning
Apologies for bringing this topic up on a Friday.
We have been looking at whether it is possible to scan an article or not
if we do not have a licence and are looking for some outside
opinions/thoughts as we have probably been looking at the small print
for too long.
Our questions are:
Can you scan items if you don't have a licence or not? If you can scan
are you allowed to save/print, or can you print off from a scan (as if
the scanner were like a photocopier). If you can scan, can you keep
copies or do you have to delete them straight away? If you have a scan
can you email it?
Any help is greatly appreciated.
Shona MacNeilage
Library Manager Stobhill/Victoria Hospitals
Tel: 0141 347 8082 (V) Mon, Tue, Fri
Tel: 0141 355 1685 (S) Wed, Thu
Fax: 0141 355 1772
The NHSGGC Library Network, along with all other NHS library services in
Scotland, is modernising its journal subscriptions. Our libraries will
no longer receive print copies of most journals: however, you can still
access all our journals on-line, via the NHS Scotland Knowledge Network
(www.knowledge.scot.nhs.uk <http://www.knowledge.scot.nhs.uk/> ).
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