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The legal advice I had from the BMA was that so long as the
recipient had signed up to the fair use conditions AND there was a covering
note to say that the scan was provided on condition that the recipient printed
out a single copy and then deleted the file - THEN it was legal.
The advice drew a parallel with faxing to a Pc or hard disc-equipped fax
machine.
On the other hand, the legal advice that Elsevier received
was very different and that doing this is in breach of copyright. Certainly
the Science Direct licence (like most if not all of its equivalents with other
publishers) is very clear in forbidding this except in named, negotiated
circumstances (eg use of Ariel).
Personally, i wouldn’t do it without strong enough legal
advice from a local source to cover my back and, potentially, put the Chief
Exec in the dock next to me.
Tony
Tony McSean
+44 7946 291780
From: UK medical/ health care library community /
information workers [mailto:[log in to unmask]] On Behalf Of Carrie
Sherlock
Sent: 26 July 2007 14:46
To: [log in to unmask]
Subject: Email delivery for articles?
Hello,
I
am considering offering an email delivery service for urgent articles/book
chapters. It wouldn't actually cost me anything to scan an article/chapter and
send it out.
I
am eager to know:
-If
any of you offer this service and how much you charge for it
-If
you think that there are any unique copyright issues that differ from
photocopying.
Regards,
Carrie
Sherlock
Librarian
The
College of Optometrists
p:
020 7766 4352
f
: 020 7839 6800
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