This was at a meeting between representatives of LACA (Libraries and Archives Copyright Alliance) and officials of UKIPO to discuss potential future changes to copyright law - took place about two years ago. The comment was made by the most senior UKIPO person present. As Laurence Bebbington has pointed out, UKIPO has not published any advice on the matter.
Charles
Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509 223053
e mail [log in to unmask]
-----Original Message-----
From: Ian Litterick [mailto:[log in to unmask]]
Sent: 14 February 2008 18:12
To: [log in to unmask]; [log in to unmask]
Subject: RE: Electronic interlending
UKIPO reference please?
Thanks in Anticipation.
Ian Litterick
Executive Chairman
www.iansyst.co.uk
www.dyslexic.com
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 14 February 2008 10:08
To: [log in to unmask]
Subject: Re: [LIS-LINK] Electronic interlending
Unfortunately that is not the reading of the UK Intellectual Property Office (which is responsible for the Copyright Act) which states in its opinion you must use encrypted e mails with true digital signatures to be acceptable.
The fact of the matter is that there isn't agreement amount this matter and no case law. I am frankly less concerned about the concept of an e mail KILL request being valid or not than with the idea of delivery of items electronically, which is seriously risky.
Charles
Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509 223053
e mail [log in to unmask]
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of Matthew Martin
Sent: 14 February 2008 09:38
To: [log in to unmask]
Subject: Re: Electronic interlending
Good Morning All,
I've been following the discussion with some interest and thought I'd share links to the full text of the articles being discussed.
Electronic Communications Act 2000 (Section 7):
http://www.opsi.gov.uk/acts/acts2000/ukpga_20000007_en_1
Law Commission report on Electronic Signatures in relation to the ECA 2000 (Section 3) http://www.lawcom.gov.uk/docs/e-commerce.pdf
My reading of them is that typing your name into an email would be a valid signature, as would clicking a button on a web application that had authenticated you as a user.
Matt Martin,
Technical Analyst - Web Services Team
University of Birmingham
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 14 February 2008 08:15
To: [log in to unmask]
Subject: Re: Electronic interlending
Put simply, no. With an ordinary e mail system, I could wander into someone else's office, see their computer is on and is set to e mail, and send an e mail purporting to come from that individual. In contrast, something like PGP requires you in addition to put in a key, which you will not know - the message won't get sent without that key. That's why ordinary e mail is not accepted as a signature.
Only if you have a system which prevents a third party sending an e mail purporting to come from someone else when the e mail is set on does the system pass the test.
Charles
Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509 223053
e mail [log in to unmask]
-----Original Message-----
From: Ian Litterick [mailto:[log in to unmask]]
Sent: 13 February 2008 17:32
To: [log in to unmask]; [log in to unmask]
Subject: RE: Electronic interlending
No, indeed, just sending an email isn't enough, but typing your name (or
initials) in it, according to the Law Commission as quoted in the article, does make it a legal signature, if not a digital one.
"The Law Commission reasoned that statutes requiring signatures could be satisfied in most cases by a functional test: whether the conduct of the would-be signatory indicates an authenticating intention to a reasonable person."
No?
Ian Litterick
Executive Chairman
www.iansyst.co.uk
www.dyslexic.com
www.re-adjust.co.uk
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 13 February 2008 17:19
To: Ian Litterick
Cc: [log in to unmask]
Subject: RE: Electronic interlending
yes, but the key phrase is "digital signature" which is as defined in the Electronic Communications Act. Just sending an e mail is not a "digital signature".
Charles
Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509 223053
e mail [log in to unmask]
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of Ian Litterick
Sent: 13 February 2008 17:16
To: [log in to unmask]
Subject: Re: Electronic interlending
My understanding was that it was much easier to form a legal contract with an email than that:
"Digital signatures, scanned manuscript signatures, typing one's name (or initials), and clicking on a website button are, in our view, all methods of signature which are generally capable of satisfying a statutory signature requirement," wrote the Law Commission.
Hence our disclaimer (see below).
More detailed discussion at
http://www.out-law.com/page-6839
Ian Litterick
Executive Chairman
www.iansyst.co.uk
www.dyslexic.com
www.re-adjust.co.uk
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 13 February 2008 15:05
To: [log in to unmask]
Subject: Re: [LIS-LINK] Electronic interlending
ID and password alone is not enough. The e mail system must have a high level of authentication and encryption along the lines of PGP (Pretty Good Privacy) to be legally considered "signed". It's all in Clause 7 of the Electronic Communications Act 2000. Check with your technical staff if the e mail system abides by the requirements of that Clause, but my understanding is that only those ultra secure e mail systems used in Government and some private sector firms qualify.
Charles
Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509 223053
e mail [log in to unmask]
-----Original Message-----
From: O'Leary, Simon [mailto:[log in to unmask]]
Sent: 13 February 2008 15:00
To: [log in to unmask]; [log in to unmask]
Subject: RE: Electronic interlending
Dear Charles,
Does that still apply if users have to use a secure individual login and PIN to get to a web form used for ordering an ILL?
Many thanks,
Simon
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 13 February 2008 14:49
To: [log in to unmask]
Subject: Re: Electronic interlending
Sorry to be a party pooper, but....current e mail systems in use in Universities are not secure enough to allow their use for ordering ILLs.
Personal handwritten signatures should be used. In law, a standard e mail is not considered to be "signed", and therefore a library fulfilling an ILL request received in such a way is in the same position as one fulfilling a request on a form which has not been signed, i.e., working outside library privilege.
There are also potential copyright issues in delivering copies in electronic form - they should only be used on a stand alone non-networked PC.
Publishers are very hot on this topic and I strongly advise not going down this route unless you are fully satisfied that all copyright and related issues are addressed.
Charles
Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509 223053
e mail [log in to unmask]
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of Chris Smart
Sent: 13 February 2008 11:56
To: [log in to unmask]
Subject: Electronic interlending
Dear colleagues,
We are planning a move to e-delivery of articles and wondered how other institutions managed the electronic signature element.
Do you have some form of copyright declaration that students have to tick or otherwise agree to, or do you just make them log in personally in order to make the request?
Please reply off-list if you prefer, and I will summarise for the list.
Thanks,
Chris
--
Chris Smart
Calcutta House Library
London Metropolitan University
Old Castle Street
LONDON
E1 7NT
E-mail [log in to unmask]
Tel. 44 (0)20 7320 1186
Fax. 44 (0)20 7320 1177
Companies Act 2006 : http://www.londonmet.ac.uk/companyinfo
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