Re: Copyright Issue

Subject: Re: Copyright Issue
From: Peggy Daniels <pdaniels -at- GALE -dot- COM>
Date: Wed, 23 Jul 1997 17:28:08 -0400

Peggy Daniels -at- ITP
07/23/97 05:28 PM

somebody said:
"I think you might be okay in puttin this information in a database to make
it easier for the company's employees to look up. You cannot resell this
information -- such as sell the database once you compile it. But if your
users are just using the database as a tool to get this information and
will properly cite its original source, then I don't think you're violating
the copyright. But I'd check with the publisher anyway."

I have to come out of lurker mode for this one.

Do *not* assume that as long as you're not reselling the data, it is ok to
reproduce it. Some publishers sell their data in multiple formats - print,
cd-rom, mag tape, database, etc., each with its own "licensing agreement" -
and therefore can (attempt to) restrict the reproduction of their
publications. e.g. If the publisher sells this book in electronic form, you
probably would *not* be okay putting the book into electronic form
yourself.

Some other publishers attempt to restrict the number of people that can
access their publications at one time. For example, certain magazines
charge a lower subscription price for a "single user" and a very much
larger subscription price for a "corporate subscriber" - presumably because
the publication will be routed around the office, and thus reduce the
number of copies which are sold. Of course, a single user can easily lend
the publication to as many people as desired, but you get the idea. Why
buy a copy of the book for each employee when the company has made a
database out of the one copy it did buy? A moral dilemma, indeed.

My limited knowledge of US copyright law includes the concept of "fair use"
which goes something like...you are allowed to reproduce without written
permission only small parts of the publication, for example what would be
included in a review. There is also the "Feist" ruling (don't know/can't
remember if that is an actual law) which says that while facts are not
copyrightable in the USA (names and addresses, for example) the "unique
presentation, classification, and organization" of information *is*
copyrightable. So it depends on what kind of info is in the book you're
referring to.

IMHO, being asked to transfer a set of books to a database of any kind,
without seeing written permission from the publisher of the books, is a
very large red flag. But then <disclaimer> I am not a lawyer.<\disclaimer>

HTH...

Peggy Daniels
pdaniels -at- gale -dot- com
Opinions expressed by me are mine alone, and are not the opinions of my
employer.

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