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Licensing

 

Copyright Holder

Section 106

  • make copies
  • distribute copies
  • publish
  • publicly display
  • publicly perform
  • make derivative works

Book Owner/Borrower

Section 107

  • make fair use copies

Section 108

  • library may
    • archive
    • make copies for patrons
    • participate in interlibrary loan

Section 109

  • distribute an owned copy (lend, sell, give away)

Section 110

  • display/perform in face-to-face teaching/broadcasts


If a book owner or borrower wants to use the book beyond the uses permitted by law, he or she must get permission. This creates a careful balance between the rights of the copyright owner and the owner of the book.

Licensing agreement are changing in the digital environment. So far, the changes seem to favor copyright owners and create more liabilities and fewer and more restrictive rights for users.

If the academic community wants to browse, download, print out, forward, and quote from digital works, those rights should be secured at the same time digital access is acquired. Those who negotiate the software and database licenses that will eventually replace hard-copy acquisition are determining today the rights we will have tomorrow. The rights of use will be in the contract, not in the law, so look closely at those contracts. Those contracts are the new copyright frontier.

For hands on help, see Liblicense, Yale University Library's Resource for Librarians.  Liblicense includes a very nice page of links to other resources addressing licensing issues.  There are also model standard licenses for use by publishers, librarians and subscription agents for electronic resources.

(This webpage is modeled after The Copyright Crash Course developed by Georgia Harper, Office of General Counsel, University of Texas System. Permission to model after the site was granted by Ms. Harper.  http://www.utsystem.edu/ogc/intellectualproperty/cprtindex.htm)



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Comments to Digital Copyright Committee
john.flynn@sunywcc.edu .

 

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Please email any comments, corrections or questions to:distance.learning@sunywcc.edu
Last updated: October 2008

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