Fair Use for Electronic documents

Petersen, Mary Elizabeth MEPetersen at ZMUC.KU.DK
Fri Dec 21 15:00:06 CST 2001


"Fair use": "Terms of Use" for the IDEAL site (at the very bottom of the
page, in the green part, last line, item to the right) starts with the
following:

1. Authorized User Status: You are an Authorized User of IDEAL if you are an
employee, permanent or visiting faculty member, student, or library patron
(as described below) of an institution that is a signatory, either directly
or as a member of a consortium, to an active APPEAL agreement
("Institution"). An Institution's contractors or licensees are not
considered Authorized Users. You may access, retrieve, display, download,
store, print out, and make copies from the licensed publications solely for
scholarly, research, educational, and personal use, and such uses as
expressly permitted under the APPEAL agreement in accordance with that
Agreement's terms.
2.      Authorized User Access and Use: 
2.1     Copying; Transmission. Authorized Users may print out copies of
individual articles, chapters, or other items ("Items") from the online form
of the publications in the collections licensed by Institution as covered by
the applicable APPEAL agreement ("Licensed Publications") in print form
(hard copies) or digitally store (download) copies of such Items for the
Authorized User to retrieve and print out single hard copies from the
downloaded copy. Copying will be limited to making single copies of a
reasonable number of individual Items. Copying or downloading of an entire
issue of a Licensed Publication is not permitted. Authorized Users may
transmit downloaded copies of individual Items to persons who are not
Authorized Users for the purpose of scholarly communication so long as such
transmission is not done on a systematic basis.

Note especially the last sentence of 2.1. The (much longer) information on
the website does not seem to have anything about CCC. 

Best wishes to everyone for the holidays!

Mary E. Petersen

Dr. Mary E. Petersen
Assistant Editor, Steenstrupia
Zoological Museum, University of Copenhagen
Universitetsparken 15, DK-2100 Copenhagen Ø, Denmark
Tel +45-35 32 10 67 ( Fax +45-35 32 10 10
E-mail: mepetersen at zmuc.ku.dk

>ooooooooo))))):>


 -----Original Message-----
From:   christian thompson [mailto:cthompson at SEL.BARC.USDA.GOV] 
Sent:   Friday, December 21, 2001 1:21 PM
To:     TAXACOM at USOBI.ORG
Subject:        Fair Use for Electronic documents

Under US Copyright law, "fair use" meant using ONE copy for one's personal
RESEARCH, etc., or a teacher using multiple copies for ONE class at ONE time
(if used for subsequent classes, then permission is required). This still
applies to works printed on paper. However ...

It should be noted that the "fair use" provisions do not apply to digital /
electronic works. And pdf documents are digital works. Congress recently
eliminated those when they revised the copyright law for the newer media to
solve the compliants of the Music and e-book publishers (the NAPSTER
problem, etc.).

So, you do need to pay CCC for pdf documents, etc.

Sorry
>>> "Riaan H. Stals" <VREHRS at PLANT5.AGRIC.ZA> 12/19 4:38 PM >>>
On 19 Dec 2001 at 16:29, Robert A. (Bob) Morris wrote:

> In fact, you will usually also see an article
> serial number and a fee that is to be paid to the Copyright Clearance
> Center if you make a copy of the article that is not deemed fair use
> (e.g. to circulate to lots of other people).

Thank you for pointing this out. Here is darkest Africa I have frequently
worried about
me not paying the (for our currency) exorbitant fee to CCC when making
copies for
personal or work use. Can you perhaps elaborate on what the CCC considers
"fair
use", as I have not before noticed such a "clause" on the CCC page in
journals.

Greetings,

RIAAN STALS

-------------
RIAAN STALS
VREHRS at PLANT5.AGRIC.ZA

South African National Collection of Insects
ARC - Plant  Protection  Research  Institute
Private Bag X134  Pretoria 0002 South Africa
Voice +27-12-323-8540    Fax +27-12-325-6998

F. Christian Thompson
Systematic Entomology Lab., ARS, USDA
Smithsonian Institution
Washington, D. C. 20560-0169
(202) 382-1800 voice
(202) 786-9422 FAX
cthompso at sel.barc.usda.gov [NB: no terminal "n"]
visit our Diptera site at www.diptera.org




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