Contract Law and CopyrightExceptions: What’s atstake?
Benjamin WhiteHead of Intellectual Property
British Library
©
What is its role in a world where lawful transactions forpurchased digital content isn’t governed by copyright law anymore?
UK universities spend over £250 million pa on content - majoritylicensed databases. (LISU)
2010 UK consumers spent £317 million on music downloads.(BPI)
2011 UK consumers to spend £100 million on e books (Which?)
Globally libraries spend $23.8 billion pa on content. (Outsell)
British Library Analysis of 100 Contracts
YesNoSilent9
Archiving231858
Fair Dealing5842
Visually Impaired298
Interlibrary Loan14482
Exceptions2575
Digital Preservation
“On termination of this Agreement the Institution will destroyand will procure that all Authorised Users destroy all contentsupplied through the Service stored on any digital informationstorage media, including but not limited to system servers,hard disks, diskettes and back up tapes.”
“On termination of this Agreement, the Licensee agrees todestroy, and will use its reasonable endeavours to procurethat all Authorized Users destroy, all Licensed Material storedon any digital information storage media, including, but notlimited to, system servers, hard disk, diskettes, and back uptapes.”
Fair Dealing Copying?
“You may not copy the Products in any form.”
“The Licensee may “ make such temporary local electroniccopies by means of caching or mirrored storage of all or partof the Licensed Materials as are necessary solely to ensureefficient use by Library Staff and Patrons.”
“Users may browse, copy or print reports, but the downloadfacility will not be available.”
But CDPA allows digital copying:
§ .17 (2) Copying in relation to a literary, dramatic, musical orartistic work means reproducing the work in any material form.This includes storing the work in any medium by electronicmeans.
Inter- Library Loan
“Interlibrary loan therefore is not permitted.”
“Licensee and Authorised Users may not distributeinformation included in the Services to other public libraries.”
“The Subscriber may print and deliver Excerpts to fulfilrequests as part of the practice commonly known as“interlibrary loan” from non-commercial libraries located withinthe same country as the Subscriber.”
“The Licensee may supply to another library within the samecountry as the Licensee, for the benefit of an Authorised Userof such library, a copy of an individual document being part ofthe Databases by post, fax or electronic transmission via theInternet or otherwise, for the purposes of research or privatestudy and not for Commercial Use.”
Draft Treaty on Copyright Exceptions andLimitations for Libraries and Archives
Article 14
Obligation to Respect Exceptions to Copyright andRelated Rights
Any contractual provisions that prohibit or restrict the exerciseor enjoyment of the exceptions and limitations in copyrightadopted by Contracting Parties according to the provisions ofthis Treaty, shall be null and void.
The interplay of copyright and contract law - the most structural( fundamental? ) issue faced by users of copyright works?
www.bl.uk
ben.white@bl.uk