Fw: saving digital documents

["Arnold Lutzker" <arnie@xxxxxxxxxxx>]

----- Original Message -----
From: "Arnold Lutzker" <arnie@xxxxxxxxxxx>
To: "Mary Beth Faccioli" <mbfaccioli@xxxxxxxxx>;
<digital-copyright@xxxxxxxxxxxxx>
Sent: Thursday, May 23, 2002 2:08 PM
Subject: Re: saving digital documents


> Regarding creating a digital library, there are several possible ways to
> justify what they are proposing to do:
> 1. Contract - they may have clearance in their original deal to acquire
> access to the data to store and reuse.  HOWEVER, most on-line licensing
> agreements would not permit what they are proposing without an express
> provision covering the uses.
> 2. Public domain - they may be using uncopyrighted materials - pre-1923 or
> government works (reported federal cases, for example).  However, while
some
> useful material may be PD, most likely they want non-PD material.
> 3.  Fair use - there may be a basis upon which they assert a fair use
> exception.  However, merely because they have access to articles through a
> local school, does not mean they are free to create a digital library.
> Further, the fair use applies to a school library's transfer of an article
> for research does not authorize the storage and further transmission by a
> commercial business.  Since they are a for-profit entity, they are subject
> to a more rigorous standard on fair use.  If the goal is to use the
material
> more than just in-house, fair use would harder establish (see: Texaco
> photocopying case).
> In short, your skepticism is well-founded.
> Arnie  Lutzker
> ----- Original Message -----
> From: "Mary Beth Faccioli" <mbfaccioli@xxxxxxxxx>
> To: <digital-copyright@xxxxxxxxxxxxx>
> Sent: Thursday, May 16, 2002 5:24 PM
> Subject: saving digital documents
>
>
> > Please forgive my ignorance as I ask this elementary
> > question.  I just interviewed for a special librarian
> > position at a small business.  These folks want the
> > new hire to establish a digital library, creating an
> > information retrieval system for documents they have
> > acquired as they do their research.  They have access
> > to electronic full-text documents (via Science Direct,
> > Ovid and others) through a local university where a
> > few employees received their degrees.  They are saving
> > pdfs and creating new pdfs by scanning html versions
> > of documents.  They want this growing digital
> > collection to be organized and searchable.  I was very
> > surprised at their lack of concern over copyright with
> > this endeavor, but then realized that I might not know
> > what I was talking about in bringing up copyright
> > issues.  Am I correct that this is an egregious
> > violation?  Any comments are appreciated.
> >
> > Mary Beth Faccioli
> > Georgia State University Pullen Library
> >
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