DMCA and Copyright Notice

[Margaret Ellingson <libmgw@xxxxxxxxx>]

Kay,

According to most copyright experts & ILL colleagues that I've heard, 
this DMCA revision means that, in addition to copying the item 
requested, you have to provide a copy of the copyright notice that 
appears in the publication from which you're copying.  This is easy for 
most current STM & other academic journals, which tend to include a 
notice on the first page of each article (look for the "circle c" 
symbol, usually followed by the publisher's name, etc.).  For 
publications that don't make it that simple, we look in the front for 
the notice & send a copy of that along with the pages that have been 
requested.   If in doubt, we also use the "old" stamp saying that the 
item may be protected by copyright.

The bottom line is that the "old" stamp isn't sufficient notice anymore 
if a publication-specific notice can be located (one presumes that means 
with "reasonable" effort, which we hope we're doing).  

Margaret Ellingson

digital-copyright-digest-help@xxxxxxxxxxxxxx wrote:

> ----------------------------------------------------------------------
> Date: Sun, 23 Feb 2003 13:17:10 -0600
> To: <digital-copyright@xxxxxxxxxxxxxx>
> From: "Catherine Hogan Smith" <khogan@xxxxxxx>
> Subject: DMCA and Copyright Notice
> Message-ID: <4297DD64C36B80448637DC966CB492AE231698@xxxxxxxxxxxxxxxxxxx>
>
> In 17 USC 108 as revised by the DMCA, there is a section pertaining to
> the notice of copyright that libraries are required to include on any
> copies made on behalf of their users. The section reads as follows:
>
> "Except as otherwise provided in this title and notwithstanding the
> provisions of section 106, it is not an infringement of copyright for a
> library or archives, or any of its employees acting within the scope of
> their employment, to reproduce no more than one copy or phonorecord of a
> work...or to distribute such copy or phonorecord, under the conditions
> specified by this section, if --
> ....(3) the reproduction or distribution of the work includes *a notice
> of copyright that appears on the copy or phonorecord that is reproduced*
> under the provisions of this section, or includes a legend stating that
> the work may be protected by copyright if no such notice can be found on
> the copy or phonorecord that is reproduced under the provisions of this
> section. "
> I added the asterisks to point up the section in question - does this
> mean that we now have to state on the copy that the work has a
> "copyright 2000" or whatever designation on it, instead of relying on
> our blanket stamp giving notice that the work copied may be protected by
> copyright? Or am I misreading that section?
> Any advice will be appreciated.
--
********************************************************************
Margaret W. Ellingson           EMAIL: libmgw@xxxxxxxxx 
Interlibrary Loan/Reference     PHONE: 404-727-6893 
Woodruff Library                FAX: 404-727-0052
Emory University                ARIEL: ariel.library.emory.edu
Atlanta, GA 30322-2870  USA     EMU * GAEG * GEU 
********************************************************************