Summary: Israel Copyright

[Maria Melssen <mariamelssen@xxxxxxxxx>]

Many, many thanks to all those who have responded!  Bellow is a summary.

Thank you again,

Maria Melssen
Florida International University
Medical Library


My understanding is that you follow the copyright laws of your own country
rather than the laws of the originating country. I get this from the Berne
convention Article 5, paragraph 1. That means that the rule of 5 is relevant
no matter whether you are using a journal from the U.S., England, Israel, or
Iceland. There is a list of Berne Convention signatories at
http://www.copyrightaid.co.uk/copyright_information/berne_convention_signator
ies(as
well as other places). Of course, I'm not a lawyer so this isn't legal
advice, just friendly conversation. :-)



I believe that you apply the copyright law where the work will be used, not
where it was originally published.



The rule of five is a U.S. guideline that represents a general agreement on
acceptable limits that balance copyright holders' interests with the needs
of libraries/education/public. It does not have the force of law, but is
voluntarily used by so many institutions that is has become a national
standard. The CONTU guidelines were developed to assist librarians and
copyright proprietors in understanding the amount of photocopying for use in
interlibrary loan arrangements permitted under the copyright law, section
108(g)(2).

The rule of 5 applies to uses of copyrighted works within the U.S. In that
sense it may apply, to the extent that an organization wishes to apply it,
to use within the U.S. of foreign copyrighted works. There is no equivalent
international rule.

While there is no provision in the U.S. copyright law that says you have to
seek permission for the 6th article from the same journal, but you may elect
to do that to remain consistent with your own policies, guided by the CONTU
rule of 5. Alternatively you may want to rely on fair use-- both are options
for this type of use in the U.S.

In sum, there is no international rule to guide you. You are free to follow
the rule of 5 or to rely on fair use as an available copyright exception for
this type of use.



The question that you have asked about borrowing journals from Israel is
interesting because there are variables that have not been explained on your
behalf.

The format that the journals are in is one of the variables.  Sound
recordings lack protection against being reproduced.

 Existing copyright laws in Israel originated in 1911.  They were last
amended in 1999.  To comply with the TRIPS agreement,  Israel adopted
copyright changes for copyright legislation before the end of 1999.