Re: "stored in a retrieval system"

[John Mitchell <john@xxxxxxxxxxxxxxxxxx>]

Rebecca,

My guess is that the "intent of the parties" probably focused on electronic
retrieval, but even so, there is no "exclusive right of electronic retrieval,"
as such. This kind of confusion and silliness can be abated somewhat if
copyright licenses or restrictions conform to actual copyright law.
Presumably, you are speaking of U.S. law (Iowa). In that case, I would filter
the language two ways.

First, legally, I would toss out nonsense that is, at best, a contract
restriction, and at worst, an abuse (misuse) of copyright. Where the law
allows certain actions and places them outside the scope of the copyright,
then any copyright holder's attempt to leverage real copyrights into control
over actions excluded from the copyright are suspect.

Second, I would put it in plain legal English (with a bow to Graham Cornish):

> Unless otherwise permitted by U.S. law, No Part of this publication work of
authorship may be reproduced into copies or phonorecords, (including
reproductions onto a server or other storage medium from which copies can be
made, performed publicly or displayed publicly stored in a retrieval system),
> or transmitted reproduced, displayed publicly, or performed publicly, in any
form or by any means, whether electronic, mechanical,
> photocopying, recorded records, or otherwise, without the prior written
permission of
> the copyright holder publisher.


Does it make a little more sense that way?

And no, under that reading, a "retrieval system" is not a bookshelf or filing
cabinet (or, as in my case, a pile of paper).

John
____________
John T. Mitchell
Interaction Law
1629 K Street, NW, Suite 300
Washington, DC 20006
http://interactionlaw.com
1-202-415-9213 (voice)
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On Apr 12, 2011, at 5:44 PM, Funke, Rebecca S. wrote:

> Good afternoon,
> I have a question about this phrase.  It is a phrase I haven't seen before
but
> when I google it, I see lots of folks are using it.  I'm just not sure
exactly
> what it means or is referring to.  Is it referring to electronic retrieval
> only?  The document I have is paper and reads as follows:
>
> No Part of this publication may be reproduced, stored in a retrieval
system,
> or transmitted in any form or by any means, electronic, mechanical,
> photocopying, records, or otherwise, without the prior written permission
of
> the publisher.
>
> A faculty member has requested this be placed on reserve (paper) but I'm
> curious as to the extent of the meaning of 'retrieval system'.
>
> Thoughts?
>
>
> Rebecca Funke
> Director of Library Resources
> Des Moines Area Community College
> 2006 S. Ankeny Blvd.
> Ankeny, IA 50023
> 515.964.6328
> rsfunke@xxxxxxxxx<mailto:rsfunke@xxxxxxxxx>
>
> "What a school thinks about its library is a measure of what it thinks
about
> education."
> ~ Harold Howe, former U.S. Commissioner of Education