Copyright and research

Our newspaper is on microfilm at our local library, and lately there's been a researcher who has been photocopying articles from about 40 years ago and wanting to scan them to e-mail either himself or others working on his project. They're all within the time period when copyright applies in our province.

The library seems to be having a fit about letting him do this on their machines, because it opens the door to distribution. As far as I know, he's not repackaging our content and not doing this to gain, simply to research. I believe he's citing where he got the work as well. I think he or his family also would have been subscribers to the paper during the years in question.

To me, what he's doing would appear to be fair dealing and I can't see our small newspaper using those back issues for any kind of profitable venture at this juncture. Should I be worried about stopping him, or is the library making too much of this?

 

The library is making way too much of it - fair use for research, sending himself scans is not different from making copies.

 

Agreed. This is completely legal and acceptable. Hell, that's what a library is for.

On a related note, Kinko's has always been notorious for not allowing you to make copies of your own newspaper articles, even when you produce a photo ID that matches up with the byline (not that I've ever done that ...)

 

Canadian law is different as the term "fair use" in the States is "fair dealing" up North. One difference is electronic distribution of copyrighted material is not covered by fair dealing. The law concerning fair dealing is still evolving.

http://library.concordia.ca/help/copyright/canadauscopyright.pdf

http://arstechnica.com/tech-policy/2012/07/canadian-supreme-court-embraces-fair-use-in-landmark-decisions/

 

Right, Kinkos policy is insane, but if I remember properly they got sued by a textbook publisher - many of their stores were on or near campuses and they were copying textbooks.

 

That's why you copy textbooks at the library or in the student union.

 

And, as I did, use a stolen copy machine key. At my college one had been stolen several years before and at the end of each year was passed down to a worthy senior-to-be - me at the end of my junior year. Since we had to write senior projects of about 100 pages, and make four copies, and there were about 150 grads each year, it got a lot of use.

 

Could your newspaper not contact the library and tell them that it's fine by you if this guy does this? Given that it's your copyright and all.

 

No, it's the copyright law. I wasn't talking about students.

 

I know it's violating copyright, but do you think most kids care?

 

What IS it with people at this site that post something and then turn around and delete it? You are quoting posts from both of you that no longer exist in the original thread.

 

I don't know. Stupidity, maybe.