READI

(Rights for Electronic Access to and Delivery of Information)

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COPYRIGHT NOTICE

Definition

The copyright notice clause outlines the language to be employed and the display of such language regarding the use and restrictions imposed on users of information disseminated over networks.

Discussion

One of the most difficult issues in the arena of networked information dissemination is the question of copyright. Under conventional rules for print, common practices and fair use rules have been practiced for many years. Except for extraordinary cases (photocopying and other such instances) guidelines for the use of copyrighted material have become fairly routine.

In networked environments, however, the ease with which digitized information can be dispatched introduces new circumstances for which there is little or no precedent. Consequently, there is little or no standardization as to the copyright language to be employed, how often (and where) copyright notices are to be displayed, and exactly what are the limitations and obligations of institutions and end-users.

Our research concluded that both buyers and sellers are prepared to accept a universal standardized copyright notice, together with standard procedures for displaying them. It is not clear to what extent copyright holders agree on the extent to which buyers and end-users may make use of copyrighted information over networks. In the absence of a standard format that, at minimum, the standard copyright mark, together with the classic copyright restriction notice, plus language which would permit downloading and other practices under "fair use" applications. It is also recommended that the copyright notice mark appear immediately upon accessing a file and that prior to downloading the end-user be cautioned about restrictions imposed on copyrighted material.

Benefits

Certainly it is best that copyright holders defend their rights by introducing copyright notices in order to guard against indiscriminate use of material without just compensation. From the institution's perspective it is also best that copyright notices be displayed appropriately and that the institution at least have a sense of obligation to enforce copyright restrictions where applicable (allowing "fair use" of networked information as much as print information). The defense of the proprietary rights of copyright holders (authors, publishers, etc.) allows both seller and user of the information to operate in a market environment that appropriately compensates sellers of information and gives user a broad array of information resources.

From a legal perspective, the display of copyright notices can benefit copyright holders in the event of unauthorized use. Sellers can then use the force of law to defend their rights.

Risks

The appearance of copyright notices in appropriate sequence, on the correct screen and even with the clearest language, does not prevent users from willfully or in ignorance, making use of copyrighted material without compensation to the sellers.

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Any comments, or feedback?		Last Update:   Wednesday, 03 July, 2002 - 04:22 PM - EDT