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- Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU
- Path: sparky!uunet!europa.eng.gtefsd.com!gatech!udel!darwin.sura.net!paladin.american.edu!auvm!SIUCVMB.BITNET!GE0515
- Message-ID: <CWIS-L%93012813294524@WUVMD.WUSTL.EDU>
- Newsgroups: bit.listserv.cwis-l
- Date: Thu, 28 Jan 1993 13:29:45 -0600
- Sender: "Campus-Wide Information Systems" <CWIS-L@WUVMD.BITNET>
- From: "Terry D. Mathias" <GE0515@SIUCVMB.BITNET>
- Subject: More on CWIS and Copyright
- Comments: To: cwis-l@wuvmd.bitnet
- Lines: 35
-
- Colin Work raises the distinction between "having something" and
- "having the rights to something," which seemingly is the legal issue
- at hand. But two further aspects of that . . .
-
- Enforcement. It is difficult enough to manage enforcement of the "rights"
- with the printed versions. (That is not to say that we should not even
- try, of course.) Is it reasonable to think that there can be some sort
- of enforcement of "rights" to the electronic versions. Restricting access
- to certain materials because they are copyrighted has the effect of
- negating the purpose of making them available on the CWIS in the first
- place. Maybe there should be two kinds of disclaimers, one for users
- and one for information providers, just for the sake of the CWIS
- manager-in-the-middle. Enforcement will be extremely difficult.
-
- Transmission. Are we facing something of a double standard if we
- make certain policies regarding electronic transmission of such materials?
- Is the material under a different sort of copyright when it becomes
- electronic? If so, does the nature of the copyright then revert to
- the original form if the user then prints it rather than just using
- it on the screen?
-
- To me, the fundamental issue remains this: does the originator of the
- material (or otherwise the current holder of the copyright) lose anything
- different if the material is transmitted in electronic form compared to
- being transmitted in printed form? If not, then the form of transmission
- (sale of the material, access to CWIS, photocopying the material, etc.) may
- be irrelevant -- the holder of the copyright retains those rights, no
- matter what.
-
- And if we accept this notion, then the policies regarding copyrighted
- materials on CWISes should be the same as the policies regarding such
- printed materials.
-
- Then we are left discussing the pragmatics of enforcement and access,
- and probably not -- I would suggest -- the legal issue of rights.
-