Circulating contents pages

'Is it legal', 'can I do this' type questions and discussions.
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Dougal
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Circulating contents pages

Post by Dougal » Tue Jan 08, 2008 11:13 am

Hi,

Any advice on the following would be appreciated. I've been asked if it would be possible to copy the contents pages of a couple of journals and then circulate them to various users, the request is that this it is scanned in and done via email. Would we need to obtain permission from the publishers to do this or would it contravene copyright law? I work in the public sector for a non profit organisation.

many thanks

D

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AndyJ
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Post by AndyJ » Sat Jan 30, 2010 4:09 pm

I think that what you are proposing would infringe copyright. None of the normal exceptions - fair dealing for criticism/review, research or private study, educational purposes or copying by librarians of parts of published works - would apply for a number of reasons, not least because in sending out these copies you would be publishing the material rather than doing anything permitted with it yourself.
The only possible avenue to explore would be under Section 60:
"60. Abstracts of scientific or technical articles
(1) Where an article on a scientific or technical subject is published in a
periodical accompanied by an abstract indicating the contents of the
article, it is not an infringement of copyright in the abstract, or in the article,
to copy the abstract or issue copies of it to the public.
(2) This section does not apply if or to the extent that there is a licensing
scheme certified for the purposes of this section under section 143
providing for the grant of licences
."
Clearly there is a difference between an index and an abstract. But the fact that this exemption exists, suggests that the publishers of the magazines you wish to include in this activity might be amenable to granting you permission, without cost, since what you propose is very similar to what section 60 permits.

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