Copyright law
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How will subito deliver to Germany, Austria and Switzerland from 01.01.2008?
On 1st January 2008 the New Copyright Law comes into force in Germany. Changes are especially noted according electronic delivery. Electronic deliveries are normally possible if there exists an contractual arrangement with the correspondong publisher.
subito already negotiated a contract with STM Stichting. Until the contract comes into force respectively until the implementation of the necessary adjustments postal resp. fax deliveries will be the normal case.
The new copyright act – its impact and consequences
The Second Act Governing Copyright in the Information Society (“Second Basket”) was passed by Germany’s upper house, the Bundesrat, on 21 September 2007 and come into effect on 1 January 2008.
When this act comes into effect, subito will bring its document delivery service into line with the new legislation. From this time onwards, it will only be legally possible for all user groups to receive documents by post or fax. The delivery of graphic files (PDF files) will then only be permissible if the publisher does not offer access to the same article online. The regulation that is mainly responsible for the new restrictions can be found in the newly worded Article 53a of the German Copyright Act (UrhG) which has been amended to cover private copies (§53 UrhG). The wording of the act now reads as follows:
§ 53a Document delivery on demand
(1) The reproduction and distribution via post or fax by public libraries of single articles published in newspapers and journals as well as small extracts of published works is legal by individual order as long as the orderer is allowed to use such articles in accordance with § 53... The reproduction and distribution in electronic form is permissible exclusively as a graphic file and only if access to the articles or small extracts of a work is not possible for members of the public on a contractual basis from places and times of their choice...
The restrictions governing the use of private copies and the delivery of copies offer the publishers of works more protection. The political view of the situation is unequivocally expressed in a press release issued by the BMJ on 21 September 2007, which reads as follows:
“Another innovation is that libraries will be permitted by law to make and send (e.g., via e-mail) copies of copyrighted works upon request. (…) Libraries may send copies via e-mail only if the publisher of a particular work does not itself offer the work online in a clearly apparent manner and on reasonable terms. These restrictions are necessary to protect the intellectual property of publishers and authors, because legislators may not establish regulations that make it impossible for publishers to sell their products on the market.”
When this act comes into effect, subito will bring its document delivery service into line with the new legislation. From this time onwards, it will only be legally possible for all user groups to receive documents by post or fax. The delivery of graphic files (PDF files) will then only be permissible if the publisher does not offer access to the same article online. The regulation that is mainly responsible for the new restrictions can be found in the newly worded Article 53a of the German Copyright Act (UrhG) which has been amended to cover private copies (§53 UrhG). The wording of the act now reads as follows:
§ 53a Document delivery on demand
(1) The reproduction and distribution via post or fax by public libraries of single articles published in newspapers and journals as well as small extracts of published works is legal by individual order as long as the orderer is allowed to use such articles in accordance with § 53... The reproduction and distribution in electronic form is permissible exclusively as a graphic file and only if access to the articles or small extracts of a work is not possible for members of the public on a contractual basis from places and times of their choice...
The restrictions governing the use of private copies and the delivery of copies offer the publishers of works more protection. The political view of the situation is unequivocally expressed in a press release issued by the BMJ on 21 September 2007, which reads as follows:
“Another innovation is that libraries will be permitted by law to make and send (e.g., via e-mail) copies of copyrighted works upon request. (…) Libraries may send copies via e-mail only if the publisher of a particular work does not itself offer the work online in a clearly apparent manner and on reasonable terms. These restrictions are necessary to protect the intellectual property of publishers and authors, because legislators may not establish regulations that make it impossible for publishers to sell their products on the market.”
Consequences for subito: deliveries from and to Germany
subito is equipping itself for the future and working feverishly on solutions. In order to dispel any speculation, subito will continue to offer its services after the act has come into effect.
subito’s main strategy will therefore be to acquire licences for electronic delivery. Where this is not possible immediately, the subito supplier libraries will, as a rule, switch to delivering documents digitally by fax and also by post.
In order to maintain subito’s attractive document delivery service, the price of delivery by post or fax will be reduced for user group 1 as well as within the subito Library Service.
In terms of reaching a mutually agreeable solution for users at universities and extramural research institutions (user group 1), the intensive talks currently underway between subito, the Börsenverein (the German association of affiliated publishers) and the representatives of the major scientific and technical publishers, STM Stichting, are looking promising. This would mean that delivery of scanned documents as PDF files via e-mail within Germany, Austria, Switzerland and Liechtenstein would then once again be possible within these German-speaking countries against payment of royalties.
Impact on the delivery of documents as of 1.1.2008:
The issue of whether it is possible to deliver PDF files via e-mail without incurring royalties is currently under review. This means that procedures for determining "self-evident online website content from publishers" will be examined in order to facilitate deliveries via e-mail if the opposite should be the case. However, the risk of incurring a lawsuit must always be weighed up in such instances.
subito’s main strategy will therefore be to acquire licences for electronic delivery. Where this is not possible immediately, the subito supplier libraries will, as a rule, switch to delivering documents digitally by fax and also by post.
In order to maintain subito’s attractive document delivery service, the price of delivery by post or fax will be reduced for user group 1 as well as within the subito Library Service.
In terms of reaching a mutually agreeable solution for users at universities and extramural research institutions (user group 1), the intensive talks currently underway between subito, the Börsenverein (the German association of affiliated publishers) and the representatives of the major scientific and technical publishers, STM Stichting, are looking promising. This would mean that delivery of scanned documents as PDF files via e-mail within Germany, Austria, Switzerland and Liechtenstein would then once again be possible within these German-speaking countries against payment of royalties.
Impact on the delivery of documents as of 1.1.2008:
- No restrictions: delivery of copies by post or fax at lower prices
- Delivery of PDF files via e-mail against payment of royalties if the contractual basis exists
The issue of whether it is possible to deliver PDF files via e-mail without incurring royalties is currently under review. This means that procedures for determining "self-evident online website content from publishers" will be examined in order to facilitate deliveries via e-mail if the opposite should be the case. However, the risk of incurring a lawsuit must always be weighed up in such instances.
Copyright regulations in Germany
All copies of articles ordered through subito and utilized by the users are subject to copyright regulations. By registering with subito, the user commits to observing these regulations, most notably that the copies are for personal use only and not to be disclosed to third parties.
Should delivery be made by e-mail or FTP, neither the file nor the link may be disclosed to third parties. The copy may only be printed once, and the file must be permanently deleted afterwards. Saving such files or links is not permitted.
In general, the copies may not be made available to the public.
Should delivery be made by e-mail or FTP, neither the file nor the link may be disclosed to third parties. The copy may only be printed once, and the file must be permanently deleted afterwards. Saving such files or links is not permitted.
In general, the copies may not be made available to the public.
Cioyright regulations in other countries
As part of subito’s delivery service, users receive copies of works protected by copyright. The receipt of orders, making of copies and delivery to the users are all services subject to the copyright regulations of all those countries affected by these activities. The users are dutifully bound to observe all copyright regulations.