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  • Strict copyright issues in digital libraries keep university lawyers on tenterhooks
  • Posted By:
  • Tom A.
  • Posted On:
  • 19-Aug-2009
  • The world today is all about delivering information and knowledge in libraries through a delivery system that is electronic based. However, all such information comes packaged in complex legalities. No electronic knowledge comes without agreeing to certain legal terms and conditions. These terms and conditions are stipulated by the company selling this information with the sole aim of generating profits.

    Libraries offering knowledge and resources for student reference and research purposes are forced to depend on corporate that are focused on maintaining the competitive edge and making money. While providers cannot be blamed for cashing in on opportunities, as the information they provide is valuable enough to students, faculty and researchers, the legal agreements which are mostly in favour of the providers is an issue.

    Digital revolution has changed the library system to a great extent. All computer programs, books, multi-media works and journals are delivered by the electronic delivery systems. The vast collection of database is offered by online access or CD-ROMs which include genetic materials, raw data, images and maps.

    Apart from these, real time access services online allows users to access stock market updated statistics, daily news feeds and vendor site controlled server delivering static information collections such as encyclopaedias. Previously libraries collected information through sources such as books, trade press, daily newspaper, collections and journals. They had a fair idea on the copyright regulations and disputes were minimal.

    Today the world is of instant mass dissemination of information. Knowledge is delivered simultaneously to millions of people through fibre-optic and electronic networks. With just a keystroke, it is possible to print or copy information.  This leaves the information vulnerable to copyright issues such as republishing with slight modifications. Rules are vague and there is no concrete idea of the legal framework.

    Challenges faced by educational institutions regarding license agreement is evident with the difficulty MIT had dealing with Encyclopaedia Britannica. It took a lot of effort and discussions between librarians, a team of lawyers and system staff at MIT to reach a mutually agreeable consensus with EB.

    For example, the term ‘authorized users’ was too limited to define. It took many debates and discussions to arrive at a definition for the term. MIT had to agree not to disclose the details to third parties. However, server access was limited to EB and MIT anyway did not control access.
    Another clause stipulated that unauthorized access was forbidden. However, MIT had such a huge and seamless computer system network that it was not practically possible to block such access.

    MIT had to go through a strenuous process to ensure breaching of unauthorized access agreement by any wayward student to keep from getting into trouble as conditions stipulated that if terms of license were breached, EB would automatically terminate agreement and deny access.
    Other aspects that kept MIT lawyers on their tenterhooks include liability disclaimers and indemnity obligations.

    While the volume of information, convenience and speed of the digital revolution is fantastic, they come at quite a substantial cost with a lot more limitations than what educational institutions had to agree to in the print era. It is quite a task for academic institutions to maintain a balance between providers and users of knowledge.






 

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