Re: Open Archiving: What are researchers willing to do?

From: Christopher D. Green <christo_at_YORKU.CA>
Date: Fri, 19 Nov 1999 09:31:56 -0500

Marvin wrote:

> ----- Original Message -----
> From: Ian Ross <>
> Sent: Friday, November 19, 1999 5:16 AM
> Subject: Re: Open Archiving: What are researchers willing to do?
> Copyright law differs from country to country. I mentioned yesterday the
> Library of Congress site where one can read about US copyright law. As I
> understand it, "publish" in copyright terms is to make available to the
> public in any form. There is no difference whether a person or entity
> infringes the copyright. Enforcement is through the courts. The
> international nature of the Internet complicates enforcement, but keep in
> mind that most countries subscribe to copyright treaties that have the force
> of law.

I had a look at this site after you mentioned it yesterday, and noticed the
following interesting passage (,
about a third of the way down, just after the grey box that begins "NOTE: Before

"A further discussion of the definition of "publication" can be found in the
legislative history of the 1976 Copyright Act. The legislative reports define
"to the public" as distribution to
persons under no explicit or implicit restrictions with respect to disclosure of
the contents.
The reports state that the definition makes it clear that the sale of
constitutes publication of the underlying work, for example, the musical,
dramatic, or
literary work embodied in a phonorecord. The reports also state that it is clear
any form of dissemination in which the material object does not change hands,
example, performances or displays on television, is not a publication no matter
how many people are exposed to the work. However, when copies or phonorecords
are offered for sale or lease to a group of wholesalers, broadcasters, or motion
theaters, publication does take place if the purpose is further distribution,
performance, or public display." [bold added by me]

Has it been established in court (in the US or eleswhere) that posting something
on the web actually counts a "publication"? No "material object" has changed

Christopher D. Green
Department of Psychology
York University
Toronto, Ontario M3J 1P3
phone:  (416) 736-5115 ext. 66164
fax:    (416) 736-5814
Received on Wed Feb 10 1999 - 19:17:43 GMT

This archive was generated by hypermail 2.3.0 : Fri Dec 10 2010 - 19:45:38 GMT