Sunday 20 February 2011

Copyright and licensing

Some people[who?] have criticized that digital libraries are hampered by copyright law, because works cannot be shared over different periods of time in the manner of a traditional library. The republication of material on the Web by libraries may require permission from rights holders, and there is a conflict of interest between them and publishers who may wish to create online versions of their acquired content for commercial purposes.

There is a dilution of responsibility that occurs as a result of the spread-out nature of digital resources. Complex intellectual property matters may become involved since digital material is not always owned by a library.[17] The content is, in many cases, public domain or self-generated content only. Some digital libraries, such as Project Gutenberg, work to digitize out-of-copyright works and make them freely available to the public. An estimate of the number of distinct books still existent in library catalogues from 2000BC to 1960, has been made.[18][19]

The Fair Use Provisions (17 USC § 107) under copyright law provide specific guidelines under which circumstances libraries are allowed to copy digital resources. Four factors that constitute fair use are purpose of use, nature of the work, market impact, and amount or substantiality used.[20]

Some digital libraries acquire a license to "lend out" their resources. This may involve the restriction of lending out only one copy at a time for each license, and applying a system of digital rights management for this purpose (see also above).

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