|
Assuming one
accepts the premise that copyright laws are still important to ensure the
advancement of knowledge through journals and other means of distribution, it
is the licensing issues (i.e, the application of statutory commercial
contract law governing the relationships of particular parties to particular
contracts, as opposed to the statutory law principles promulgated in respect
of the relations between the producers and the users of copyrighted works
generally) that may fast be becoming the most important legal overlay to the
digital library environment, more important even than changes in copyright
law. Although copyright law and limitations imposed contractually
through licensing both often share a common goal of protecting intellectual
property, there are important distinctions in how these two legal constructs go about accomplishing their
respective purposes, with which distinctions librarians must become
increasing familiar. Ann Okerson sums
up these differences cogently:
|
|
“Copyright
represents a set of general regulations negotiated through statutory
enactment. The same laws and
guidelines apply to everyone in the country.
Licenses, or contracts, on the other hand, represent a market-driven
approach to such regulation. Each
license is arranged between a willing purveyor and a willing licensee,
resource by resource. The owner of a
piece of property is free to ask whatever price and set whatever conditions
the market will bear. Source: Ann
Okerson , "Copyright or Contract?" Library Journal 122
(September 1, 1997) p. 137.
|