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Re: Dissertations and copyright
I consulted with my boss, Laurie Thompson, an expert on copyright. She says:
The Library is not violating copyright because it is not making a copy,
only adding a gift to the collection. When the owner/author of the
dissertation gave away the copy, the recipient then has the right to do
whatever he/she wishes with it - except make a copy for a purpose other than
fair use. That includes giving it away to someone else or to the Library.
Libraries receive gift books, manuscripts, etc., all the time. I don't
believe a dissertation copy is any different, as long as it has been
legitimately produced and is not an illegally-made copy.
I happen to have a UMI dissertation agreement form in my files. It says,
in part:
"I hereby grant to B&H [Bell & Howell] the non-exclusive right to reproduce
and distribute my dissertation, in whole or in part, and from microfilm
along with the non-exclusive right to reproduce and distribute my abstract
in any format in whole or in part. Further, I hereby grant to B&H the
non-exclusive right to reproduce and distribute my dissertation, in whole or
in part, in and from and electronic format. Other publication rights may be
granted as I choose. . . . In accordance with the Copyright Act of 1976, B&H
will deposit one copy of my dissetation with the Library of Congress."
There is also an "Authorization to Apply for Registration of My Claim to
Copyright." So, UMI/B&H is NOT claiming copyright and in fact, offers to
register it (for a fee, of course) for the author.
Hope this helps.
Laurie
Laurie L. Thompson * Director
Health Sciences Library * SUNY Upstate Medical University
766 Irving Ave., Syracuse, NY 13210
thompsol@upstate.edu * www.upstate.edu/library
voice: 315-464-4582 * fax: 315-464-4584
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