46. évfolyam, 2000. 4. szám
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Why isn't it, if there is...? Outdated library image and lacking terminology in the copyright act
 
Pallósiné Toldi Márta

The study gives an analysis of the copyright law of 1999 from the point of view of the digital culture in library practice. Since definitions are not included in the law, enumerations (cases, types) are meant to enhance the interpretation, however, the law is not unambiguous even in this form. The copyright workgroup of the Association of Hungarian Librarians and the Alliance of Libraries and Information Institutes has compiled a material for discussion on those parts of the law which are most difficult to explain. Legal regulations, as a matter of fact, have to protect intellectual works, and the rights of authors on the one hand, but they also have to make access easy in the case of free-use material for the sake of the whole community on the other.

The material rights of the author can be limited in the case of free use (i.e. free services), if the law has regulations concerning this. However, owners of related rights represent the interest of the market, and fees are the means of meeting these interests. The concept of „use” (multiplication, distribution, public performance, broadcasting for the public, etc.) is therefore the key issue of the law. Copying and recording on some physical medium are mentioned as multiplication in the law. However, on the basis of the law is impossible to clearly state whether electronic media are considered as independent physical media to be treated in the same way. The concept of public performance was broadened by displaying the piece on the screen, considering all types of transmission as broadcasting. The definition of the electronic data file is also missing, thus it is impossible to say for sure what kinds of databases belong here. There are problems with the interpretation of interactive uses. If libraries have to cover copyright fees for digital services from their budget, then a part of the public collections will not be able to raise the sums. If they have to make their users pay, the function of prividing equal opportunities in libraries will be hurt.

It is the interest of librarians to keep digital services in the sphere of free-use for libraries.

Országos Széchényi Könyvtár
Észrevételek (2001/03/19)