[open-bibliography] OAIPMH and the right to copy (from "Library support and REST")

[Ben O'Steen]

On Tue, 2010-10-26 at 14:27 +0100, Christopher Gutteridge wrote:
> Is there any chance of having bibligraphic metadata being explicitly 
> legally declared as always fair use? If you do that the problem goes away...
> 
> 

I do agree - my personal opinion is that copyright law doesn't apply to
the simple identifying fields in the PubMed metadata. (Abstracts, etc
are arguably covered under fair dealing, and there is a norm around
indexing them anyhow) However, the only lawsuits I know of are those of
the search engine reuse, and they are typically ruled on with US law.

eg http://news.cnet.com/2100-1030_3-6041724.html 

(Also, forgot to link to Google's Safe harbour defence for YouTube
earlier, is worth reading, if only for what constitutes a 'Safe
Harbour'd service provider... in the US at least.
http://www.google.com/press/pdf/msj_decision.pdf [30pg PDF])

The next bogeyman is the sui generis database law - which I really don't
think applies to the dataset that strongly either but unfortunately, I
do think there is a case here because some agent, somewhere, decides
which journals are aggregated in PubMed and which aren't. This is why we
were pursuing UKPMC to sign off on this or at least get a letter of
agreement that they won't 'protect' their database rights.

Ben


> 
> On 26/10/10 13:17, Ben O'Steen wrote:
> > On Tue, 2010-10-26 at 07:29 -0400, Ross Singer wrote:
> >    
> >> Sidestepping all of the sanctimonious patronizing towards libraries
> >> (chemistry is not much of a high horse to look down from), to answer
> >> Peter's original question about getting the data: DSpace has ways to
> >> get data out.  Every DSpace instance has an OAI-PMH provider:
> >>
> >> https://spectradspace.lib.imperial.ac.uk:8443/dspace-oai/request?verb=Identify
> >>
> >> it's just that Imperial's seems to be broken.
> >>
> >> DSpace also has an SRU plugin:
> >>
> >> http://code.google.com/p/oclcsrwdspacelucene/
> >>
> >> But that doesn't mean Imperial has installed it.
> >>      
> >
> > However, a service like this doesn't mean that you can reuse it for
> > anything other than personal use. I am part of a ongoing conversation
> > with UKPMC where they stated that they could not openly allow large
> > scale reuse of their OAIPMH provided metadata. They said they could for
> > their 'OA subset', but not for any of the others as they have
> > contractual obligations to their metadata suppliers.
> >
> > Ben
> >
> >
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> >    
>