[open-bibliography] Fwd: Open Bibliographies and copyright of abstracts

[Fabiana Kubke]

Hi,

As per an earlier conversation regarding copyright issues with abstracts, I
spoke to a New Zealand lawyer about the copyright act of NZ and how it
allows copying and distributing abstracts. The goal was to see whether there
would be a benefit in housing the Open Bib data to take advantage of that
copyright exemption.

He agrees that this is the case, and that my interpretation of the article
in the copyright law was correct.

However, there are limitations:

When for example copying an abstract online in New Zealand one needs to
comply not only with NZ copyright law but also with the copyright law of the
country in which the abstract was originally published (that is the
journal's country). If country A allows to copy/distribute abstracts, then
publishing it on a new zealand server is ok. If country B does not permit
the distribution/copy of the abstract then it cannot be  posted online in
NZ.

However there would be one advantage of putting the open bibliography on NZ
jurisdiction rather than UK jurisdiction. For the case of a journal
published in country B (that does not allow for copy/distribution) the
abstract could not be posted in neither UK or a NZ site. However, for a
journal published in country A (that allows copy/distribution under their
copyright law), the journal would still be able to request the UK crown to
apply for the restriction clause in the UK copyright act preventing the
abstracts from being posted in the UK. Since NZ copyright law does not have
a provision similar to that of the UK, then the only way that a journal from
country A would be able to prevent the abstract from being published in NZ
would be by changing their country's copyright law.

Posted in New Zealand means on a server in NZ and a .nz domain. If this is
something that would be considered I could bring it up to the Creative
Commons Aotearoa New Zealand and ask whether they would be able to host the
data. I was also told that there would have to be an 'administrator of the
site' and other legalities that would have to be considered but not worth
trying to get my head around that unless this option is seriously
considered.

I hope this makes some sense. If not, would be happy to try to clarify.

Creative Commons New Zealand Aotearoa will meet on Friday (your thursday),
but of course, it can always be brought up at a later time.

Cheers
Fabiana
-- 
M Fabiana Kubke

Department of Anatomy | University of Auckland | New Zealand
(+64) 9 373-7599 Ext 86002 | (+64)9 923 6002 (direct) | Mobile: (+64) 210
437 121

Skype: superfabs | http://twitter.com/Kubke | http://identi.ca/kubke |
http://buildingblogsofscience.wordpress.com |
http://sciblogs.co.nz/building-blogs-of-science |
http://popscinz.wordpress.com | http://talkingteaching.wordpress.com



-- 
M Fabiana Kubke

Department of Anatomy | University of Auckland | New Zealand
(+64) 9 373-7599 Ext 86002 | (+64)9 923 6002 (direct) | Mobile: (+64) 210
437 121

Skype: superfabs | http://twitter.com/Kubke | http://identi.ca/kubke |
http://buildingblogsofscience.wordpress.com |
http://sciblogs.co.nz/building-blogs-of-science |
http://popscinz.wordpress.com | http://talkingteaching.wordpress.com
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