[open-science] [Open-access] Elsevier: some facts, by Tim Gowers

[Fabiana Kubke]

New zealand does not have fair use - it has fair dealing. Fair use in the
US (and I think Canada) allow I think for 10% reproduction of copyrighted
material for "fair use".

The way this was explained to me by my copyright officer is that for at
least some works the education provisions of the copyright act are below
the 10% reproduction allowed by fair use so we pay to get the 10%
allowance.

When libraries buy serial subscriptions (or textbooks), sometimes the
contracts have included the reuse of the material for educational purposes
(eg in students lecture notes, class slides etc). Some material we purchase
does not include this allowance.

The university purchases several licences, to the movie industry, the
recording industry and the copyright body (I think equivalent to the
Clearing House in the US and Canada) that extends the allowance for
reproduction for educational use - in essence letting us reach (legally)
the 10% (which ouf course US already has through fair use!)

If I estimate correctly the UoAuckland would be paying somewhere between
1-2 M NZD p.a. for that privilege. We are lucky that our copyright law has
other useful allowances (Like breaking TMR for legal purposes) which saves
us a lot of money, althought he TransPacific Partnership agreement may
change that . BUt that is a diff story :)

Hope that clarifies



On Fri, May 2, 2014 at 10:01 PM, Tom Olijhoek <tom.olijhoek at gmail.com>wrote:

>
>
>
> On Fri, May 2, 2014 at 11:52 AM, Peter Murray-Rust <pm286 at cam.ac.uk>wrote:
>
>>
>>
>>
>> On Fri, May 2, 2014 at 10:15 AM, Fabiana Kubke <mf.kubke at gmail.com>wrote:
>>
>>> I am a bit late to the discussion - but if anyone is interested there is
>>> interesting data on library expenditures in New Zealand and Australia here
>>> http://statistics.caul.edu.au/inst_data.php
>>>
>>
>> You're not late... :-) this is very welcome.
>>
>>
>>>  If I read hte data correctly, New Zealand spends about 50 million p.a.
>>> (NZ Dollars) in serial subscriptions. This does not include the copyright
>>> licencing fees that allow the reuse for education (as far as I understand).
>>>
>>
>> Can you expand on the re-use fees? This is an additional cost to
>> subscriptions. Re-use payments are at least as problematic as
>> subscriptions. But even harder to get a handle on. (?more FOIs?)
>>
>> I would think that copyright law always includes fair use policy which
> applies especially to use for educational purposes?
>
>>
>>
>>>
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>
>
> --
> Tom Olijhoek
>
> coordinator @ccess open access working group  at OKF
> DOAJ  member of Advisory Board
> freelance advisor for the WorldBank Publishing Group
> TEL +(31)645540804
> SKYPE tom.olijhoek
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>
>


-- 
M Fabiana Kubke
Chair Advisory Panel Creative Commons Aotearoa New
Zealand<http://www.creativecommons.org.nz/>
Department of Anatomy | University of Auckland | New Zealand
(+64) 9 373-7599 Ext 86002 | (+64)9 923 6002 (direct) | Mobile: (+64) 210
437 121

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