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Licensing and public libraries (T. Haavisto) ... p. 239-241

Way of purchasing material to libraries is changing. Electronic web documents cannot be owned by libraries as books or cassettes. Instead of buying ownership, libraries will in many cases buy access to web and other electronic documents. Then, provisions of use of the document must be agreed in a licensing agreement. Librarians must more than earlier learn to read contracts and the contract law.
The general way to acquire chargeable web material for libraries is to form consortia of libraries. Thus, libraries must learn to make consortia agreements. It must also be decided, who and in which amounts is paying the license fees.
Licenses are one reason to say, that libraries need more money to fulfill their tasks in the information society.

Licensing contracts in relations to libraries (M. Boháček) ... p. 242-265

Part 1 of the article deals with the concept of "license" and ways how to grant it and especially with licensing contract in general. More in details is analyzed the position of the parties to the licensing contract (both absolute, and relative rights and are given models there of) and when the licensee is authorized to execute the Copyright independently in relationships with the third parties. The view is focused mainly on licensing the Copyright and sui generis rights to databases in relation to libraries. Important for right classification of a contract as the licensing one is the next sub-part of the article dealing with its differences with contract of sale, assignment of rights, lease, work, franchising, and other contractual types. Part 2 deals with the system of legal regulation of licensing contract in the Czech law from the view of a librarian. Part 3 arguments the types of the licensing contract, in particular exclusive, solo and non- exclusive license, cross license, package license, and in details shrink-wrap license and "click-on" or "click- through" contracts on the internet. Special attention is given to the publishers license, sub-license and assignment of the license, classification relied the scope of the license, and also individual, collective and "mass" license (the last one can be granted to the whole repertoire). Part 4 analyses common structure of licensing contract and practical aspects of those of its particular items important for librarians, e.g. preamble, aim of the contract, its object, how and when the licensor fulfill its obligations, in deep details the rights and obligations of licensee (usually a library) and access rights of the third parties (library users and their classification), price - royalties and payment terms, securing the obligations (including liquidated damages or contractual penalty and how to solve the problems with a bankruptcy), liability and exemption clauses, assignment of rights to the successors, termination of the contract, prolongation and changes in the contract etc. Next text offers solving of usual problems with "general terms and conditions" or "general agreement" or various annexes and their possible textual or contextual contradictions. Part 5 gives overview on the international element in licensing, especially governing law and dispute resolution (with recommendation to the arbitrators and mediators in Intellectual Property Rights of the Czech Republic or WIPO) and states examples of differences in some foreign laws-recent American and German judicial precedents on the shrink-wrap or click-on licenses. The last part 6 very shortly answers important for librarians' question: what overrules - contract or the Act?

2nd Steering Group CELIP meeting (M. Boháček) ... p. 266-268

By the adoption of Directive 200 1/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society European Communities fulfilled the obligation arising from two inter national treaties agreed in December 1996 in World Intellectual Property Organization: WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT). This Directive in particular defines exclusive reproduction right and communication to the public right for authors and other right holders with the emphasis on use of works and other subject matter on the Internet. For the maintaining of balance between right holders and users Directive provides for facultative exceptions and limitations from reproduction right and communication to the public right and provides for an obligatory exception for so called technical copies, temporary copies which originate during transmission in communication networks. The provisions of Directive concerning protection of technological measures and rights-management information are also important ones. Czech Copyright Act, which has been adopted one year earlier than Directive has, contains most of the provisions of the Directive but some of them only in version that corresponds to the version of the proposal of the Directive effective by the date of preparation of the Act,
Czech translation of the Directive is supplemented by commentary on its selected provisions.

Joint meeting of representatives of libraries and copyright holders within the CELIP
Project (M. Boháček) ... p. 268-269

Memorandum of understanding (Czech translation) ... p. 270-272

Directive 200 1/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society (Czech translation) ... p. 273-282

Commentary on the Directive 2001/29/ES (D. Hartmanová) ... p.  283-284

New right of communication with public. Will it impact on libraries? (B. Hugenholtz) ... p. 287-288

 

DOCUMENTS

International declaration on the deposit of electronic publications: CENL/FEP (Czech translation) ... p. 289-293

The Keystone Principles (Czech translation) ... p. 294-295
 

ON ACTIVITY OF MUSIC LIBRARIES - IAML

Annual IAML Congress 2001 (J. Hůlek) ... p. 296-297

Plenary meeting and news from working groups of the Czech National Branch of IAML 2001 ... p. 298-300

Thematic catalogue of works by composer Vinzenz Maschek (1755-1831) and "Maschek symposium" (J. Mikuláš) ... p. 301-302

 

INFORMATION, REVIEWS

Cataloguing policy

Application of the Library of Congress Subject Headings in the National Library of the Czech Republic (M. Balíková) ... p. 303-305

29th international ISBN Agency Advisory Panel meeting (A. Jeřábek) ... p. 306-307

CS ONLINE 2001 (G. Krčmařová) ... p. 307-309

Publishers' International ISBN Directory 2001/2002 (A. Jeřábek) ... p. 309

 

FOREIGN LIBRARY LITERATURE NEWS  ... p. 310-311