On 25 May 2007, at 12:39, Stevan Harnad wrote:
> On Thu, 24 May 2007, Bebbington Laurence wrote:
>
>> This would, I think, prevent an author
>> who has assigned copyright from making or authorising the copying
>> and sending of an item to someone IF the intended use is for
>> commercial purposes (e.g. an author, who is not the copyright
>> owner, could not send the published version to someone working in
>> a pharmaceutical company's research laboratory). However, arcane
>> this may seem, it is (in my view) the legal position.
>
> It is indeed arcane and seems to have nothing to do with the topic at
> hand (and the rationale for Open Access), which is individual research
> use for research purposes.
The article as an expression of a particular scholarly work, not the
scholarship itself.
The copyright is the right to use (copy) that expression. It is not a
right to use the scholarship.
So commercial exploitation of the scholarship is irrelevant to the
terms of the copyright and to "fair use".
---
Les
Received on Fri May 25 2007 - 19:08:54 BST