Re: "Authors Re-using Their Own Work"

From: Arthur Sale <ahjs_at_OZEMAIL.COM.AU>
Date: Sun, 2 Aug 2009 11:15:16 +1000

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Charles

The Australian Act makes no mention of who does the reproduction. Whether I make a reproduction/copy (say electronic by email, or photocopy my manuscript or the journal, or some other form of copy) of my article to give to my PhD student, or he/she does it personally from a CD I lend or a journal issue they borrow, makes no difference. I can even ask an administrative assistant to make the copy for me and deliver it. What matters is that the copy is for the purpose of research or study. Exactly the same applies to a remote researcher who asks me for a copy of my article.

I left out sections 1A and 1B of Section 40 but they (amongst other things) even make provision for reproductions of journal articles to be provided to [multiple] off-campus students engaged in a course of study.

The Australian Act simply recognises that research thrives on dissemination. I might add that it is equally sensible in other areas, such as photography of copyright works located permanently or temporarily in public places.

But Stevan is right. The law is not the issue. I merely pointed out that the Australian Act is more sensible than most in that it legitimises what is common practice, so common indeed as to be hardly worth remarking on except when people query it. The facts are that researchers have practised copying of research articles and sending copies to fellow researchers for a long time, and they continue to do so. My memory of this goes back to when I started work as an academic in 1961, 48 years ago. My publishers then even asked me how many reprints I wanted - not necessary these days.

Arthur Sale
University of Tasmania

-----Original Message-----
From: American Scientist Open Access Forum [mailto:AMERICAN-SCIENTIST-OPEN-ACCESS-FORUM_at_LISTSERVER.SIGMAXI.ORG] On Behalf Of C.Oppenheim
Sent: Saturday, 1 August 2009 10:31 PM
To: AMERICAN-SCIENTIST-OPEN-ACCESS-FORUM_at_LISTSERVER.SIGMAXI.ORG
Subject: Re: [AMERICAN-SCIENTIST-OPEN-ACCESS-FORUM] "Authors Re-using Their Own Work"

The Austrlain Act does indeed permit fair dealing for one's own research or
private study; but it doesn't permit copying for distribution to third
parties.

I am slightly alarmed that there is this misunderstanding about copyright
law. Fair dealing for research or private study is when you make a copy
for one's own research or private study. Thus, in law, if Dr Jones asks Dr
Smith for an electronic copy of Dr Smith's article, and Dr Smith gave away
the copyright to Megacorp Publishers, then Dr Smith should strictly not
supply that copy (unless the publisher has granted permission for do such
things) b3ecause the copy isn't then for Dr Smith's own research or private
study, but should advise Dr Jones to make his own fair dealing copy.
Received on Sun Aug 02 2009 - 02:31:25 BST