Newsletter No. 154
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FreePint
"Helping 66,000 people use the Web for their work"
http://www.freepint.com/
ISSN 1460-7239 19th February 2004 No.154
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ALTERNATIVE NEWSLETTER FORMATS AVAILABLE AT:
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IN THIS ISSUE
-------------
EDITORIAL
MY FAVOURITE TIPPLES
By Duncan Parry
FREEPINT BAR
In Association with Factiva
a Dow Jones & Reuters Company
JOBS
Information Manager
Senior Account Manager / Associate Director - Consumer Research
Business Information Researcher
TIPS ARTICLE
"Electronic Information for Occupational Safety and Health -
Challenges for the Information Professional"
By Paul Verlander
BOOKSHELF
"Developing Web-Based Instruction - Planning, Designing, Managing
and Evaluating for Results"
Reviewed by Stephanie Taylor
FEATURE ARTICLE
"Legal Issues For Information Professionals. How UK Copyright Law
Has Changed With The EU Directive"
By Charles Oppenheim
EVENTS, GOLD AND FORTHCOMING ARTICLES
CONTACT INFORMATION
ONLINE VERSION WITH ACTIVATED HYPERLINKS
<http://www.freepint.com/issues/190204.htm>
FULLY FORMATTED VERSION
<http://www.freepint.com/issues/190204.pdf>
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*** Company information in an instant from BUREAU VAN DIJK ***
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"FreePint Virtual Exchange:
Copyright and the new law : what it means for you"
Send in your questions for inclusion in this
Virtual Exchange which will be available in March:
<http://www.freepint.com/exchange/>
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>>> ABOUT FREEPINT <<<
FreePint is an online network of information searchers. Members
receive this free newsletter twice a month: it is packed with tips
on finding quality and reliable business information on the Internet.
Joining is free at <http://www.freepint.com/> and provides access to
a substantial archive of articles, reviews, jobs & events, with
answers to research questions and networking at the FreePint Bar.
Please circulate this newsletter which is best read when printed out.
To receive a fully formatted version as an attachment or a brief
notification when it's online, visit <http://web.freepint.com/>.
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Capturing and consolidating online information from multiple sources
and formats into one report is challenging and time consuming.
Net Snippets enables selective capturing and annotation of
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EDITORIAL
Today we publish an article on the important topic of occupational
safety and health, by Paul Verlander. Charles Oppenheim's piece is on
the impact of the new copyright directive on library and information
professionals. It is one of a series of articles he has written on the
topic in the academic press and we are very pleased that he has chosen
to place this article exclusively with FreePint. There are a number of
respected information professionals and academics writing in the legal
field, and it is always important to read a range of different
interpretations of new legislation in particular.
If you would like to explore more fully the areas that Charles
Oppenheim's article covers, then I invite you to take part in our
FreePint Virtual Exchange on copyright and the new law, and what it
means for you <http://www.freepint.com/exchange/>. You can email
your questions to our expert, Paul Pedley, who will then record a
presentation incorporating your questions. The full presentation with
accompanying documentation, relevant legislation and further reading
and contacts will then be available to purchase as an electronic
information pack from the FreePint shop in March.
Virtual Exchanges are an exciting new venture for us and are in
response to feedback received from delegates at our various training
exchanges run here in London. UK and International colleagues have
also approached us about virtual training as a real alternative for
people interested in a topic but unable to travel to London.
Although the Copyright Virtual Exchange will be based on English law,
it will still be of interest to information professionals in other
countries, especially other EU member states as they are also required
to implement the copyright directive 2001/29/EC.
The obvious advantages of learning virtually is more cost-effective
use of your time and no travelling costs. Everyone learns in a
different way and at a different pace. Learning using our FreePint
Virtual Exchanges will mean you can have your input via email, watch
and listen to the presentation in sections at your own convenience,
and follow up supporting information at your own computer.
As ever, there will be plenty of opportunities for feedback and we
would like your ideas for topics and presenter, wherever they are in
the world. You can email me at <annabel.colley@freepint.com>.
The latest issue of VIP Eye - FreePint's sister publication with
twice-monthly analysis of news in the UK European and international
business information industry - has an interesting overview of
Outsell's top predictions for the content industry in 2004. Find out
more about VIP Eye and the monthly VIP at <http://www.vivaVIP.com>.
I returned Monday from my short break in Russia and it exceeded all
expectations, with both Moscow and St Petersburg fascinating and
breathtakingly beautiful in the snow. Thanks to those people who
emailed me their travel tips and travelogues.
Annabel Colley
Editor, FreePint
<annabel.colley@freepint.com>
FreePint is a Registered Trademark of Free Pint Limited (R) 1997-2004
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"An Introduction To Freedom Of Information"
ISBN 1-904769-03-9
This report covers the role that publication schemes play in the UK's
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MY FAVOURITE TIPPLES
By Duncan Parry
In the course of my work I use a number of dictionary and glossary
websites. Here are some of the most useful:
* Acronym Finder <http://www.acronymfinder.com/> - Defines over
297,000 acronyms and abbreviations, including a reverse look-up
feature for when you know there is an acronym or abbreviation, but
just can't remember it.
* Economist Business Encyclopaedias
<http://www.economist.com/encyclopedia/> - Business jargon can seem
impenetrable at times. The Economist presents specialist
dictionaries for Accounting, Banking, E-commerce, Economics and
other business topics.
* MoneyExtra glossary <http://www.moneyextra.co.uk/glossary/> -
Financial services most be one of the most jargon-laden industries.
MoneyExtra's no nonsense UK glossary defines everything from ABI to
zero-rated.
* Whatis?com <http://whatis.techtarget.com/> - Ever wondered what an
ISP is? Baffled by TCP/IP or confused by DRAM? Whatis.com provides
easy to understand definitions of Internet and computing jargon.
* On-line Medical Dictionary <http://cancerweb.ncl.ac.uk/omd/>
- Definitions of scientific and technical terminology including
medicine, chemistry, biology and physics. Provided by The University
of Newcastle upon Tyne.
Duncan Parry works in the UK editorial team of European pay-per-click
search engine Espotting <http://www.espotting.com/>, creating
advertising campaigns for the websites of leading UK brands.
Submit your top five favourite Web sites. See the guidelines at
<http://www.freepint.com/author.htm>.
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FREEPINT BAR
In Association with Factiva
a Dow Jones & Reuters Company
It's becoming increasingly difficult to select a range of questions to
highlight here. I tend to pick unanswered ones or those that strike a
particular chord with a number of regulars. The sheer number and
quality of postings means that the Bar remains a great way to gauge
the concerns and interests of FreePint's diverse readership.
For instance, the debate on dress codes for library staff has become
quite lengthy and is surprisingly interesting
<http://www.freepint.com/go/b27606>. After reading this you'll
certainly form an opinion on what the staff in your local library are
wearing next time you visit.
Can you help someone looking into bibliographic databases and wanting
alternatives to BNB and BookFind <http://www.freepint.com/go/b27634>?
What about removal firms specialising in packing library stock
<http://www.freepint.com/go/b27591>? Or a look at auditing the
information products organisations create
<http://www.freepint.com/go/b27596>? Is there a computer program that
can compare different texts to identify if they've been written by the
same person <http://www.freepint.com/go/b27669>?
Moving from information-related to company-related queries, does
anyone know of comparative research or opinion on Mergers and
Acquisitions databases <http://www.freepint.com/go/b27661>? This could
be a good topic for review in FreePint's sister publication VIP
<http://www.vivaVIP.com>. There's currently a review of Hemscott
Company Guru and VIP Eye has plenty of new product announcements twice
a month, recently including those from IRN and Snapshots <
http://www.vivaVIP.com/eye/>.
Other Bar enquirers want: a list of the top Campaign Management
vendors <http://www.freepint.com/go/b27658>; a European equivalent to
the US Census report for consumer lifestyles
<http://www.freepint.com/go/b27642>; information on how business women
in the Middle East perceive technology
<http://www.freepint.com/go/b27626>; a list of top UK cities by office
space or workspace <http://www.freepint.com/go/b27600>; a way to find
non-SEC company information in America
<http://www.freepint.com/go/b27556>.
There are always lots of Web-usage questions at the Bar, and someone
wants to measure how long library staff dedicate to updating their
Website <http://www.freepint.com/go/b27675>. Is there a service where
you can email a document and it's printed and posted for you
<http://www.freepint.com/go/b27635>? Do you know of an XP-compatible
equivalent to Lotus ScreenCam <http://www.freepint.com/go/b27625>?
Can anyone point to reviews of visual search software
<http://www.freepint.com/go/b27595> or explain the difference between
RSS and Atom <http://www.freepint.com/go/b27627>? Is it possible to
save and categorise a browser's History
<http://www.freepint.com/go/b27562> or incorporate 'drilled' Google
results into the Google Viewer <http://www.freepint.com/go/b27585>?
So many questions, so much valuable information. If you'd like a
twice-weekly review of the latest at the Bar, sign-up for the Bar
Digest at <http://web.freepint.com/>.
William Hann <william.hann@freepint.com>
Managing Editor, FreePint
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The FreePint Bar is where you can get help with your tricky research
questions, for free! <http://www.freepint.com/bar>
Help with study for information-related courses is available at the
FreePint Student Bar <http://www.freepint.com/student>.
Twice-weekly email digests of the latest postings can be requested
at <http://web.freepint.com/>.
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For more details call 020 7745 7245 email info@glenrecruitment.co.uk
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FREEPINT JOBS
<http://www.freepint.com/jobs>
The FreePint Jobs Update is being circulated widely every two
weeks. This free newsletter now has 1,100 direct subscribers and
is posted at the Bar and in the Bar Digest (circulation 11,000).
To see the Jobs Update No.67 visit <http://www.freepint.com/go/b27643>
and to subscribe, modify your account at <http://web.freepint.com>.
Here are some of the latest featured jobs:
Information Manager
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NB: There are 43 other jobs in the current edition of the Jobs Update
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TIPS ARTICLE
<http://www.freepint.com/issues/190204.htm#tips>
"Electronic Information for Occupational Safety and Health -
Challenges for the Information Professional"
By Paul Verlander
The field of occupational safety and health (OSH) encompasses all
risks associated with work activities that may cause injury, disease
or poor health. It should be distinguished from general health and
safety issues, as work activity is a major risk in itself. To put this
risk in context, Paul Schulte reports that in 1999, 1.1 million people
died through work, 250 million sustained disabling injuries and 160
million incidents of occupational diseases were reported. In the UK,
despite an improving health and safety record over the past twenty
years, 226 people were killed at work in 2002/2003 according to the
Health and Safety Executive (the author's employer and UK regulator).
Similarly, it has been recognised that poor occupational safety and
health is a major economic drain: Schulte asserts that economic losses
amount to 4% of world GNP per annum.
Information is vital to the effective prevention of disease and injury
in the workplace and is of importance not only to researchers and
safety practitioners in the field, but also to employees who need to
know whether they are at risk from their work. Equally, it cannot be
ignored by employers who have statutory obligations to protect
workers. The electronic provision of OSH information presents a number
of challenges to the information professional, who must play a pivotal
role in its dissemination. This article presents an outline of those
challenges and will focus on five key themes: the cross-discipline
scope of the subject; the variable nature of coverage; price of
resources; problems of information dissemination; and the rapidly
changing nature of the subject.
A Multi-faceted Subject
-----------------------
A major challenge to the information professional is the fact that the
subject is multi-disciplinary, spanning a range of scientific and
social scientific disciplines. Indeed, OSH encompasses chemical
hazards, safety science, toxicology, industrial hygiene, psychology,
management, industrial hygiene, ergonomics, engineering and law. The
information professional, acting as subject specialist must,
paradoxically, remain an all-rounder.
Technical and research information is spread across a range of
electronic sources. There are multi-disciplinary OSH databases such as
HSELINE provided by the UK Health and Safety Executive and NIOSHTIC
provided by the US National Institute for Occupational Safety and
Health. Key valuable resources, however, retain their national focus
and contain bibliographic citations as opposed to full text.
Paradoxically, whilst there are limited resources that encompass the
whole subject, there is a growing mass of OSH information. The
professional will be faced with over 6,000 databases internationally.
It is therefore vital that information professionals can not only
retrieve, but also critically evaluate appropriate resources.
The task is further compounded by the variety of forms that available
OSH information may take. It can be found in legislative documents,
scientific research, statistics, technical standards, guidance for
employees and a wide range of subject-specific journals only some of
which are readily available on line.
Subject Coverage
----------------
In addition to the problem of the broad scope of OSH, the coverage of
different areas of the subject by electronic resources varies. Risks
associated with traditional large-scale manufacturing industries such
as chemical hazards tend to be better covered than those with the
post-industrial economy such as musculoskeletal disorders associated
with display screen equipment. Some industries have a range of free
online information available, such as construction -- through the
NIOSH site Electronic Library for Construction Safety
<http://www.cdc.gov/elcosh/>. However, coverage varies between
industries. Quality information on some areas of OSH is often embedded
in other subject databases such as Medline or more general e-journal
hosts such as Science Direct <http://www.sciencedirect.com>.
Because of the serious ramifications of its use, it is vital that OSH
information (like medical information) is reliable and authoritative.
In addition to numerous official resources such as the websites of the
UK Health and Safety Executive <http://www.hse.gov.uk>, the US
Occupational Safety and Health Administration <http://www.osha.gov/>,
professional representative groups such as the Institute of
Occupational Safety and Health <http://www.iosh.co.uk/> and
established information providers such as Technical Indexes'
Occupational Health and Safety Information Service
<http://www.tionestop.com/>, there is much information of varying
quality from private consultancies. Furthermore, the quality of OSH
information varies between different countries, making comparative
study difficult. For example, although most developed countries
collate OSH statistics there is no agreed universal method for
collation making comparison problematic.
Cost of Resources
-----------------
This leads then to another problem facing those wishing to provide
quality OSH information - cost. The majority of cross-subject OSH
resources available incur significant costs to the user. Because of
high subscription costs, the growth in online sources on occupational
health and safety is not necessarily mirrored by increased access.
Despite a range of good quality information available freely on the
Internet, most specific OSH databases are very expensive to acquire.
For example, the full text UK database of health and safety
regulations, OSHPLUS, costs GBP995 per year per single user.
Similarly, the UK web database HSE Direct, containing the full text of
regulations, costs GBP219 plus VAT for a single user. If they are to
be made available on a network for multiple users, these costs
increase substantially. The limited free-access approach of the
medical database Medline, through PubMed
<http://www.ncbi.nlm.nih.gov/entrez/query.fcgi>, is not mirrored by
the major OSH databases HSELINE, CISDOC, NIOSHTIC and their host
OSHROM <http://www.ovid.com/>. A notable exception to the rule is
the database Toxline that can be accessed via the National Library
for Medicine <http://toxnet.nlm.nih.gov/>.
Disseminating Information
-------------------------
OSH information is vital for a number of different user groups. A
major challenge to the information professional providing electronic
resources is to ensure that resources are appropriate for the
audience. Four major user groups needing OSH information can be
identified: information for researchers; guidance for managers and
inspectors; information for supervisors and specialists; and
information for workers. This problem is particularly apparent for the
latter two groups, as much available information is highly technical
and specialised. Paradoxically, it is the most specialised information
such as the Health and Safety Executive's (HSE) research reports in
the UK <http://www.hse.gov.uk/research/publish.htm> and the National
Institute for Occupational Safety and Health (NIOSH) technical
documents <http://www.cdc.gov/niosh/homepage.html> that are freely
available on these organisations' websites. The technical nature of
information can act as a barrier to concerned individual workers and
their representatives. Conversely, in the UK whilst access to short
publications and leaflets is available via the HSE website
<http://www.hse.gov.uk/pubns/index.htm> a majority of the detailed
guidance is only available electronically via the priced HSE Direct
database.
The Changing Face of OSH
------------------------
Finally, returning to the issue of subject scope, another challenge
facing the information professional is the fact that the very nature
of the subject is constantly changing due to global changes in working
patterns. Herrick and Stewart (1999) argue that, "Any summary of
information sources for occupational safety and health is quickly
rendered out of date by the rapidly changing nature of the field."
Traditionally, OSH information resources have been based mainly around
industrial health and safety. For example, OSH databases such as
NIOSHTIC and HSELINE focus heavily on chemical hazards and industrial
accidents. However, the growth of white-collar employment has not been
adequately reflected in OSH resources. A case in point is ergonomics.
Issues such as the use of display screen equipment and
repetitive strain injury (RSI) have limited coverage on OSH electronic
resources. Equally, specific risks associated with child, women and
migrant workers are under-represented on OSH databases. It is worth
noting that despite growing concern for the welfare of Asian and
Hispanic workers in Europe and the US, there is little information
published in their indigenous languages.
A Pivotal Role for the Information Professional
-----------------------------------------------
In conclusion, given the multi-faceted changing nature of the subject,
the cost of quality resources and the plethora of on-line information
of variable quality, the role of the information professional in
disseminating OSH information is a crucial one. There is no central
gateway of resources in the field comparable to services for medicine
and general health, such as the NHS Electronic Library for Health
<http://www.nelh.nhs.uk/> and OMNI <http://omni.ac.uk/>. Much of the
quality information in the field comes at a substantial financial
cost. The researcher is well catered for by specialised databases such
as OSHROM, HSE Direct and others if they are willing to pay for the
services. However, it is sometimes difficult for workers and their
safety representatives to access relevant easily understandable
information freely. Unfortunately, such people are unlikely to have
available funds to access costly subscription services giving full
text information. This means the role of the information professional
in searching for, selecting and reviewing resources is vital.
Whilst there is a wealth of largely free information available online,
the information professional has a vital role to play in disseminating
information to a disparate audience.
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Paul Verlander is an information specialist at the UK Health and
Safety Executive, the UK regulator for health and safety at work and
is part of a team of information specialists producing the HSELINE
database. He is a recent graduate of Liverpool John Moores University
in Information Management.
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Related FreePint links:
* 'Healthcare and Medicine' articles and resources in the FreePint
Portal <http://www.freepint.com/go/c227>
* Post a message to the author, Paul Verlander, or suggest further
resources at the FreePint Bar <http://www.freepint.com/bar>
* Read this article online, with activated hyperlinks
<http://www.freepint.com/issues/190204.htm#feature>
* Access the entire archive of FreePint content
<http://www.freepint.com/portal/content/>
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What is the ResourceShelf?
<http://www.resourceshelf.com>
ResourceShelf is a free daily update containing news of interest
to information professionals around the world.
Topics include the latest news with web search engines, research
tips, new web resources, and much more.
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FREEPINT BOOKSHELF
<http://www.freepint.com/bookshelf>
"Developing Web-Based Instruction - Planning, Designing, Managing
and Evaluating for Results"
Edited by Elizabeth A Dupuis
Reviewed by Stephanie Taylor
Web-based instruction is one of the hot topics of the moment. It
offers the promise of minimising cost, maximising expertise and
improving services. The attraction to budget handlers, information
professionals and users is obvious. And the combination of the online
format and instructional content means this is going to end up in the
in-tray of the information professional.
This book aims to be the handbook of choice for just that occasion. It
covers everything - from the initial proposal through planning and
design to managing the service and final evaluation. First impressions
were - too much detail! I just wanted to cut to the design/development
information. Then I realised that was exactly what I could do.
The book is designed with its feet firmly on the ground, and the
three clear sections -- 'Planning and Management', 'Evaluation and
Assessment' and 'Design and Development' -- meant I could get to where
I wanted quickly and easily. Each chapter is written by someone with
practical experience in the area they are writing about. This shows.
I didn't get that suspicious feeling I sometimes have with practical
guides that I'm only being told about the bits the author knows about.
Chapters are thoughtfully organised for quickly dip in and out of. If
you're an expert in one area, you can easily skip that bit to
concentrate on the areas you need help with. That said, the advice is
well thought out, and acts as a neat reminder of areas you thought you
were an expert in, with useful hints, tips and new perspectives.
As I read on, I was impressed that the reality of the modern
information workplace was central to the book. The need to push for
new services, operate on limited budgets and time, and snatch expert
input from busy colleagues were all dealt with. A project is treated
as a holistic venture that needs to begin with a proposal for time
and resources and end with an assessment report to stakeholders. This
is a guide to unlock ideas and transform them into a working service.
What I'd thought was superfluous information proved to be essential to
the success of a project.
Advice is backed up with practical examples and the emphasis is always
on the practical. Difficult question are asked - such as whether the
web is the best medium for your users or not - the kind of things that
make the difference between success and failure. The design section
focuses on the foundations of good design and interactivity. It
doesn't get bogged down in details that are not only irrelevant to the
non-techies but are out of date in six months.
The only flaw was a tendency to liberally scatter the text with
foot-noted references. This seemed out of step with the generally
practical tone of the book and rather distracting. I appreciated the
resources sited, but would have preferred a comprehensive bibliography
for each chapter.
That is a small quibble, though. If you find yourself thinking big,
online thoughts over a couple of Christmas drinks with your
colleagues, put this book on your wish list. By this time next year,
you could be offering a new or improved service to your users.
> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Stephanie Taylor is a project manager with Fretwell-Downing Informatics,
a library solutions technology company. Her previous experience includes
working in academic libraries and electronic library management, document
delivery and inter-library loans. She can be contacted at
<stephanie.taylor@fdisolutions.com>.
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FEATURE ARTICLE
<http://www.freepint.com/issues/190204.htm#feature>
"Legal Issues For Information Professionals. How UK Copyright Law
Has Changed With The EU Directive"
By Charles Oppenheim
The Copyright and Related Rights Regulations 2003
<http://www.hmso.gov.uk/si/si2003/20032498.htm> came into force at the
end of 2003. This Statutory Instrument updates the UK Copyright
Designs and Patents Act 1988 and implements an important EU Directive
that attempted to bring copyright law up to date.
The text of the original CDPA can be found at
<http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880048_en_1.htm>. It is
worth stressing however, that the text takes no account of the changes
implemented by the Statutory Instrument. The CDPA is a lengthy and
complex document, and is a useful cure for insomnia. In this brief
article, I review the major implications of the Regulations for
library and information professionals.
Communication to the Public Right
---------------------------------
Placing material on an Intranet without the copyright owner's
permission is an infringement of this right, even if few people have
access to the Intranet. This right was already implicitly present in
the CDPA. The new restricted act is defined as broadcasting the work
or making the work available to the public by electronic transmission
in such a way that members of the public may access it from a place
and at a time individually chosen by them. The outstanding question
that remains is: what constitutes the public? I understand that a
small sub-set of the public will indeed be considered to be the
public.
Making Temporary Copies
-----------------------
As required by the Directive, there is a new clause to the CDPA that
states that the making of a temporary copy that is transient,
incidental, is integral to a technological process, has no economic
significance and is done solely for onward transmission of the work or
to lawfully use the work is not infringement. This right only applies
to literary, dramatic, musical or artistic works, a sound recording, a
film or a published edition, and does NOT apply to databases or
computer programs. The implications for this exception not applying
to databases or computer programs are unclear.
Fair Dealing for Research or Private Study
------------------------------------------
This exception is reduced to fair dealing only for research for a non-
commercial purpose, or for private study. Elsewhere, private study is
now defined as NOT including any study which is directly or indirectly
for a commercial purpose. I do not think this was a requirement of
the Directive. This could have significant implications for those
undertaking private study with a view to gaining money in the future.
There is also a new obligation that sufficient acknowledgement is
required unless it is impractical. This forces people to use good
citing habits! I have commented elsewhere
<http://www.managinginformation.com/copyright_difficulties2.htm> on
what I guess would be regarded as commercial or non-commercial
purposes.
Fair Dealing for Criticism of Review
------------------------------------
The CDPA has been amended to only allow this exception provided that
it is accompanied by sufficient acknowledgement and provided that the
work has been made available to the public. It then defines 'made
available to the public' as issuing copies to the public, making the
work available by an electronic retrieval system, rental or lending of
copies to the public, performance or communication to the public. Two
issues are raised here. Firstly, one cannot any longer do fair
dealing for criticism or review of an unpublished work, a change which
will affect scholars; secondly, making the work available by means of
an electronic retrieval system gives no indication that the
availability has to be to the public. Presumably, common sense will
prevail on this latter point, and the setting up of a private IR
system would not be considered making available to the public.
Copying by Librarians
---------------------
Copies for patrons now may only be made for research for non-
commercial purposes, or for private study (which has also to be non-
commercial). However, other exceptions for librarians, including
supply of copies to other libraries and replacement copies of works
for preservation, are unchanged. The standard declaration form also has
to be changed. Also, the charges for one library supplying another
(whether document supply or preservation copies) change slightly.
Instead of the library supplying the copy charging not less than the
cost for production, it must now charge precisely the cost of
production. However, copying for patrons remains as at present,
i.e., a charge not less than the cost of creating the copy. The new
definition of private study is not referred to in the proposed changes
to the declaration form, and it is up to a librarian to decide whether
to (i) ignore the matter and assume patrons will know the new law,
(ii) change the wording of the declaration itself, or (iii) add a
footnote on the declaration regarding what private study now means. My
own recommendation would be (iii).
Circumvention of Protection Methods
-----------------------------------
It becomes an offence if someone manufactures for sale or hire,
imports, distributes, sells, hires, advertises or has in his
possession for commercial purposes any means whose sole intended
purpose is to facilitate the unauthorised removal or circumvention of
a technical device attached to software. It is also an offence if he
publishes information to enable or assist someone to remove or
circumvent the device - but only if knew, or had reason to believe,
that this would result in infringing copies being made. This offence
is deemed equivalent to copyright infringement, with the same
potential penalties. 'Technical device' is defined as something
intended to prevent or restrict acts on the program not authorised by
the copyright owner and which are acts restricted by copyright.
A person who deliberately circumvents a technical device to protect
copyright works that are not software can be sued as if he had
infringed. Similarly, a person who manufactures for sale or hire,
imports other than for his private domestic use or sells, offers for
sale or hire, advertises, possesses or distributes in the course of
business, or distributes other than in course of business but
prejudicially affects the copyright owner, anything which is primarily
designed for the circumvention of technical devices, commits an
offence. The guilty party is liable to criminal proceedings as well
as being sued for copyright infringement.
What, however, if the lawful user is prevented from accessing material
he or she would have been permitted in the past to access under fair
dealing because of a technical device? The interested party, or a
representative of a class of persons, can make a complaint to the
Secretary of State that they cannot carry out a permitted act due to a
technological measure. The Secretary of State may then give
directions to the copyright owner that he makes available to the
complainant the means of carrying out the permitted act. It shall be
the duty of the copyright owner to comply with the directions given by
the Secretary of State, and failure to do so is actionable.
This sounds complicated enough, but to add to users' problems, if
there is a voluntary licensing scheme allowing people to carry out the
relevant permitted act, they cannot appeal to the Secretary of State.
It is not clear whether such a voluntary scheme can be charged for; if
it can be, and whether the charge is excessive or not, in practice the
copyright owner has avoided any problem under this part of the new
law. None of this in any case applies to copyright works made
available to the public on agreed contractual terms in such a way that
members of the public may access the works at a time and place
individually chosen by them. This seems to include standard online
licences. So in practice, it may be very difficult for people to
exercise fair dealing exceptions if the technical device stops them
getting access to copyright materials. The way the SI is worded
appears to me to contradict the intention of the Directive (which was
more generous to users) and it could be that someone will challenge
the wording of the SI at some stage.
Rights Management Information
-----------------------------
It becomes copyright infringement if someone knowingly and without
authority removes or alters rights management information where by
doing so he is inducing, enabling or concealing infringement (i.e.,
information stating who owns the copyright, such as (c) Charles
Oppenheim, 2004. All rights reserved.) It also becomes infringement to
knowingly and without authority distribute, import or communicate to
the public copies of as work from which such rights management
information has been removed or altered.
Internet Service Providers
--------------------------
They can have an injunction against them if they have actual knowledge
of another person using their services is infringing copyright. In
particular, they would be considered to have actual, knowledge if a
copyright owner had informed them that infringement had taken place.
Conclusions
-----------
The changes in the law are complicated and in some places
controversial. Time will tell how much users take note of the
commercial/non-commercial distinction and how copyright owners react
to any alleged infringements, or what sorts of licences they offer for
commercial copying. The question of bypassing technical devices is
likely to cause headaches in the future as well. To add to the
problems, the CDPA as a document is now a dreadful mish-mash of
numbering, sub-numbering, lettering, etc. It is high time it was
completely re-numbered. This is done routinely for complex pieces of
legislation such as the Companies Act, and it is puzzling that no such
effort has been done for the CDPA.
Disclaimer: It should be stressed that this article simply represents
my personal opinions and should not be construed as legal advice
C. Oppenheim, Legal issues for information professionals: some recent
developments, Information Services and Use, 1991, 11, 73-85.
S. Ellis and C. Oppenheim, Legal issues for information professionals
II: Data Protection and the media: background to the Data Protection
Act and the EC Draft Directive on Data Protection, Journal of
Information Science, 1993, 19, 85-97.
S. Ellis and C. Oppenheim, Legal issues for information professionals
III, Attitudes to data protection amongst UK media librarians, Journal
of Information Science, 1993, 19, 99-117.
C. Oppenheim, Legal issues for information professionals IV: The
legal issues associated with Electronic Copyright Management Systems,
http://ukoln.bath.ac.uk/ariadne/issue2/copyright/ (March 1996).
M.A. Blackstock and C. Oppenheim, Legal issues for information
professionals V: Freedom of Information, Journal of Information
Science, 1999, 25 (4), 249-264.
C. Oppenheim, Legal issues for information professionals VI: copyright
issues in digitisation and the hybrid library, Information Services
and Use, 2000, 20 (4), 203-210.
> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Charles Oppenheim has been Professor of Information Science at
Loughborough University since 1998
<http://www.lboro.ac.uk/departments/ls/staff/coppenheim.html>. He is
Project Director of the Library and Information Statistics Unit (LISU)
and has been involved in legal issues in information work since the
mid 1970s. He is author of "The Legal and Regulatory Environment for
Electronic Information" (Infonortics, 2001) and the regular "Lislex"
column in the Journal of Information Science. Charles is an Honorary
Fellow of the Chartered Institute of Library and Information
Professionals. He is a member of the Legal Advisory Board of the
European Commission. He was the Specialist Advisor to the House of
Lords' Inquiry into the Information Superhighway. His publishable
hobbies include collecting interesting T shirts.
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