SECTION 1 Introduction

Copyright is a property right which subsists in virtually every kind of work (written, printed, electronic).

Copyright protection is automatic, giving control of the right of copying to the authors/creators or to their assignees/transferees.

Copying of a copyright work (including storing or reproducing it electronically) is in principle, a copyright infringement, but there are various exceptions which allow copying.

1.1 Copyright legislation

Copyright legislation in relation to digitized material has not yet been established in many countries with exception of the Nordic Countries , US and Japan . The concept of fair dealing for research or private study may not apply in the same way to digitised materials as it does to print. International Organizations (WIPO) as well EC are working to this direction.. The legal position might become clearer with the implementation of the European Union directive on harmonization of certain aspects of copyright and related rights in the information society.

1.2 Copyright Licensing Agencies. Collective Rights Organizations

In case there is no exemption from liability for infringement, and the work has not been licensed for used online, permission is needed from Collective Rights Organizations CRO aid both owners and consumers, at least with respect to the photocopying of print materials (and moving into the electronic reproduction of materials). Copyright collectives around the world help ensure owners are compensated for the use of their works while providing consumers with quick (and usually immediate) access to these works at a reasonable fee.

1.3 Electronic Copyright Management System (ECMS)

The term "ECMS" has rapidly gained popularity in the last few years. ECMS, which stands for Electronic Copyright Management System, is a generic term for systems in which copyrights are cleared electronically when works are to be exploited.
Works are intangible by nature. Thus, a work can exist and simultaneously be exploited in many locations (the "ubiquity" of works). But in order to exploit a work, its copyright must be cleared. ECMS is the system that carries out copyright clearance electronically.

1.4 Guidelines for electronic fair dealing

These guidelines are applicable to the higher education community. They cover viewing, printing, storing and transmission of electronic publications.

References

http://www.copyright.com/

http://www.ukoln.ac.uk/services/elib/papers/pa/

http://www.patent.gov.uk/copy/tribunal/uuklicence.pdf

http://clea.wipo.int

http://www.cric.or.jp/cric_e/cuj/cuj99/cuj99_3.html

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