To disclaimer or not to disclaimer?

[Eric Schnell]

At 07:59 AM 6/29/99 -0700, you wrote:
>
>Recently some of my co-workers and I have been debating a "disclaimer" issue
>about our library home page. Should we add some disclaimer about copyright
>to links to other databases? 

> The idea is that stating something like  "You are now leaving XYZ Library's
>homepages. The library is not responsible for you observing the copyright
>restriction of Whozit's databases"  will prevent Whozit's from holding the
>library responsible for John or Jane Doe's unethical actions. So if John or
>Jane Doe uses our link to Ovid or FirstSearch to somehow start downloading
>and selling their data, the disclaimer would protect our library from legal
>responsibility. 


Denise, 

  I also agree that you do need to consult your local council since they
ultimately would have to deal with any legal action.  However, I feel (and
this
is not legal advise) a disclaimer as you are describing it is not needed. 
There is little reason to be concerned that your library would be liable for
any copyright infringement performed by your patrons.  I always try to
think in
terms of print when it comes to copyright issues. While not a perfect
approach,
it is a good frame of reference.  

If a patron were to come into the library and print off 100 copies of an
article from your collection and sold them for a profit, would you feel your
library would be liable? 

Besides, The Digital Millennium Copyright Act (Pub L. 105-304 available from
AGO Access) may protect libraries when it states: "in the case of a nonprofit
library, archives, or educational institution, the court shall remit
damages in
any case in which the library, archives, or educational institution sustains
the burden of proving, and the court finds, that the library, archives, or
educational institution was not aware and had no reason to believe that its
acts constituted a violation."




 

 

 
 
  
Eric Schnell
Assistant Professor
Head, Automation Services
Prior Health Sciences Library
The Ohio State University
schnell.9 at osu.edu / 614-292-4870
http://bones.med.ohio-state.edu/eric.html