Klarheit im Ausland
Met dank aan het NUV: “22 publishers have reached an agreement with the document delivery service Subito on the delivery of journal articles into non-German speaking countries.
The agreement provides for a fixed-fee for deliveries to other libraries, and for individually set fees (depending on publisher and journal) for deliveries to end users; when delivering documents by email, Subito and its partner libraries are to use DRM to limit the possibility of misuse.
The licensing agreement does not cover deliveries to libraries or end users in German-speaking countries (Germany, Switzerland, Austria, Liechtenstein).
The agreement touches on some of the aspects covered by the judgement of a Munich regional court issued in January 2006. This court had ruled that the delivery of documents to libraries (in- and) outside Germany was not permitted under German copyright law.
With regard to deliveries by Subito to end users (i.e. not libraries) in non-German speaking countries, the court had asked the parties to further substantiate their reasoning as the legality of such a service would depend on the copyright laws of the receiving country. All parties to these legal proceedings decided to appeal this court ruling. The recent agreements are unlikely to have a direct effect on the appeals, they show, however, that licensing agreements between publishers and Subito are possible and a practicable solution.” (via de IPA)
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