RE: Qestions on copyright and IP rights!

From: GROVES Peter <PeterGROVES[_at_]bdb-law.co.uk>
Date: Thu, 28 Aug 2003 14:09:32 -0400


Rental and lending of copyright works is something that (generally) the copyright owner can control in the UK. The same will (broadly) be true in the European Community because the basic proposition comes from a directive. There are exceptions, for example for public libraries where the public lending right applies. However, this law has no application in India and if your activities are restricted to your home country you need not concern yourself with what other countries' laws say: it might however be relevant because India might have legislation based on ours - I'd be interested to learn whether that is the case. If it is, I imagine you might well find that you are prevented from lending out these books.

Peter Groves
Bircham Dyson Bell, 50 Broadway, London SW1H 0BL Direct line 020 7170 0327

-----Original Message-----
From: Krish Chandra [mailto:krish_chandra[_at_]yahoo.com] Sent: 28 August 2003 16:01
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Qestions on copyright and IP rights!

Hi,
I would like to get the opinion of knowledgeable people who often visit this site and discuss topics on copyright and related issues.

I am sending this e-mil from India. I am planning to start my own venture and the model I would like to follow is:

I would like to buy (legally) books on Information Technology and rent them (for a fee of 10-15% of the original price) to the subscribers of my service. I would also like to charge them a fixed annual subscription fee so as to enable me to raise capital. I also want to craete a website and subscribers can access it to get information on stocks, new arrivals, reservations, and other related information.

I have the following nagging doubts/questions about the venture:

  1. Is it legal?
  2. Does this business model violate any international copyright and IP rights laws?

I have searched the web for some information on copyright laws and have become familiar with the first sale doctrine. Yet, the above doubts are still lingering in my mind.

I know online bookstores that sell books. But, I haven't heard of or seen any lending/circulating library that is doing legal business.

If Lending libraries are not in existence, I can think of two possible resons:
1. Violation of copyright, if at all.
2. It is economically not viable to run a business on this model.

I am confused as to which of the above is true. Please clarify my doubts. Thanks!

Appreciate it!
Krish Chandra



Do you Yahoo!?
Yahoo! SiteBuilder - Free, easy-to-use web site design software http://sitebuilder.yahoo.com
#############################################################
This message is sent to you because you are subscribed to   the mailing list <CNI-COPYRIGHT[_at_]cni.org>. To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org> To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org> To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org> To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org> Send administrative queries to <CNI-COPYRIGHT-request[_at_]cni.org>

Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>.



This email is sent from the offices of Bircham Dyson Bell, a full list of whose partners is available for inspection on request. 50 Broadway, London, SW1H OBL, UK

Bircham Dyson Bell is regulated by the Law Society.

WARNING - This email and any files transmitted with it are confidential and may also be privileged. If you are not the intended recipient, you should not copy or use any part of it or disclose its contents to any person.

If you have received it in error please notify our system manager immediately on +44 20 7227 7000.


Received on Thu Aug 28 2003 - 22:09:32 GMT

This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:50 GMT