Re: CCC AAS License Coverage

From: jamie wodetzki <jwodetzk[_at_]nla.gov.au>
Date: Mon, 2 Oct 1995 13:16:47 +22303754 (EET)

On Thu, 28 Sep 1995, Bruce Bertram wrote:
>
> A large company (>500 employees) has an Annual Authorizations Service
> (AAS) license with CCC. The company has a large library. From time to
> time an employee requests a copy of an item not found in the company's
> library. The company obtains the copy through a document delivery
> service (DDS), and, included in the fee to the DDS is a royalty payment
> for the single transaction.
>
> Query: If the item obtained from the DDS is listed in Schedule A, and
> therefore would have been covered under the AAS license if the company
> had the item in its library, is the company obligated to pay the royalty
> for the single transaction to the DDS?

No. The DDS has paid a royalty for the supply of a single copy, so why pay a second time under the AAS?

> Alternatively, may the DDS claim
> coverage for the item under the company's license since the copy is
> for the company, and the DDS is acting as the company's agent?

In theory it could, but the company would need to constitute the DDS its agent when requesting the document and warrant that permission to make that copy (subject to a fee payable under the company's AAS licence) had been obtained.

> Another query: If a DDS has a license with CCC, either AAS or a
> Transactional Reporting Service (TRS), may the DDS license cover not
> only the copies the DDS makes/obtains for its clients off the clients'
> sites, but also cover all the copies the clients make for themselves
> onsite, thereby relieveing the client of the obligation to obtain a
> separate license? Assume the DDS honestly and accurately reports to
> the CCC the scope of its copying activities and that of its clients.

This would appear very cumbersome. Surely the company would be better getting an AAS licence.

These are just some comments from someone who is currently engaged in negotiations for commercial DDS licensing in Australia. The actual technical answer may well depend on what the relevant licences say. Ask the CCC. No doubt they will answer to the list in any case.

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Jamie Wodetzki <j.wodetzki[_at_]nla.gov.au> No responsibility is taken Copyright Research Officer, ACLIS for damage or harm arising Secretary, Libraries Copyright Committee from reliance on comments List moderator <copy-lib[_at_]nla.gov.au> made by me in this context

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Received on Mon Oct 02 1995 - 03:30:25 GMT