Re: Comment on Feist

From: Laura N. Gasaway <unclng[_at_]email.unc.edu>
Date: Mon, 24 Feb 1997 11:40:41 -0500 ()

On Sat, 22 Feb 1997, Ralph D. Clifford <rdc[_at_]world.std.com> wrote:
>
> On Thu, 20 Feb 1997, Ruth Dukelow <dukelow[_at_]mlc.lib.mi.us> wrote:
> >
> > On another listserv, there has been some discussion of whether library
> > cataloging records can be freely downloaded from online library catalogs
> > and used by other libraries without copyright infringement. Have there
> > been any cases specifically deciding whether library cataloging records
> > can be protected by copyright ("sweat of the brow") or whether the
> > bibliographic information is merely factual? If not, what do you all
> > think about copyright protection of cataloging records? This is becoming
> > a big issue for libraries, because more and more libraries are making
> > their online catalogs freely accessible through the World Wide Web. I'm
> > looking forward to hearing what you have to say. Thanks.
>
> You would have to look at the aspect of the catalog card you are
> talking about. If you are addressing the list of books in a library,
> i.e. the author or title listing, then Feist would seem to apply.
> There doesn't seem to be much creativity in listing all of the books
> in a library's collection in alpha order.
>
> Where protection of the copyright laws could be claimed is in the
> subject-oriented information in a typical library catalog. The process
> of summarizing the meaning of a book into a one word description would
> clearly demonstrate the minimal creativity required for copyright
> protection. As call numbers are a reflection of the subject matter
> covered by a book, it may be possible to claim a copyright in that
> designation, too (assuming that the library creates their own call
> numbers and doesn't get them from OCLC).

     I think Ralph hit the first part of the nail on the head. However, libraries do most often use the classification number from LC which it may then augment. It also uses LC subject headings which are pre-assigned most often.

     So, how much creativity is left? There are very strict rules on how books must be described, the fields into which the information must be entered for OCLC, etc.

Lolly

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Laura N. Gasaway			Phone:  919-962-1049
Director of the Law Library &
	Professor of Law		Fax:	919-962-1193
CB # 3385
University of North Carolina		e-mail: laura_gasaway[_at_]unc.edu

Chapel Hill, NC 27599 Received on Mon Feb 24 1997 - 16:46:23 GMT