Re: Transmissions

From: Bernard Katz <bkatz[_at_]uoguelph.ca>
Date: Tue, 10 Mar 1998 19:49:45 -0500 (EST)

On Mon, 9 Mar 1998, Tyler Ochoa <tochoa[_at_]law.whittier.edu> wrote:
>
> To the cni-copyright list: The following is a posting from a member
> of the list who wishes to remain anonymous. Any thoughts? [snip]

This is a very interesting argument, but one that smacks of angels on the head of a pin. There should be no confusion between "broadcasting" information and transmitting it when a users seeks it. In the first instance the potential end-user is not involved and the sender is certainly active. However, even when "transmit" is understood as seen by the originator of the comments, the sender cannot be passive -- once the request is received by the sender and acted upon. How can that be "passive"? Indeed, as I understand this, whoever is responsible for fitting up the sender with the information also can be perceived as authorizing the transmission. In Canadian law, only the copyright holder (or legal agent) can authorize an act which is exclusive to the owner. As for broadcasting, I think there has been a thread on the list about it already.

Cheers,

Bernard Katz, Head, Special Collections and Library Development

              McLaughlin Library, University of Guelph, Guelph, Ontario
          and Chair, Ontario Library Association COpyright Task Force

bkatz[_at_]uoguelph.ca // (519) 824-4120 X2089 // FAX: (519) 824-6931 Received on Wed Mar 11 1998 - 00:49:53 GMT