I would also add that in cases where a book is published in both US and Israel, US law may take precedence which would make things even more complex.
Yakov On Tue, Feb 19, 2013 at 4:50 AM, Esther Guggenheim <[email protected]> wrote: > The NLI Counsel's office responds as follows: > > > > In general, even if the book is out of print, if it is protected under > copyright it can be used in accordance with "fair use" provisions (which > would cover certain educational use), however it cannot be republished > without the consent of the rights holder. The time after death of the > creator is the determining factor, not the publication status of the work. > In Israel, that time period is December 31st of the 70th year following the > author's death. If you know the book is in the public domain (meaning the > copyright protection period in the work has expired), its use is not > restricted. > > > > There is no closed definition of educational use in the "fair use" Section > (19) of the Copyright Law-2007. The terms used are "self-study", which > refers to study on the individual level and not for a large group, > "research" and "testing or being tested in an educational institution" (in > this last case the use is by the educational institution). It is impossible > to analyze all factors in detail in this framework and without knowing the > particulars of a case, but in general a fairness test is employed, > considering the purpose of the use, the work being used, the scope of the > use from a qualitative and quantitative perspective and the effect of the > use on the value of the work and its potential market. It is true in this > context that courts would be less likely to rule that these provisions have > been violated with an out of print, older book that does not have great > commercial value, than with a newer book on the bestseller lists. Another > point raised by Israeli scholar Tamir Afori is that if the public interest > can be served by using only portions of a work rather than the whole work, > this is preferable. With respect to fairness of use and the economic > ramifications of the use in our case, Afori suggests balancing the effect of > the use on the economic value of the work, versus the value to the public of > such use. Therefore, if using the work entails costly efforts to try to > locate the rights holder, thereby creating an impediment to a beneficial use > of the work, the law might see this as a mitigating factor. > > > > In summary, the reproduction of an entire copyright-protected book that is > out of print, for educational purposes on a group scale (as opposed to > individual study) is generally not permitted, and attempts should be made to > locate the rights holder. However, mitigating factors such as the above > might cause the courts to consider the use fair, and exempt the user from > liability, especially in a case where it would be very costly or impossible > to locate the rights holder. > > > > It is important to clarify that the above summary does not constitute legal > advice. Neither NLI nor its counsel assume any liability for the reliance of > any party on the aforegoing and anyone wishing to make use of any work must > first seek out the appropriate legal advice and/or perform the appropriate > checks with respect to the rights therein. > > > > > > > > From: [email protected] > [mailto:[email protected]] On > Behalf Of Wendie Sittenfield > Sent: 08 February, 2013 17:16 > To: [email protected] > Subject: [ha-Safran] Israeli copyright for out of print books in an > educational setting? > > > > Dear Safranim, > > Does anyone know if the Israeli copy right laws allow out of print books to > be used published using I Author for educational purposes? > > Thank you in advance for your assistance. > > > > Wendie Sittenfield > Head Librarian > Jack M. Barrack Hebrew Academy > 272 S. Bryn Mawr Avenue > Bryn Mawr, Pa 19010 > > > > Click here to report this message as SPAM > -- Powered by ATERA Networks -- > > > > > __ > Messages and opinions expressed on Hasafran are those of the individual > author > and are not necessarily endorsed by the Association of Jewish Libraries > (AJL) > ================================== > Submissions for Ha-Safran, send to: > [email protected] > To join Ha-Safran, update or change your subscription, etc. - click here: > https://lists.service.ohio-state.edu/mailman/listinfo/hasafran > Questions, problems, complaints, compliments send to: [email protected] > Ha-Safran Archives: > Current: > http://www.mail-archive.com/hasafran%40lists.service.ohio-state.edu/maillist.html > Earlier Listserver: > http://www.mail-archive.com/hasafran%40lists.acs.ohio-state.edu/maillist.html > AJL HomePage http://www.JewishLibraries.org > -- > Hasafran mailing list > [email protected] > https://lists.service.ohio-state.edu/mailman/listinfo/hasafran > __ Messages and opinions expressed on Hasafran are those of the individual author and are not necessarily endorsed by the Association of Jewish Libraries (AJL) ================================== Submissions for Ha-Safran, send to: [email protected] To join Ha-Safran, update or change your subscription, etc. - click here: https://lists.service.ohio-state.edu/mailman/listinfo/hasafran Questions, problems, complaints, compliments send to: [email protected] Ha-Safran Archives: Current: http://www.mail-archive.com/hasafran%40lists.service.ohio-state.edu/maillist.html Earlier Listserver: http://www.mail-archive.com/hasafran%40lists.acs.ohio-state.edu/maillist.html AJL HomePage http://www.JewishLibraries.org -- Hasafran mailing list [email protected] https://lists.service.ohio-state.edu/mailman/listinfo/hasafran
