Current Liblicense Archive - Re: Copyright Year Question

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LIBLICENSE-L Home

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LIBLICENSE-L  June 2013

LIBLICENSE-L June 2013

Subject:

Re: Copyright Year Question

From:

LIBLICENSE <[log in to unmask]>

Reply-To:

LibLicense-L Discussion Forum <[log in to unmask]>

Date:

Sun, 9 Jun 2013 13:27:31 -0400

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text/plain (94 lines)

From: Ellen Finnie Duranceau <[log in to unmask]>
Date: Fri, 7 Jun 2013 13:26:37 +0000

About penalties for mislabeling copyright, I thought section 1202 of
US copyright law did include such penalties. See:

http://www.copyright.gov/title17/92chap12.html#1202

and particularly

 1202 . Integrity of copyright management information3

(a) False Copyright Management Information. - No person shall
knowingly and with the intent to induce, enable, facilitate, or
conceal infringement -

(1) provide copyright management information that is false, or

(2) distribute or import for distribution copyright management
information that is false.

and for the penalties:  Communications Act of 1934 (47 U.S.C. 522).  
1203 . Civil remedies4

(a) Civil Actions. - Any person injured by a violation of section 1201
or 1202 may bring a civil action in an appropriate United States
district court for such violation.

(b) Powers of the Court. - In an action brought under subsection (a),
the court -

(1) may grant temporary and permanent injunctions on such terms as it
deems reasonable to prevent or restrain a violation, but in no event
shall impose a prior restraint on free speech or the press protected
under the 1st amendment to the Constitution;

(2) at any time while an action is pending, may order the impounding,
on such terms as it deems reasonable, of any device or product that is
in the custody or control of the alleged violator and that the court
has reasonable cause to believe was involved in a violation;

(3) may award damages under subsection (c);

(4) in its discretion may allow the recovery of costs by or against
any party other than the United States or an officer thereof;

(5) in its discretion may award reasonable attorney's fees to the
prevailing party; and

(6) may, as part of a final judgment or decree finding a violation,
order the remedial modification or the destruction of any device or
product involved in the violation that is in the custody or control of
the violator or has been impounded under paragraph (2).

I'd be happy to be corrected if I'm missing something here, which is
quite possible.
Ellen Duranceau

__________________

Ellen Finnie Duranceau
Program Manager, Scholarly Publishing and Licensing
MIT Libraries
P 617 253 8483
[log in to unmask]
http://libraries.mit.edu/scholarly


-----Original Message-----
On Wed, Jun 5, 2013 at 5:12 PM, LIBLICENSE <[log in to unmask]> wrote:

> From: Dr. J.K. Vijayakumar <[log in to unmask]>
> Date: Wed, 5 Jun 2013 12:13:44 +0300
>
> This might have discussed here before, extremely sorry if I am duplicating.
>
> I am seeing some publishers already started publishing their books
> with copyright year 2014. Interestingly these titles are available in
> print to purchase right away, but not included in ebook package for
> 2013.
>
> Libraries paid for the 2013 ebook package, will have access to titles
> with 2013  as copyright year only. If some one want that 2014 title
> now, buying print is the only option, then off course duplicate with
> 2014 package next year.
>
> Do you see a very tricky strategy here? Can publishers publish books
> with CR 2014 now, we have just completed 5 months of 2013!!
>
> --
> J. K. VIJAYAKUMAR,
> Acting Manager, Library Research & Reference, Senior Science &
> Technology Specialist Librarian, King Abdullah University of Science &
> Technology, Saudi Arabia

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