Cross-posted to CALL-L and LAW-LIB. My apologies for duplication.
A few weeks ago I posted a request for references to articles, books,
etc., that dealt with copyright issues as they relate to CD-ROM network
licensing.
I promised to post the results and here they are.
The following is an annotated bibliography of sources on the topic of
copyright issues related to CD-ROM network licensing agreements. There
has not been very much written on this topic, so I have included articles
in which the subject is discussed to some extent, but in which it is not
the main topic.
The references are arranged, more or less, in the order of how relevant
and or useful I think that they are to the topic.
CD-ROM LICENSING AND COPYRIGHT ISSUES FOR LIBRARIES. Edited by
Nancy Nelson and Meta Nissley. Westport, CT: Meckler, 1990.
ISBN 0-88736-701-1, (U.S.) $34.95
For a full evaluation of this title by an expert in the area, see the
review of it by Canada's own CD-ROM guru and Professor at the University
of Western Ontario's School of Library and Information
Science, Paul Nicholls, in Canadian Law Libraries, vol. 16(1), February
1991, p. 25.
This book deals with all aspects related to the topic: CD-ROM licenses and
licensing issues; the application of U.S. copyright
law and other legal considerations related to information technology; and,
site licensing versus other types of licenses. Includes sample licenses
from various vendors. Nicholls ultimately proclaims it "a very good
book". That's good enough for me.
"CD-ROM Licenses: What's in the Fine or Nonexistent Print May
Surprise You." By Mary Brandt Jensen. The CRIV Sheet,
vol.15(3), March 1993, p. 9.
An excellent examination of the different types of licensing agreements
used by various major CD-ROM vendors. Deals with such topics as: is it a
license or a sale?; term and termination of the agreement; control of the
disks and software; backup copies and warranties; downloading and other
forms of copying parts of the product; and, multiple user restrictions and
LAN issues. Please note that this is reprinted from an article which was
originally published in March of 1991 in CD-ROM Professional (formerly
Laserdisk Professional).
"Networking CD-ROMs to End Users in a Campus Environment." By
Laurie E. Stackpole. Specialist, vol. 17(7), July/August 1994,
p. 9.
A brief and excellent overview of network licensing issues.
"DEC Ponders Software Licensing Strategy." By Bert Latamore.
Digital News & Review, vol. 9(23), December 7, 1992, p. 1.
The title of this article makes it sound like it is a financial review of
DEC that you might come across in the financial section of a newspaper or
magazine. Actually this is an excellent article detailing the various
types of CD-ROM network licenses and how they work in practice. A short
article (joy!) that may well tell you all that you really need to know on
this topic.
CD-ROM LOCAL AREA NETWORKS: A USER'S GUIDE. Edited by Norman
Desmarais. Westport, CT: Meckler, 1991. ISBN 0-88736-700-3, (U.S.)
$39.50.
A collection of articles on various topics related to CD-ROM networks,
including sections on network licensing and copyright issues.
CD-ROM FOR INFORMATION DISTRIBUTION. Edited by Blaine v. Morrow.
Philadelphia, PA: NFAIS, 1992. ISBN 0-942308-35-2, (U.S.) $100.00.
Received mixed reviews when it first appeared, but does have a
good, detailed section on licensing issues.
"CD-ROM Selection and Acquisition in a Network Environment."
By Denise Johnson. Small Computers in Libraries, vol. 11(9),
October 1991, p. 17.
See the last section of the article, "Network Licensing", for an excellent
discussion of licensing issues and problems.
"Can TV Multimedia Damage Your Health?" By Tony Feldman. CD-ROM
World, vol. 8(3), April 1993, p. 43.
I know, I know, you're wondering what this title is doing in this list.
Well this article does begin as a discussion of the health risks
associated with the use of computers - but then it suddenly and
unexpectantly mutates into a description of the rise of CD-ROM networks
and the copyright and pricing issues related to these.
Quite a detailed overview of the licensing policies followed by various
CD-ROM publishers. Focuses primarily on European publishers.
"QuickTime Presents Copyright Questions: A Variety of License Laws
Govern QuickTime Movie Clips, But There Are Still Many
Unresolved Issues." By Clay Andres. MacWeek, vol. 6(24),
p. 42.
QuickTime is a vendor that produces video and multimedia CD-ROMs. This
article provides an excellent overview of the U.S. copyright laws which
restrict the use of these images. Includes sections on "What licenses do
and don't grant", "a license in action", "gray areas of business", and the
rights of owners of a product and those of producers.
"CD-ROM's Big Obstacle Now is LAN Pricing." By Jim Seymour.
PC Week, vol. 9(3), January 20, 1992, p. 53.
A brief and excellent critique of vendors' CD-ROM licensing policies and
pricing. The problems he identifies are much of the reason why many
vendors are now changing these policies and lowering prices.
"Campus-wide Information Systems." By Les Lloyd. Academic and
Library Computing, vol. 8(10), November 1991, p. 4.
An interesting, editorial type description and discussion of unenlightened
CD-ROM network licensing in action.
"Providing Access to CD-ROM Databases in a Campus Setting Part II:
Networking CD-ROMs Via a LAN..." By Judy Koren. Laserdisk
Professional [now CD-ROM Professional], vol. 5(5), September 1992,
p. 83.
Primarily a very long and detailed discussion of the various vendor
software packages available for CD-ROM networks. Skip to the last section
of the article, "A Word on Network Licenses", for a good, brief overview
of the topic and how some organizations are dealing with the issue of
copyright compliance.
"Ten Significant CD-ROM Developments in 1993." By Paul Nicholls
and Pat Ensor. Computers in Libraries, vol. 14(2), February
1994, p. 48.
A year end review. Includes a couple of paragraphs on network licensing
trends among CD-ROM publishers.
"The Dirty Dozen: Twelve Ways to Build a Better CD-ROM." By DanaJ.
Parker. Laserdisk Professional [now CD-ROM Professional], vol.
5(5), September 1992, p. 77.
Composed as a type of letter to CD-ROM manufacturers, this article
includes a page long discussion of the various types of CD-ROM network
licenses, their pluses and minuses.
"'Planning for Networking in School Libraries' - Special
Section:CD-ROM and Local Area Networks." By Charlene M. Scheib.
Small Computers in Libraries, vol. 13(4), April 1993, p. 4.
Provides a good game plan for analyzing how to go about implementing
CD-ROM technology in your organization. Provides checklist type questions
on topics such as "what is my purpose for networking?", and "what to ask
the vendor". A good overview of network implementation issues.
"Are You Obeying Copyright Law?" By Judy Salpeter. Technology and
Learning, vol.12(8), May 1992, p. 14.
Provides an overview of U.S. copyright law as it applies to information
technology. CD-ROM licensing mentioned only in passing.
HONOURABLE MENTIONS
"CD Networks and CD-ROM." By Linda Rosen. Online, vol. 14(4),
July 1990, p. 102.
Would have made the 'A' list if it were more current. A good, general
overview of CD-ROM network issues.
"Networking CD-ROMs: Implementation Considerations." By Howard
McQueen. Laserdisk Professional [now CD-ROM Professional], vol.
3(2), p. 13.
Again, would have made the 'A' list if it were more current.
"Simple and Inexpensive CD-ROM Networking: A Step-By-StepApproach."
By Mark Cain. Information Technology and Libraries, vol. 12(2),
June 1993, p. 262.
Doesn't get into the licensing or copyright issue very much, but a good,
detailed, nitty-gritty description of how to implement a network.
"Networking CD-ROMs: The Power of Shared Access." By Kelly Betts,
et al. PC Magazine, vol. 10(22), December 31, 1991,
p. 333.
A lengthy, detailed description of hardware and software considerations in
networking. Licensing issues alluded to in passing.
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Thanks to everyone on the Internet who supplied me with feedback (you know
who you are).
Apologies for formatting problems, if you pull this into your word
processing package it should be corrected.
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Jim Spence
Weir & Foulds
Toronto, Ontario, Canada
M5X 1J5 Tel. (416) 947-5057 FAX (416) 365-1876
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