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RESOURCE SHARING AMONG TURKISH ACADEMIC LIBRARIES WITHIN THE
CONTEXT OF COPYRIGHT LAW AND LICENSE AGREEMENTS
SAMI ÇUKADAR [email protected]
KEREM KAHVECIOĞLU
The 14th ILDS Conference Resource Sharing at the Crossroads 1 - 3 October 2015 , Istanbul
Agenda
Definitions Resource Sharing in Turkey Resource Types Shared in Turkey The Law On Intellectual and Artistic Works (FSEK) Resource Sharing Systems License Agreements Summary and Recommendations
Resource Sharing
The activities that result from an agreement, formal or informal, among a group of libraries (usually a consortium or network) to share collections, data, facilities, personnel, etc., for the benefit of their users and to reduce the expense of collection development (ODLIS).
Copyright
The exclusive legal rights granted by a government to an author, editor, compiler, composer, playwright, publisher, or distributor to publish, produce, sell, or distribute copies of a literary, musical, dramatic, artistic, or other work, within certain limitations (fair use and first sale).
Copyright law also governs the right to prepare derivative works, reproduce a work or portions of it, and display or perform a work in public (ODLIS).
License Agreement
A formal written contract between a library and a vendor for the lease of one or more proprietary (copyrighted) bibliographic databases or online resources, usually for a fixed period of time in exchange for payment of an annual subscription fee or per-search charge (ODLIS).
Aims of Copyright Law and License Agreements
The aims of Copyright Law to establish and protect the moral and economic rights, on their
products, of authors who create intellectual and artistic works, performers who perform or interpret such works, phonogram producers that make the first fixation of sounds, producers that make the first fixation of films, and radio-television organizations;
to regulate the conditions of exploitation of such products and to determine the sanctions for exploitation in breach of such rules and procedures.
The aims of license agreements to lease of one or more proprietary (copyrighted) bibliographic
databases or online resources, for a fixed period of time in exchange for payment of an annual subscription fee or per-search
charge.
Why Copyright and License Agreements Important for Libraries?
Rights to use print resources generally governed by National Copyright Law
Rights to use electronic resources generally governed by Contract Law via License agreements
Libraries purchase print resources with rights implicit to that purchase
Libraries license or lease access to use the electronic resources via license agreements
RESOURCE SHARING IN TURKEY
History of Resource Sharing in Turkey
The regulation for “Interlibrary Loan of Printed Books” Other work also aimed to prepare regulations or drafts for law bills. An operational work has been carried out by the “Committee for Interlibrary Collaboration Law,” formed by the General Directorate of Libraries and Publications: a draft for “Interlibrary Collaboration Law” has been prepared specifically for university libraries in 1988.
Printed forms until 2008 With the introduction of the standard ILL forms came improvements to processes and increased speed and efficiency in processing.
Resource Sharing Systems among Turkish University Libraries and Their Membership
Number of Universities Resource Sharing Systems and Membership
State Foundation Foundatiton Vocational
Total
103
64
3
170
73
44
2
119
3 2 5
KITS TUBESS OCLCState Foundation Foundatiton
Vocational
116
82
8
Resource Types Mostly Shared within University Libraries
Print resources Journals-articles Books Dissertations Audio-visual
E-resources e-journals-articles e-books e-dissertations
Law No. 5846 of December 5, 1951 on Intellectual and Artistic Works
Copyright Law in Turkey
Copyright Law in Turkey
Law No. 5846 of December 5, 1951 on Intellectual and Artistic Works (FSEK)
Amended by: Law No. 2936 of 1.11.1983 Law No. 4110 of 7.6.1995 Law No. 4630 of 21.2.2001 Law No. 5101 of 3.3.2004 Law No. 5217 of 14.7.2004 Law No. 5571 of 28.12.2006 Law No. 5728 of 23.01.2008
Purposes of FSEK
To establish and protect the moral and economic rights, on their products, of authors who create intellectual and artistic works, performers who perform or interpret such works, phonogram producers that make the first fixation of sounds, producers that make the first fixation of films, and radio-television organizations
To regulate the conditions of exploitation of such products and to determine the sanctions for exploitation in breach of such rules and procedures.
Work-FSEK
Any intellectual or artistic product bearing the characteristic of its author, which is deemed a scientific and literary or musical work or work of fine arts or cinematographic work.
Types of Intellectual and Artistic Works
Literary and Scientific Works Musical Works Works of Fine Arts Cinematographic Works
Types of Rights Moral Rights (exclusive)
Authority to Disclose the Work to the Public The Authority to Designate the Name Prohibition of Modification Rights of the Author against Persons Who Own or Possess a Work
Economic Rights (exclusive) Right of Adaptation Right of Reproduction Right of Distribution
The exclusive right to rent, lend, put up for sale or distribute in any other way, the original or copies of a work, belongs to the author.
The distribution of a work or its copies by way of rental or lending, may not lead to a widespread copying of the work in a manner prejudicing the right of reproduction of the author. The rules and procedures regarding the application of this article shall be regulated with a by-law to be issued by the Ministry of Culture and Tourism.
Right of Performance Right to Communicate a Work to Public by Devices Enabling the Transmission of Signs, Sounds
and/or Images.
Duration of Term of Protection
The lifetime of the author and for 70 years after his death.
Limitations and Exceptions in FSEK
Due to Public Interest Selected and Collected Works for Educational and Instructional Purposes
Freedom of Quotation Due to the Interest of Individuals
Personal UseIt is permitted to reproduce all intellectual and artistic
works for personal use without pursuing profit. However, such reproduction may not prejudice the legitimate interests of rightholders without good reason or conflict with the normal exploitation of the work.
Exceptions on libraries / resource sharing
Draft Laws on FSEK
Draft laws in 2010 and 2012 3 library related articles (exceptions)
Exception for copying for preservation provisions Exception for public lending Exception for partial reproduction with renumeration
Systems Used in Resources Sharing in Turkey
Resources Sharing Systems in Turkey
Print forms until 2008 OCLC (1990 - ) KITS (2008 - ) TUBESS (2011 - )
Resource Sharing And License Agreement
Consortial ANKOS – TRNSL
Rights and rules ULAKBIM
Rights and rules Institutional
Sign by institutional
Resource Sharing And ANKOS
Consortial ANKOS – TRNSL
Rights and rules
ILL Rules of Databases Within ANKOS Consortium
Allow 30
Not Allow 10
NA 4
Allow 11
Not Allow 18
NA 6
Journal Database: 44 Other Databases: 35
Resource Sharing and ULAKBIM-EKUAL
ULAKBIM-EKUAL Rights and rules
ILL Rules of Databases Within EKUAL Consortium
Allow 14
Not Allow 0
NA 1
Allow 2
Not Allow 1
NA 4
Journal Database: 15 Other Databases: 7
SUMMARY AND RECOMMENDATIONS
Summary
Neither the current legislation (FSEK) in Turkey nor the draft amendment under discussion provide any exceptions regarding resource sharing.
Silent consensus Some of the database license agreements examined for this study include specific conditions on resource sharing
The number of meetings and studies increased on resource sharing in Turkey recently
Recommendations
Resource sharing should be addressed in the proposed amendments to the legislation as an exception
Journal and e-book database license agreements should cover and allow resource sharing
The studies of IFLA on library exceptions should be supported and contributed for a global resource sharing agreement
Librarians and NGOs should take an active role and do lobbying
Librarians and publishers should try to understand each others positions and to try to find workable solutions by defining the activities they want to conduct as precisely as possible.
