I am not a lawyer and can not offer legal advice.

You need permission.  If they don't want to grant it (either by denying or just ignoring) you're legally out of luck.

It sounds like they've pulled it from UMI as well.

Keeping it in the library has nothing to do with it.  A copy of the whole thing is a copy of the whole thing.

I am not a lawyer and can not offer legal advice.

dan

Show Up, Suit Up, Shut Up, and Follow Directions
dan@riverofdata.com
Dan Lester, Boise, Idaho, USA

  ----- Original message ----------------------------------------
  From: "Pennington, Buddy D." <penningtonb@UMKC.EDU>
  To: SERIALST@LIST.UVM.EDU
  Received: 3/8/2007 12:55:28 PM
  Subject: [SERIALST] Question regarding permissions to film a print journal

  >Hi all,

  >

  >Moving on from the Sports Illustrated discussion...:-)

  >

  >There is a local business journal that was available in microfilm format
  >through UMI but is no longer available through them and is apparently
  >not available elsewhere.  It is a newsprint title so it's not something
  >we can bind.

  >

  >I've contacted the publisher to get permission to have our print issues
  >filmed but they have been dragging this out for a few months now.  My
  >question is this. Do we need their permission in the first place?  I was
  >thinking the copyright exceptions and the DMCA allow for preservation
  >copies if none exist on the market and if access is restricted to within
  >the library.  So even if the publisher explicitly does not grant
  >permission, are we protected by federal law so long as we keep the film
  >in the library?

  >

  >Any experience or more concrete knowledge on this would be much
  >appreciated.  Thanks!

  >

  >Buddy Pennington
  >Serial Acquisitions Librarian
  >University of Missouri - Kansas City
  >University Libraries
  >www.umkc.edu/lib <http://www.umkc.edu/lib>

  >