some libraries show the title image and table of contents etc of a book on catalog searching.
I want to ask that if any library shows title image, table of contents, indexes of a book then is it a violation of copyright?
It is a fact that on the verso of the title page a proverbial/statutory statement appears indicating that No part of the book can be stored &/or published in any form without formal/written permission of the publisher (Copyright holder) In that sense, being "part"of the document, the portions certainly fall under copyright.
However, many Indexing journals provide indexes of articles where the full citation of an edited book are described. Never-the-less, the famous " Current Contents" the brain child of Late Dr. Eugene Garfield, bears the content pages of journals. I have no idea whether there were formal agreements with the publishers concerned. but as I personally feel (I admit that I may be wrong) if such "Reuses" enhance the publicity/ viewership/readership and thereby, most importantly commercial interest of the publisher, they wont mind.
There are specialised Companies who sell ToCs, Cover illustrations, abstracts etc. towards libraries and library consortias for the so called catalog enrichment.
For example: https://proquest.syndetics.com/
Are table of contents and indexes of a monograph considered as copyright matter? Yes.As little as a few words could already be an infringement. But it all depends ultimately on the rightsholder (author,publisher) if they want to do something about it...
Can we display this matter while presenting a book introduction? What do you mean with presenting ? Online? Publicly or only to their university audience? It seems likely that many rightsholders will probably not mind. Many will actually deliver MARC records to a library to enhance their catalogs with this type of information. The fact that a rightsholder benefits from the presentation is not a guarantee non-infringement.
Chris
www.allrightsonline.com
Interesting topic. I think the table of content and the index is part of a book and if the copyright information says no copying any part of the book, then it is wrong for librarians to copy. However, I think the writers on the books need to be educated and advised to allow the meta data of the book including the table of content and index for the public to view their publications. Otherwise, how will the buyers know their publication?
hi, Kiwelu
very well said. you showed a new direction regarding writers. Thanks
As Chris Kluiters points out, a TOC can reflect sufficient creativity to qualify for copyright protection, however, in most cases the "selection and arrangement" is dictated exclusively by the book's organization and thus there is no creativity involved in compiling the TOC. (For these reasons, the issue can be more complex in the case of an index.) Even where the TOC does qualify for copyright protection, in the US, the uses you've listed would almost always be allowed under the Fair Use Doctrine.
I think it is a copy right matter because both the table of content and index are part of the work since they both give direct page reference to the main body of the work or book.Ttherefore the new writer should use a different way of presenting table of content or index in his/her own work or else except with approval or written permission of the author of the other work(s).
An article (1) by Prof. Holger Knudsen, former director of the Max Planck Institute for Comparative and International Private Law, on the exact topic has been published in the German speaking LIS journal 'Bibliotheksdienst', a while ago (Vol. 46, Issue 5, May 2012) . It mainly adresses the German point of view and comes to an almost definite conclusion: following the argumentation of the German Bundesgerichtshof (highest level court), a table of contents lacks a creative aspect on its own. It is merely the, often automatically created, summary of a work, that itself is a product of a creative process and is of course protected by copyright law, but the toc is not.
He also cites an angreement (2) of the German Association of Booksellers and Publishers (Börsenverein des Deutschen Buchhandels) with the German National Library and the DBV, the German Library Association from 2007, which seems not be outdated as yet.
If anyone is interested in a more detailed approach about the article's and the agreement's potential to be compared with international situations, I can try a little more detailed translating/citing later, and then we all add our further two cents, but also it might be interesting, Mr. Faizi, if there is any similar agreement between the Pakistan Library Association and the Pakistani publishers. Also, there might be a similar agreement or at least a guidance on an international level, e.g. by the IFLA? No time for researching that myself, but might be worth a try.
1: Knudsen, Holger: "Zum Urheberrechtsschutz von Inhaltsverzeichnissen bei der Kataloganreicherung"
DOI: https://doi.org/10.1515/bd.2012.46.5.425
2: Schreiben des Börsenvereins des Deutschen Buchhandels zur Kataloganreicherung. URL: http://www.bibliotheksverband.de/fileadmin/user_upload/DBV/vereinbarungen/Boersenverein_110707_Kataloganreicherung.pdf
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