Hi rachael,

Yes, I’d love to chat but am headed for some more zooming – can you just reply to me with a time that wooud work for you 9I have that calendy link below if that’s helpful.

More info on the intended use by the  “non-UC”patron (daughter or spouse?): they wanted to give the thesis as a gift, so any way to get it or purchase it, they're open to.

Allegra
Meet: here's my calendar link<https://urldefense.com/v3/__https:/calendly.com/akswift__;!!Mih3wA!T4VGrOddoXVXKPPma1Jsrb8K48j5_4YLcieiGQd8hdzHjhbBDT0Tuwc0YmeRYxWX$> to make finding time easy.



From: Rachael Samberg <[log in to unmask]>
Date: Friday, February 4, 2022 at 9:00 AM
To: Swift, Allegra <[log in to unmask]>
Cc: [log in to unmask] <[log in to unmask]>
Subject: Re: [SCCKG] Copyright and dissertation Q
Hi, Allegra. As always it may be easier to chat as I think you're discussing a few different things in here, and it's not exactly clear to me what you're being asked to do.

I read this as a patron wants the Library to provide a copy of a dissertation? Interlibrary loan can do so under 17 USC 108(e) if the other conditions are met about non-commercial availability, etc.

Otherwise, if ILL does not wish to rely on (or for some reason can't rely on) 17 USC 108(e), your library could still make a fair use decision about whether to provide a copy. (Note that we do not, just FYI.)

And if both of the above are a "no," then you indicate to the patron that you don't know who holds copyright (there are no automatic rules for anything; the person could have assigned it in a number of ways), and if you do have contact info for heirs, you could decide to pass that along or not.

I'm not sure what the emeritus project is you're referring to, but my read of your e-mail is that you have a patron who wants a copy. And the above would apply to such a scenario.

Best,
Rachael

On Fri, Feb 4, 2022 at 8:54 AM Swift, Allegra <[log in to unmask]<mailto:[log in to unmask]>> wrote:
Who holds copyright to a dissertation where the author dies if they haven’t included copyright in their will? https://copyrightalliance.org/what-happens-to-your-copyrights-after-you-die/<https://urldefense.proofpoint.com/v2/url?u=https-3A__copyrightalliance.org_what-2Dhappens-2Dto-2Dyour-2Dcopyrights-2Dafter-2Dyou-2Ddie_&d=DwMFaQ&c=-35OiAkTchMrZOngvJPOeA&r=PmypG20AK7wWoTUWnxS5Fmg0l2xLgTKuqTJfVP1jDbU&m=uo4s-dzOjTy-cMnyY2y25Qvk-TB1p_1H8rwuCWQfEQ9RJK_fVZBDH8Y8caVIiQ7H&s=Du-52lW1mZsBjxMnt6ZdWP3OTZEbxhHFh2zoqVIGGLE&e=> . Do heirs automatically receive copyright if not, who would you approach for access? What are al y’all doing with the emeriti project – I realize most of the copyright in this case would be held by the publisher…

A patron, not UC but a family member, found the UCSD dissertation online having been scanned as part of the Google Books project but only the record is accessible, not the pdf.
A few things I’ll ask, very few details in the initial query:

  1.  What is the date of the dissertation?
  2.  When did the author die (if they did die)?
  3.  What else? (that’s for you all)

Thanks!
Allegra

Allegra Swift | Scholarly Communications Librarian
UC San Diego Library | [log in to unmask]<mailto:[log in to unmask]>
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--
Rachael G. Samberg, J.D., MLIS
Scholarly Communication Officer & Program Director
Office of Scholarly Communication Services
University of California, Berkeley
Doe Library, 189 Annex
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