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spacediver2012-10-24 18:39:45
Electronic books
spacediver, 2012-10-24 18:39:45

Does disserCat pay dissertation authors?

Colleagues,

I just discovered a subject for myself .

Perhaps my question is banal, but according to a brief study (on the website and in Google), I cannot understand: on what basis does the Scientific Electronic Library, St. Petersburg, listed on the website, sell copies of copyrighted works?

Maybe I'm overlooking some aspect of the author's legal relationship with the scientific institution under whose auspices he writes his work - and transfers to him the rights to commercial use of his work (which it can then en masse transfer to a third party)?

Now I am waiting for a response to a personal appeal in the feedback form, but in the meantime I would like to ask the opinion of the respected community on the possible structure of what is happening.

Thanks :)

UPD. On theThe site's reviews page found similar questions with no answers.

UPD. And here is the response from tech support:

Our resource is engaged in information support for scientific and educational activities on the Internet - electronic delivery of documents under an agency agreement: www.dissercat.com/content/agentskii-dogovor . We are talking about the fulfillment of individual orders for the search and provision of copies of dissertations and abstracts in electronic form for personal, non-commercial use, mainly for research or educational purposes on behalf of remote users who are unable to independently obtain the necessary information. Such literature is distinguished by exclusivity, inaccessibility, small circulation and falls out of the sphere of interest of publishers.

According to the 4th part of the Civil Code of the Russian Federation, it is possible to work without an agreement with the author and without paying him remuneration. In accordance with Art. 1273 of the Civil Code of the Russian Federation: “It is allowed, without the consent of the author or other right holder and without payment of remuneration, to reproduce by a citizen exclusively for personal purposes a lawfully published work, with the exception of ... reproduction (paragraph 2 of article 1275) of books (in full) and musical texts ... ". This right of a citizen can be exercised by him both independently and in the form of an order in full accordance with the law without the consent and payment of remuneration to the author.


In my opinion, further legal details need to be dug on the topic of what an agent can disown when providing reimbursable assistance to a citizen in exercising his right, and what he cannot.

In particular, the agency agreement (like an offer) contains the following interesting points:

3.2. The Agent, during the execution of this agreement, does not for any period of time become the owner of any rights to the transferred Material. All responsibility for the use of the transferred Material lies with the Principal.
4.2. All copyright disputes are resolved between the author of the Material and the Principal, without the participation of the Agent.


How does it work? The citizen decided to exercise his right to personal use of the text for educational purposes without notice and remuneration to the author. I turned to the agent, and he helped him to realize the right. So, in this case, it is allowed not to consider this same agent as a person who uses the text far from for personal purposes?

I wish I could ask lawyers :)

UPD. One dissertation student emailed me his solution to the problem:

I wrote back to dissertcat:

“Without my consent, you do not have the right to distribute my work either for free or for free.

I ask all interested persons to refer to me personally and to a freely accessible dissertation on the Internet.

The dissertation was published as a manuscript.

This means that the copyright for the text belongs to the author ...

further explanation from here otvety.google.ru/otvety/thread?tid=2840712706508abb I am

sending a copy of the letter to the prosecutor's office and to the registry zapret-info.gov.ru

after which they sent a response:
At your request, your dissertation has been removed from our catalog. We apologize for the inconvenience caused.

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5 answer(s)
V
Vladislav, 2012-10-24
@phprus

The site says that:

In the dissertation hall of the Russian State Library (Lenin Library) I can read dissertations for free. Why am I paying money on your site?
You pay for the delivery of an electronic copy of the dissertation from the Digital Library of Dissertations, i.e. You do not need to go to the RSL.

But I can’t remember on the basis of what it is possible to make a complete copy of the material from the library (you can partially copy for yourself any material in any library in any way, including photographing, which the libraries really don’t like, since they won’t earn money on a copier , but again, I'm not sure about the applicability of this paragraph for LLC). At the same time, disserCat definitely does not pay the authors anything.

D
Dmitry, 2013-12-23
@seventh

Found my dissertation there. I 'm wondering what can be done...

O
Oleg Chirukhin, 2012-10-24
@olegchir

if it's still open, what's the difference? Linux can also be sold, for example, even though it is free.

E
egorinsk, 2012-10-26
@egorinsk

Um, so it is possible to organize a site for the implementation of individual orders for the search and provision of copies of audio recordings and films? In vain rutreker pursued?

X
xget, 2012-10-26
@xget

Has anyone ordered an electronic copy from this site? Interested in the result.

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