Recently there has been a spate of comment expressing frustration about the allegedly slow progress of open access, and especially Green open access. It is hard to disagree with some of this sentiment, but it is important that frustration not lead us into trying to solve a problem with a worse solution. The key, I believe, to making real advances in open access is to walk away from the commercial publishers who have dominated the market for scholarship. Only if we do that can libraries free up money from our collection budgets to do truly new things. A new business model with the same old players, even if it were possible, would be a mistake.
It might be necessary to remind readers that the copyright lawsuit brought by Oxford University Press, Cambridge University Press and Sage Publishing against Georgia State University is still going on. It began in 2008, and after losing all of their major points at every level of the litigation, it would be easy and sensible to conclude that the publishers had walked away, as most sensible plaintiffs would have done. But these are not sensible plaintiffs; they, or the folks who call the shots and pay the bills for them, are fanatically determined to push their alternate view of copyright law ever up the hill, no matter how often it rolls back on them.
I have a conflicted relationship with the idea of moral rights in copyrighted works. Because I saw my work as a scholarly communications librarian as focused on helping academic authors understand their rights and use them to further their own goals and the goals of scholarship writ large, I have often been sensitive to the lack of a real attribution right in U.S. law. I even wrote an article in 2010, in which I suggested such a right as a potential improvement of our law. Nevertheless, the difficulties associated with incorporating moral rights into U.S. copyright are substantial, so this topic has remained unresolved in my own mind.newrambler.net/ramblings/wp-content/uploads/essay
This is the Conference Report from the Symposium on Open Access : Envisioning a World Beyond APCs/BPCs that was held at the University of Kansas last fall. The symposium generated international attention and some great conversations. This report was written by Robert Kieft, Ada Emmett, Josh Bolick, and Rebecca Kennison.
On November 17-18, 2016, the University of Kansas Libraries (KU), Open Access Network (OAN), Allen Press, Scholarly Publishing and Academic Resources Coalition (SPARC), and Association of Research Libraries (ARL) sponsored an international symposium, Envisioning a World Beyond APCs/BPCs, at the University of Kansas in Lawrence, Kansas, USA. The symposium brought together a group of 18 panelists and 9 respondents and offered a first session livestreamed for a worldwide audience. The remainder of the meeting was structured as an “unconference” focused on key ideas raised by participants’ statements and the ensuing discussion during the opening event. The symposium asked the participants to consider current models available for achieving an expansive, inclusive, and balanced global open publishing ecosystem, one that does not depend on the payment of article- or book- processing charges (APCs or BPCs) for publication.
This quote is from a 1996 letter written by then-Register of Copyright Marybeth Peters to Senator Orrin Hatch of the Senate Judiciary Committee about why the Copyright Office belongs in the Library of Congress:
Put simply, copyright differs from industrial property in fundamental respects. Most other countries, like the United States, have recognized this difference, handling copyright issues in their ministries of culture or education, and patent and trademark issues in their ministries of commerce or trade. While copyright, like industrial property, has important commercial value, it also has a unique influence on culture, education, and the dissemination of knowledge. It is this influence that logically connects copyright to the Library of Congress in contributing to the development of our nation’s culture.
Anytime that academic authors sue each other over a journal article, it is worth attention in this space. A couple of weeks ago, the U.S. District Court in Massachusetts ruled in such a case, and the ruling raises some interesting points to consider for those of us involved in working with scholarly publications.
Note first that this is a very fact-specific case and a decision by a district court, so it is not a control precedent for anyone other than the parties. A decision would have more weight if this ruling were appealed, but, because the motive behind the lawsuit seems to have been more wrath than reason, I think that is unlikely.
A few years ago, I was asked by the U.S. State Department to give a presentation on copyright for librarians in India. I spoke via web conferencing to a group of Indian librarians gathered in an auditorium at the U.S. Embassy, and the session was moderated by an IP professor from Delhi University. This moderator began the session by asking me a very challenging question; pointing out that the standard textbook that he would like to use for his class in trademark law cost more than a month’s salary for the average Indian, he asked me how the copyright balance between rights holders and the public could be calibrated in such economic conditions. I don’t think I provided a very good answer at the time, but last week the High Court in Delhi took on that question and offered an amazing response.
This is a guest post written by Jennifer Chan of UCLA
On June 1, 2016, UCLA’s Westwood campus was suddenly thrust into the media spotlight across the world when a shooter entered a campus building and fatally shot one of our engineering faculty. I was just days shy of my one-month anniversary as UCLA Library’s Scholarly Communication Librarian. What I knew, and what most of us on campus knew that June morning, was that “police activity” had been reported at the other end of campus. Far, but not far enough. Soon, the details began trickling in.
Catherine Fisk’s Working Knowledge:Employee Knowledge and the Rise of Corporate Intellectual Property, 1800 – 1930 (University of North Carolina Press, 2009) has been around for a few years, but I only became aware of it recently, after a colleague mentioned it in conversation. So my recommendation — it is a fascinating read — is belated, but I hope these reflections based on the book are still useful.
In theory, the idea of a small claims board that could adjudicate copyrights claims where the monetary value is not too high seems sensible. Federal litigation is very expensive and intimidating, so a small claims mechanism could make it easier for independent artists and small businesses to defend their rights.
Nevertheless, I have never been very enthusiastic about the idea, in large part because the devil is definitely in the details of any proposed scheme. The fear is that a small claims board could become, in the words of this 2012 article about the topic from Techdirt, just “a new venue for porn companies to coerce settlements out of internet subscribers.” If such a board appeared to be nothing other than a mechanism to make it easier not just for trolls but for Big Content in general to bully individual users and avoid the high costs of litigation, it would ultimately be harmful to the copyright balance that is already so out of whack in the U.S.