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Re: Internet Archive's Open-Text Archives Initiative



Some libraries have said that they are, at least for now, concentrating on
out-of-copyright works. However, if you look at the Harvard press release
you will see that they do not believe such a restriction is necessary; I
would beg to differ.

Sally Morris, Chief Executive
Association of Learned and Professional Society Publishers
E-mail: chief-exec@alpsp.org

----- Original Message ----- From: "David Goodman" <David.Goodman@liu.edu>
To: <liblicense-l@lists.yale.edu>; <liblicense-l@lists.yale.edu>
Sent: Thursday, December 30, 2004 3:15 AM
Subject: RE: Internet Archive's Open-Text Archives Initiative

I am not aware that any of the present projects intend to concentrate of
books still under copyright (If I am not correct, I would appreciate a
correction.) If so , the most useful course for anyone concerned with
libraries, literature, or scholarship would be the reform of the copyright
laws, as recommended by the NOC report, though in a slightly differing
context.  Since in the US it is clear that this change will not come
through legal action, that leaves it up to the legislature.

I think a compromise could be reached; the publishers are not asked to do
any work, and have already recovered (or not, as the case may be) whatever
costs they are likely to recover. I think the production of such an
out-of- print book could be appropriately accompanied by a payment. The
copyright holder will vary, but will often be the author.  If he or his
estate can still be identified, an appropriate one time fee would make
sense. If it can be shown to be the publisher, it would alternatively make
sense to pay a small unexpected additional sum to the publisher. I'd
suggest accompanying such a request by asking the author/estate/publisher
to instead contribute the fee to the project.

We are here dealing with different material from our usual sci-tech
journal articles. In some cases th authors may have written just to get
published, but most of them normally did expect a royalty.  I have not
considered how to set the cost, except that it should be a one-time
payment, and be considerably less that the production cost in making the
book available. --unless of course the electronic copy stimulates such
interest that a new hard copy edition becomes feasible.

As Tolkien says in referring to a pirated edition of Lord of the Rings,
"Those who believe in courtesy at least to living authors [will buy the
authorized edition].

Dr. David Goodman
dgoodman@liu.edu