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Re: Posting vendors' PDFs

In the UK there is the concept of 'typographical copyright' which will usually be held by the publisher (or whoever creates the PDF),

How the publisher chooses to exercise this right in a typographical copyright is another matter.

This wiki suggests that the UK's concept of typographical copyright does not have any equivalent in the US.

http://commons.wikimedia.org/wiki/Commons:Licensing#Typographical_Copyright

The existence of this distinct 'typographical copyright' puts publishers, in the UK (and some other commonwealth legislations), in a strong position in respect to an effort such as the Google library project which involves the wholesale scanning of published works. The matter is further complicated by the fact that many published copyrights will also contain illustrations or photographs whose precise copyright status is again distinct from the copyright in the 'literary work'. Many publications have a surprisingly complex intellectual property status.

It is noteworthy that Google has claimed rights in the scanned copies that it is making of in-copyright and out-of-copyright works (so called 'Google Digital Copies'). Project Muse and JSTOR would have similar rights in the fruits of their own scanning activities.

The Google claims are here:

http://www.lib.umich.edu/mdp/um-google-cooperative-agreement.pdf

Perhaps it was a tactical mistake for Google to have asserted such claims or given so much prominence to the concept of Google Digital Copies.

Adam

On 5/30/06, Liblicense-L Listowner <liblicen@pantheon.yale.edu> wrote:
From another list ... of possible interest (and response) to

readers of liblicense-l?  Ann Okerson

---------- Forwarded message ----------
Date: Thu, 25 May 2006 10:49:38 -0400
From: Richard Griscom <griscom@pobox.upenn.edu>
To: SPARC Institutional Repositories Discussion List <SPARC-IR@arl.org>
Subject: [SPARC-IR] Posting vendors' PDFs

The following question came up in a recent meeting of the
repository oversight group at Penn: Do vendors retain proprietary
rights over the PDF files they prepare for full-text databases?
For example, if we receive permission from Publisher Y to mount
Professor X's paper in our repository, may we use a PDF created
by Project Muse or JSTOR in lieu of scanning the article
ourselves?  Do these vendors exercise rights over the use of the
PDFs that they have prepared?

Best,
Richard Griscom

--
Richard Griscom                                office 215/898-3450
Head, Otto E. Albrecht Music Library and          fax 215/898-0559
   Eugene Ormandy Music and Media Center    griscom@pobox.upenn.edu
University of Pennsylvania
Van Pelt Library, 3420 Walnut Street, Philadelphia PA 19104-6206