Re: Publishing trade associations on rules for Orphan Works

["adam hodgkin" <adam.hodgkin@gmail.com>]

I have the growing suspicion that the Publisher's Trade 
Associations really have lost the plot on what is needed for 
publishing in a digital environment. This is not quite as bad as 
the Prism fiasco, but it leaves the impression that the Trade 
Associations are taking a very blinkered and narrow view of their 
remit and of the needs of *publishers* (never mind the needs of 
authors, readers, teachers and students).

First it would have been very helpful if this email had contained 
a direct link to the draft. A small point, but really very 
important especially in posting to this list. The ALPSP site 
suggests that the draft is available for 'members', but I was 
able to read and download it straightforwardly. Its here:

http://www.alpsp.org/ngen_public/article.asp?id=1&did=47&aid=1124&st=&oaid=-1

I have no interest in using, fostering or 'reviving' orphan 
copyrights, but if I did, this set of safe harbour guidelines 
would seem to be more like a cumbersome collection of red flags 
and keep off notices than any form of reassurance or insurance. 
Will it actually encourage or permit any useful and valuable 
secondary publication efforts? We shall see.

A constructive view of these issues should involve all the 
important stakeholders and it is not clear from this draft that 
these publishers have seriously consulted and considered these 
issues in collaboration with the authors, the researchers and the 
educators whom they purport to serve, and whose copyrights they 
custode.

Adam


On 10/25/07, Janice Kuta <kuta@stm-assoc.org> wrote:
> Press Release
>
> Publishing trade associations issue clear rules for Orphan works
> 'safe harbor' for users of academic and scholarly journals
>
> LONDON, 24 October 2007 - Three trade associations, The 
> Association of Learned and Professional Society Publishers 
> (ALPSP), The International Association of Scientific, Technical 
> & Medical Publishers (STM) and the Professional /Scholarly 
> Division (PSP) of the Association of American Publishers today 
> released a further step towards establishing clear rules for 
> users of copyright works who cannot locate the owners of such 
> works (so-called 'orphan works') to obtain permission to 
> include such content in new works, course-packs, and 
> compilations. The 'safe harbor' statement we are releasing 
> today is an evolution in policy and practice from statements 
> and positions announced previously (see prior STM, IPA and AAP 
> statements) .
>
> Stakeholders around the world are currently debating whether 
> orphan works should be dealt with as a matter of a copyright 
> exception, a reduction in copyright penalties once a 'parent' 
> is located, or a blanket collective license.  The view of 
> ALPSP, STM and PSP is that private market solutions are almost 
> always to be preferred, since they are the most likely to 
> provide tangible results, and that solution is put forward in 
> the new 'safe harbor' document.
>
> The safe harbor document outlines a need for a viable and 
> diligence search request, and identifies resources that should 
> be consulted, including a list of journal publisher imprints 
> that the associations have compiled.  Users who conduct such a 
> search where the owner of such a work is later identified, will 
> be subject only to a normal license fee and will not be subject 
> to any statutory, punitive or special fees or damages.
>
> A significant number of ALPSP, STM and PSP members have acceded 
> to the safe harbor principles, and it is hoped many more will 
> join shortly.  In a sense this effort creates an actual legal 
> right that would otherwise only be available through extensive 
> formal legislation.
>
> The safe harbor that members of the three associations are 
> providing will significantly increase the ability of scholarly 
> users, researchers and writers, to utilize the rich resources 
> of scholarly and academic journal content for the benefit of 
> all.
>
> The Association of Learned and Professional Society Publishers
> (ALPSP) is the international trade association for not-for-profit
> publishers and those who work with them. http://www.alpsp.org
>
> STM -- International Association of Scientific, Technical and
> Medical Publishers -- is an international association of about
> 100 scientific, technical, medical and scholarly publishers,
> collectively responsible for more than 60% of the global annual
> output of research articles, over half the active research
> journals and the publication of tens of thousands of print and
> electronic books, reference works and databases.
> http://www.stm-assoc.org
>
> The Professional & Scholarly Publishing (PSP) Division of the
> Association of American Publishers, Inc. (AAP) serves over 140
> commercial, not-for-profit, and university press publishers who
> provide scholarly information in the sciences, technology,
> medicine, business, law, and the humanities and social sciences.
> PSP engages in educational and advocacy activities for the
> advancement of scholarship and the broad interests of information
> services community. http://www.pspcentral.org
>
> For further information, please contact:
>
> Mark Seeley (m.seeley@elsevier.com)