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RE: Interesting analysis of Google/publisher/author settlement

In the UK it is also the case that the 'typographic rights' 
(which are essential if you are going to reprint the book without 
re-setting) remain with the publisher for 25 years from 
publication, irrespective of whether the book is in or out of 
print, and irrespective of whether the copyright in the content 
has or has not reverted to the author.  I'm not aware of any 
other countries with a similar provision, though other list 
members may be able to enlighten me on this point.

Sally Morris
Consultant, Morris Associates (Publishing Consultancy)
Email:  sally@morris-assocs.demon.co.uk

-----Original Message-----
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Sandy Thatcher
Sent: 14 November 2008 23:04
To: liblicense-l@lists.yale.edu
Subject: Re: Interesting analysis of Google/publisher/author settlement

Sherman makes two incorrect assumptions: 1) that once a publisher 
declares a book out of print, the rights automatically revert to 
the author; and 2) that registration is required to protect a 
copyright in a work. Neither is true. Many, probably most, 
publishing contracts require an affirmative action on the part of 
the author to acquire rights back; the process is by no means 
automatic. Thus it is quite possible for many publishers to 
retain copyright in books that have gone OP. And ever since the 
1976 Copyright Act did away with formalities like registration as 
a requirement to protect copyright (as opposed to being entitled 
to certain additional remedies), books that have gone out of 
print that had never been registered are still entitled to the 
basic copyright protect the 1976 law provides.

Let's hope that such commentary on the Google settlement will not
muddy the waters further by being ill informed.

Sandy Thatcher
Penn State University Press

P.S. For librarians, this is a more reliable guide:

>Sherman, Eric. Google Wades into E-Mud with E-Books; Settlement
>with Publishers May Not Be Valid. http://tinyurl.com/5ztxeh
>Bernie Sloan
>Sora Associates
>Bloomington, IN