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RE: Interesting analysis of Google/publisher/author settlement

I remember many years ago talking with the owner of a local (now 
gone) Little Professor bookstore. He recounted the story of one 
of the major book suppliers putting in an order for all of the 
"in print" books available - and was subsequently astounded that 
less than 1/4 of the space he had allotted was filled.  "out of 
print" does not mean released - many publishers never declare a 
publication out-of-print, just not currently available.  If they 
say otherwise, they may have to settle up - at least that was the 
implication by the owner.


Patricia J Erwin aka "Pat"
Head Reference Librarian
Assistant Professor of Medical Education
Mayo Clinic Libraries


From: owner-liblicense-l@lists.yale.edu on behalf of Sandy Thatcher
Sent: Fri 11/14/2008 5:03 PM
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