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Google v. the Web?
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- Subject: Google v. the Web?
- From: Michael Carroll <Carroll@law.villanova.edu>
- Date: Wed, 3 Dec 2008 18:57:13 EST
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I know that the issue of monograph publishing and the sustainability of university presses has been an oft-discussed topic on this list. I'd be interested in Sandy's and other list members' reactions to the question of whether academic authors and publishers might not do better that the Google settlement route by taking the open access route for scholarly monographs. Case in point. James Boyle's new book has just been released under a Creative Commons license by Yale University Press. http://www.thepublicdomain.org/2008/11/28/questions-from-authors/ According to publicly available sales statistics, it's doing quite well. According to Amazon, yesterday, its Sales Rank was: #3,103 in Books (See Bestsellers in Books) Popular in these categories: (What's this?) #1 in Books > Professional & Technical > Law > Intellectual Property #1 in Books > Nonfiction > Law > Intellectual Property #4 in Books > Nonfiction > Social Sciences > Sociology > Culture So, is that an aberration? If so, why? If not, why doesn't this point the way to a more profitable future for the public and university presses? Best, Michael W. Carroll Visiting Professor of Law American University, Washington College of Law 4801 Massachusetts Ave., N.W. Washington, D.C. 20016 (202) 274-4047 (voice) (202) 730-4756 (fax) Research papers: http://law.bepress.com/michael_carroll/ http://ssrn.com/author=330326 blog: http://www.carrollogos.org/ See also www.creativecommons.org ________________________________________ From: email@example.com [firstname.lastname@example.org] On Behalf Of Sandy Thatcher [email@example.com] Sent: Tuesday, December 02, 2008 10:44 PM To: firstname.lastname@example.org Subject: Re: Questions about Google Books settlement Some interesting thoughts here, including this among others: Yet another question is what will happen to limitations and exceptions to copyright typically granted to libraries. These exceptions depend on the works not being commercially available, but what if increasingly all works are available for commercial use, as in the Google case, von Lohmann asked. Indeed, it would appear that the settlement provides strong incentives for publishers to retrieve rights to their out-of-print works--or to resurrect them again in print if rights had not reverted--so as to make them "commercially available" again under the settlement's definition, which arguably allows availability in POD form to qualify (especially if the POD edition can be purchased through an online retailer like Amazon). Google is providing yet another reason for publishers to take advantage of the "long tail" and extend it backward in time, which will--as von Lohmann observes--make it more difficult for librarians and other users to apply "fair use" and Section 108 privileges to make reproductions of substantial parts of these works. This not exactly the same as recovering genuinely "orphan works," where even the publishers don't know who owns the rights, but there is a significant number of out-of-print, in-copyright works that have been languishing simply owing to the economic decisions that the older printing technologies obliged publishers to make, which digital printing has rendered unnecessary any longer. Sandy Thatcher Penn State University Press >New, William. Questions Raised About Google Library Project's >Impact On Knowledge Access. Intellectual Property Watch. 26 >November 2008. > >"What has been heralded as a breakthrough in the digitisation of >human knowledge is also raising questions about how most humans >will access that knowledge, according to an expert in copyright >and the public interest." > >Full text at: > >http://www.ip-watch.org/weblog/index.php?p=1332 > >Bernie Sloan >Sora Associates >Bloomington, IN
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