This is an important question. 

Here is a related question: can third parties that were never involved in the 
creation of a work, either directly or through an agreed copyright transfer 
from the creator, claim copyright based on technological manipulation of 
copyrighted works? If not now, will we see this in the future?

Industry moves in this direction have been in the works for many years. One 
example is the WIPO Broadcasting Treaty (draft). As the Electronic Frontier 
Foundation explains it, "If adopted, the WIPO treaty will give broadcasters 50 
years of copyright-like control over the content of their broadcasts even when 
they have no copyright in what they show. A TV channel broadcasting your 
Creative Commons-licensed movie could legally demand that no one record or 
redistribute it—and sue anyone who does…(and) If that wasn't bad enough, some 
countries at WIPO have supported expanding the treaty to cover the Internet”. 
(from: https://www.eff.org/issues/wipo-broadcasting-treaty)

If this kind of copyright maximalism prevails, it is possible that all of the 
works the OA movement has made available for free could end up under the 
control of third parties such as internet service providers. 

I argue that we need to understand and advocate for good public policy to 
support a sustainable open access knowledge commons. This includes an open, 
neutral internet and fair and balanced copyright. On these issues, it makes 
sense to work with like-minded groups such as Electronic Frontier Foundation 
(to name but one - there are many). 


best,

Heather 


> On Jan 10, 2016, at 4:11 PM, Walker,Thomas J <t...@ufl.edu> wrote:
> 
>  
> I am trying to understand the business plan that Oxford University Press 
> (OUP) has for the subscription journals of the Entomological Society of 
> America (ESA).  In doing so,  I found notices of copyright on abstracts of 
> ESA articles from 1908 forward.  For example, see this abstract of an article 
> published in 1908 in ESA’s Annals: 
> http://aesa.oxfordjournals.org/content/1/3/179​.
>  
> You will see under the title of the article a DOI followed by “First 
> published online: 1 September 1908”, a claim that is difficult to square with 
> the history of the internet.
>  
> ·         Beneath the abstract is this claim to copyright: “© 1908 
> Entomological Society of America.”
>  
> Question:
>  
> Do those who make PDFs of journal articles that were never copyrighted have a 
> valid claim to a copyright of their PDF of the article?
>  
> Tom
> ============================================
> Thomas J. Walker 
> Department of Entomology & Nematology 
> PO Box 110620 (or Natural Area Drive) 
> University of Florida, Gainesville, FL 32611-0620
> E-mail: t...@ufl.edu     FAX: (352)392-0190
> Web: http://entomology.ifas.ufl.edu/walker/
> ============================================
>  
>  
> _______________________________________________
> GOAL mailing list
> GOAL@eprints.org
> http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal

-- 
Dr. Heather Morrison
Assistant Professor
École des sciences de l'information / School of Information Studies
University of Ottawa
http://www.sis.uottawa.ca/faculty/hmorrison.html
Sustaining the Knowledge Commons http://sustainingknowledgecommons.org/
heather.morri...@uottawa.ca



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