Greetings,

On Thursday, June 28, 2001, at 01:29 PM, Leslie Chan wrote:

While I am fully aware of the distinction between the "give-away"
literature
and the writing-for-fee literature, I can't help but wonder if the US
Supreme Court ruling (see below) will have implications for the
scholarly
literature, as publishers have been digitizing back issues of journal
articles that were published before the arrival of electronic
publishing and
before there were electronic rights for authors to give away. In other
words, could authors prevent publishers from digitizing the material
that
they do not have the electronic rights to, just as some publishers have
been
preventing authors from self-archiving? And what would this really
mean, if
anything?

This is the bottom line argument for why the APS insists on taking
copyright and giving authors back the rights they want rather than
the other way around.  Copyright law is well-established
internationally. Licenses to publish are not. In fact open
ended licenses (such as the ability to reuse the material in any
future format/product) are unenforceable in some countries (Germany
comes to mind). Without holding copyright, it would have been much
more difficult, if not impossible, for the APS to create our PROLA
archive covering all material back to 1893.

The issues isn't really who holds copyright - that is somewhat of
a red-herring.  The issue is what rights does an author have to do
what they wish with their own work. The APS copyright transfer
allows authors to retain the rights they naturally want without
impeding us to do what we need to do to ensure wide dissemination
and access.

Cheers,
Mark

Mark Doyle
Manager, Product Development
The American Physical Society

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