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James Grimmelman sez,
The Associated Press -- which thinks you owe it a license fee if you quote more than four words from one of its articles -- doesn't even care if the words actually came from its article. They'll charge you anyway, even if you're quoting from the public domain.
I picked a random AP article and went to their "reuse options" site. Then, when they asked what I wanted to quote, I punched in Thomas Jefferson's famous argument against copyright. Their license fee: $12 for an educational 26-word quote. FROM THE PUBLIC FREAKING DOMAIN, and obviously, obviously not from the AP article. But the AP is too busy trying to squeeze the last few cents out of a dying business model to care about little things like free speech or the law.
Thanks to Bill Drew & Michael Sauers for the tip.
Full Paper [PDF]: The conventional rationale for copyright of written works, that copyright is needed to foster their creation, is seemingly of limited applicability to the academic domain. For in a world without copyright of academic writing, academics would still benefit from publishing in the major way that they do now, namely, from gaining scholarly esteem. Yet publishers would presumably have to impose fees on authors, because publishers
would not be able to profit from reader charges. If these publication fees would be borne by academics, their incentives to publish would be reduced. But if the publication fees would usually be paid by universities or grantors, the motive of academics to publish would be unlikely to decrease (and could actually increase) – suggesting that ending academic copyright would be socially desirable in view of the broad benefits of a copyright-free world. If so, the demise of academic copyright should be achieved by a change in law, for the ‘open access’ movement that effectively seeks this objective without modification of the law faces fundamental difficulties.
"Indeed, some of the most prominent online-based music retailers like Amazon and Apple sell without the stuff (the former never has, far as we know; Apple is more recent), but to hear the RIAA say it, especially after all the negative attention they've given themselves, well, it's quite something."
Advance registration for the webinar scheduled Wednesday, July 29, 2 pm ET Time – 60 minutes.
The webinar is being promoted for publishers, but hey, why shouldn't librarians attend too...sponsors are Google (of course), AAP and PW.
Here's Google's blurb about it:
"In a webinar first, the leaders involved with the crafting of the Google Library Project Settlement will share with the publishing industry the benefits of the agreement for publishers and authors. If approved by the Court in October, the agreement will create one of the most far-reaching intellectual, cultural, and commercial platforms for access to digital books for the reading public, while granting publishers unprecedented opportunities and protections. Presented in collaboration with Google, The Association of American Publishers, and Publishers Weekly, the web session is a must-attend event for publishers everywhere."
What happens to a book published posthumously? It seems a life can be written, edited, rewritten and reedited long after the author's death.
This is what's transpiring with Hemingway's posthumous memoir of his early days in Paris, “A Moveable Feast." Along with portraits of other famous ex-pats (F. Scott Fitzgerald and Gertrude Stein), it provides a heart-wrenching depiction of marital betrayal.
Much married, Hemingway's fourth and final wife Mary was the one who edited the first edition of “A Moveable Feast,” published by Scribner in 1964 (she became his widow upon the authors death in July 1961). She created a final chapter that dealt with the dissolution of Hemingway’s first marriage to Hadley and the beginning of his relationship with his second wife, Pauline, building some of it from parts of the book he had indicated he did not want included.
Early next month, Scribner, now an imprint of Simon & Schuster, is publishing a new edition of the book, what it is calling “the restored edition,” and this time it is edited by Seán Hemingway, a grandson of Hemingway and Pauline. Among the changes he has made is removing part of that final chapter from the main body of the book and placing it in an appendix, adding back passages from Hemingway’s manuscript that Seán believes paint his grandmother in a more sympathetic light. -- Read More
Chris Anderson, the editor of Wired magazine, copied portions of his forthcoming book, “Free: The Future of a Radical Price” from Wikipedia, without attribution. The passages were discovered by a reviewer for the Virginia Quarterly Review, who was reading an advance galley of the book, which is being published by Hyperion Books early next month.
You have a Kindle and you buy an e-book. How many times can you download that e-book? In other words can you download it to your Kindle once, but if you replace your Kindle can you download it again?
You don't know?
Well, turns out, Amazon doesn't either. And since the number of times that you can download varies from publisher to publisher and book to book, well, you can start to see the problem.
The New York Times has an update on the legal battle between 90-year old author J. D. Salinger and Swedish writer Frederik Colting (pictured below), author of “60 Years Later: Coming Through the Rye.” Colting claims that his novel is not a sequel to “Catcher in the Rye,” but rather “a complex and undeniably transformative exposition about one of our nation’s most famous authors, J.D. Salinger, and his best known creation, Holden Caulfield.” Salinger says "it is a rip-off, pure and simple".
Here is Colting's p.o.v. (legal documentation).
The worm has turned for author J. K. Rowling. Now she's been accused of plagiarism.
"The allegations of plagiarism made today, Monday 15 June 2009, by the Estate of Adrian Jacobs are unfounded, unsubstantiated and untrue," said a statement from Bloomsbury, which publishes Harry Potter in Britain.
"This claim is without merit and will be defended vigorously."
In an earlier statement, Jacobs' estate said that it had issued proceedings at London's High Court against Bloomsbury Publishing Plc for copyright infringement.
"The Estate is also seeking a court order against J.K. Rowling herself for pre-action disclosure in order to determine whether to join her as a defendant to the ... action," the statement read.
It named the estate's trustee as Paul Allen, and said that Rowling had copied "substantial parts" of "The Adventures of Willy the Wizard -- No 1 Livid Land" written by Jacobs in 1987. Reuters (Canada) reports.
ROARMAP is the Registry of Open Access Repository Material Archiving Policies. A note out on SERIALST this morning mentioned that sometimes Open Access policies are adopted by institutions but not made known. Librarians and others concerned by this can log policies of their institutions with ROARMAP so that a broader picture of prevailing policies can be painted.