Re: Copyright: Form, Content, and Prepublication Incarnations

From: Leslie Chan <chan_at_utsc.utoronto.ca>
Date: Thu, 4 Dec 2003 21:59:03 +0000

I agree with Stevan's strategy in theory. The problem is that this is
not something provosts and library directors would support as part of the
institutional repository policy. If we want institutional legitimization
of eprint archives, we will also have to live with added red tapes and
bureaucracies. One of the reasons for the slow filling of institutional
archives is that few senior administrators have the courage to practice
what Stevan advocates. Or it is simply counter to how administrators
think?

Leslie Chan
Bioline International
University of Toronto at Scarborough
http://www.bioline.org.br/

on 12/4/03 7:17 AM, Bob Parks at bparks_at_wueconc.wustl.edu wrote:

> Stevan Harnad writes:
>
>> If they want to ask the rest, fine; but better still, do as the far
>> more sensible physicists did: self-archive, and decide whether or not to
>> withdraw only if and when someone ever asks!
>
> EXACTLY. Stevan you need to emphasize this point more. Although
> I am certainly not a copyright lawyer, my belief is that :
>
> Author posts the paper.
> Publisher does not complain - GREAT - we are on our way.
> Publisher complains - NOTE that in order to complain, the
> publisher really needs to determine whether the author
> has asked for permission. But the publisher can play the
> game and just ask for removal.
> Author removes but makes a public comment about it. My guess,
> after a few complaints, publisher alters course and allows
> posting.
> Author decides not to remove. Worst case - publisher sues for
> copyright violation. Publisher must show that the paper is
> in violation and that the violation caused economic harm.
> Certainly lawyers are good at making such arguments but making
> the economic harm case will be difficult.
>
> Hopefully we could get a defense fund or free labor from law schools
> to help the Author who was sued.
>
> My bet is that the publishers have much better things to do than to
> attempt shouting COPYRIGHT at authors (who supply the articles to
> the publishers).
>
> But post the papers, wait until somebody complains, request documentation
> for the complaint (that is make it costly for the publisher to go forward),
> and IF in the end the author wants to avoid suit, then retract the paper but
> make a public statement about the retraction.
>
> Bob
>
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Received on Thu Dec 04 2003 - 21:59:03 GMT

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