Re: Copyright: Form, Content, and Prepublication Incarnations

From: Bob Parks <>
Date: Thu, 4 Dec 2003 12:17:35 +0000

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
  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.


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| Department of Economics, Campus Box 1208 Fax: (314) 935-4156 |
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Received on Thu Dec 04 2003 - 12:17:35 GMT

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