If I were representing JSOR in this, I would be reluctant to do
business with people who plan in advance how far they will succeed in
finding legal justification for violating the intent of the contracts
they enter into. Publishers normally negotiate in good faith: they are
aware that there will inevitably be some use of the material beyond
whatthey bargain for, but they do not expect a planned effort by the
contracting organization to systematically violate--or encourage or
permit the violation-- of the terms of a contract.
Systematic downloading or republishing their material is explicitly
prohibited in their contracts, and the contracts of any other similar
distributor or publisher. It is fair that they do so. They have
digitized this content, beginning at a time when no other people were
prepared to take the economic risk of doing so, and when it was
entirely unclear whether it was either a technically or economically
feasible proposition. They rely on their revenues for continuing to
digitize further content.
Personally I feel they are somewhat over-rigid in their expectations,
especially in their unwillingness to deal with individuals for
individual article copies:I have told them so in public and private.
But that does not justify deliberately interpreting the contract in
a way they would not regard as reasonable. If we propose to republish
their material that is originally from PD sources, we must make
explicit arrangements to do so from the start.
On Sat, Dec 27, 2008 at 10:20 AM, Wily D <wilydoppelganger(a)gmail.com> wrote:
I discussed this matter at some length with User:Danny
a while back.
He was, of course, the point man in JSTOR's fight with the foundation
over [[JSTOR]], so his perspective might've been skewed, but we never
could come to an agreement as to whether JSTOR was doing this or not.
The user agreement contains some delightfully vague language which I
believe acknowledges that you can do whatever you want with public
domain documents in a fashion that prevents you from acccidentically
gleaning this.
How much, and in what fashion, they'd object to taking documents off
there that are PD, I don't know, but I suspect the only way to find
out would be to just do it and see.
Cheers
Brian
On Fri, Dec 26, 2008 at 2:39 PM, <WJhonson(a)aol.com> wrote:
<<In a message dated 12/26/2008 11:33:04
A.M. Pacific Standard Time,
mbimmler(a)gmail.com writes:
"I believe if you look into JSTOR's pre-1928
documents, you will immediately find that they are assessing dubious
copyright" and "Could you elaborate on this and supply a specific
example?" could be formed in much nicer words>>
-----------------
Although if you look at the history of this thread, you will see that I did
ask for a specific example.
Now that we know of this non-issue let's explore it a bit more.
IF I take a photograph, or even "digitize" (scan) a print document, I own
the copyright to what *I* have done.
That does *not* give me an automatic copyright to the underlying work *of
someone else* and this is the key point here.
If I take a picture of the Declaration of Independence under glass at the
National Archives, I gain a copyright to my image. That does NOT give me a
copyright to the actual underlying document that I've imaged. If I take a
picture of the Lincoln Memorial, I gain a copyright to my image. Not to the item
imaged.
My copyright to my image whether paper or digital, whether glossy, flat, or
airbrushed. Any derivative work based substantially on my image, in such a
way as to deprive me of income from my image, etc etc etc.
This, as I'm sure we're all aware, does not, in any way, prevent anyone from
taking SAID image (even), extracting all the text from it, and then
presenting it as the original PD document (in plain text not as an image).
SHOULD you not be so lazy as to actually get your own copy of said original
PD document, I'm sure you'll sleep much sounder.
I however won't be limited by that level of silliness.
Now can we move on?
Will Johnson
**************One site keeps you connected to all your email: AOL Mail,
Gmail, and Yahoo Mail. Try it now.
(
http://www.aol.com/?optin=new-dp&icid=aolcom40vanity&ncid=emlcntaol…)
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