Copyright,E-books and the Unpredictable Future

The shift to e-books and digital publishing is challenging the basic models of copyright and contracts that underlie the functioning of book publishing—a mature business with 500 years of history—making it hard to predict what shape the business will take in the years to come. This article looks at two of those challenges: first, the tension between a fast-changing technological marketplace and the standard book contract that locks in book rights for life of copyright; and second, the specific complications presented by image rights. There are, however, first steps being taken to allow books to make the transition to the digital marketplace with all their rights information intact and easily accessible, facilitating future transactions between agents, publishers, and new trading partners. The final section looks at the work begun by the Book Industry Study Group to create a standardized rights framework for this purpose.     

A research agenda for libraries

The author proposes a research agenda for libraries focusing on ten problem areas: rising costs, shrinking funding, electronic provision of services, deterioration of materials, use of document delivery services, changes in copyright and licensing, out-sourcing, staff training, organizational challenges, and redefining the library’s role.     

美国高校图书馆开展MOOC版权服务的实践及启示——以杜克大学图书馆为例

MOOC在高校的快速发展,给高校图书馆带来了机遇和挑战,由于MOOC对于开放存取的要求更高,也就产生了很多版权许可问题,高校图书馆如何为老师提供相关的服务呢？文章介绍了杜克大学图书馆在开展MOOC版权许可服务方面的实践和创新,并对提供服务的效果进行总结,希望对国内图书馆开展MOOC版权服务提供借鉴。     

Editorial decision making: Risk and reward

The most critical decisions—whether or not to invest in a publishing project—are made with inadequate analytical infrastructure. Much time is consumed in obtaining the view of generalists within the company in second-guessing the decisions of those who really know the market—the editor and the author. Decisions are made on the basis of “title P&Ls” when individual titles do not make a profit or a loss—only businesses do. Little attempt is made to assess relative risk and the most crucial element for most businesses, cash, is hardly considered. Editors and publishers need new tools to support their decision making process. Mike Shatzkin is co-chairman of the VISTA Editorial Board. His Idea Logical company produces content for Sportsline USA web sites. Address for correspondence     

政府信息著作权授权的新路径——“开放内容授权”模式研究

通过对我国政府网站著作权管理现状的调查,分析当前我国政府信息著作权授权存在的问题。在此基础上,对“开放内容授权”模式的内涵和特点进行阐述,分析政府信息著作权授出适用该模式的制度优势。在借鉴英国实践经验的基础上,提出我国政府信息资源开发中著作权管理的开放策略。     

论著作权集体管理对国内英文学术期刊的意义

在越来越多的新兴国家参与世界学术出版的背景下,其著作权管理能力与西方发达国家的差距变得不可忽视。文章揭示了国内英文学术期刊在著作权管理中的问题,指出在信息时代建立国内的著作权集体管理制度以监管国内英文学术期刊著作权的必要性和优势。将著作权集体管理立足于国内,提出了改进的著作权责分配方式,帮助小型出版机构深入地了解更平衡的国际出版合作关系。     

我国数字图书馆版权强制许可制度研究

我国《著作权法》及《信息网络传播权保护条例》等法律法规的规定,使数字图书馆建设步履维艰,因此有必要为数字图书馆版权授权提供一种切实可行的途径。强制许可制度的实行,则是弥补数字图书馆版权授权的一种较理想的途径,强制许可使权利人获取适当补偿,而利用者可以获得进入市场的机会,是作品利用机制中存在交易成本和反竞争行为的情形之合理选择。     

开放内容许可及其对数字文化产品共享效果的影响

[目的/意义] 传统版权保护（ARR）模式在数字文化产品传播过程中越来越受到挑战,本文旨在分析和检验开放内容许可（OCL）对数字文化产品共享效果的影响,探索有利于文化产品创新和数字资源共享的新途径。[方法/过程] 分析开放内容许可及其在合法分享中的应用问题,以开放音乐为例,提出影响数字音乐传播与共享的研究模型。利用SoundCloud开放音乐分享平台数据,采用对比分析法将样本按照共享模式分为ARR组和OCL组,提取下载频次和播放频次两个测量共享效果的变量,并对样本数据进行统计分析。[结果/结论] 统计结果显示：无论是下载频次,还是播放频次,OCL作品都显著超过ARR作品。相比仅采用版权保护,开放内容许可更有利于数字文化产品的传播与共享。OCL是目前解决非法分享、激励文化创新和促进数字资源共享的有效途径。     

In what are we trading? Authors' rights and publishers' rights in traditional and digital media

This article surveys the current copyright situation, and the changes that have recently taken place, or which are still under discussion, to take account of the new challenges of the digital environment. A suggested hierarchy of prime and subsidiary electronic rights is outlined, and some significant developments in both licensing and electronic rights trading are discussed. Publishers and authors are urged to find new ways of licensing in the digital environment, if they are to avoid an environment of ‘limitations, exceptions and compulsory licensing’, which would not be conducive to a flourishing digital economy.     

Copyright complicance in the electronic age: Conceptual issues

This article focuses on several conceptual and structural issues that are central to copyright compliance in the electronic age. It presumes the development of a national electronic network for storing, organizing, accessing, managing, and charging for information. The article first discusses the implications of constructing a comprehensive electronic “highway,” or Digital Library System (DLS), which would link information to the widespread community of users. It then presents the ramifications of a highly decentralized set of subsystems serving rights holders and users, linked by protocols established by the DLS. A discussion of the implications of digital interchangeability for copyright follows. The article ends with an analysis of alternatives to existing intellectual property rights conveyance systems, and concludes that current ownership structures, and systems for conveying rights and royalties, will remain the foundation for copyright in the electronic world. This article appeared in a slightly different form in theProceedings of the Twelfth National Online Meeting—1991, and is published here with the permission of Learned Information, Inc., Medford, N.J.     

面向数字图书馆的扩展性集体管理制度探究

文章在从数字图书馆和著作权人两个角度讨论传统著作权集体管理制度在网络时代面临挑战的基础上,认为北欧国家的扩展性集体管理是一个与时俱进的解决方案。据此,简要概述了扩展性集体管理的发展现状,并分析了将该制度应用于数字图书馆的可行性。最后,结合我国的实际情况从适用范围、执行组织的指定、“退出”程序、争议解决、费用分配程序和使用条件等六个方面构建了一个具有较强实用价值的面向数字图书馆的扩展性集体管理制度框架。     

Publishers,United States foreign policy and the third world, 1960–1967

One phase of the United States government's attempts to counteract the Soviet psychological offensive in the 1960s was the forging of a partnership with U.S. publishers. Within that framework, the United States government rectified its tainted record on the international flow of information by legislating the Florence and Beirut Agreements; revised its attitude towards international copyright legislation, sorted out issues confronting the American book industry abroad, and consolidated U.S. government agencies' book activities. The aggregate activities unfolding within that banner culminated in the United States' adoption of the National Policy on International Book and Library Activities in 1967—a policy which was never fully implemented. Those 1960s initiatives constitute a framework for formulating a post-Cold War cultural relations policy. Rosemary Ntumnyuy Mokia earned a Ph.D in Library and Information Science from Indiana University. She has worked as a librarian at the University of Yaounde Library (Cameroon, West Africa) and is currently an acquisitions librarian at Grambling State University.     

科技期刊数字出版国际合作版权实践策略

在广泛梳理科技期刊数字出版国际合作3个不同阶段(合作前期、合作期间及合作期届满后)可能涉及的权利人、权利转让与许可授权事宜的基础上,结合中国科学院科技期刊国际合作实践以及国际出版商版权战略调研,从版权法理角度入手对科技期刊数字出版国际合作中涉及的重点版权谈判问题进行剖析,探讨并归纳出科技期刊出版单位开展数字出版国际合作时应当注意的版权谈判最佳实践策略。     

Rallying Point: Lewis Michaux’s <Emphasis Type="Italic">National Memorial African Bookstore</Emphasis>

Michaux’s National Memorial African Bookstore, Harlem, NY, was the epicenter of black literary life and bookselling, 1933–c.1975. Michaux migrated from Virginia to escape farm work and his brother’s evangelical church, opting instead—despite the lack of formal education—to become a trafficker in ideas, through bookselling. A self-styled Garveyite, Michaux advised Malcolm X, though he never joined the Nation of Islam or advocated revolution. The bookshop—with a huge inventory of books about black experience and spearheaded by the charismatic bookseller (known as “The Professor”)—attracted a loyal clientele, championed famous writers and artists, and hosted international leaders (especially Africans). A rallying point for political speeches, often delivered in front of the store, in its period, there was no other black bookstore in America with Michaux’s influence.     

Copyright and Intellectual Property: What You Need to Know

In this session of the NASIG and Society of Scholarly Publishing joint program, a panel of lawyers conversed on topics related to the creation of copyright policy that impact both librarians and publishers. The topics chosen were selected to highlight areas of possible controversy between librarians and publishers. Dialogue centered on the concepts of international first sale, fair use, licensing and mass digitization, library exceptions, possible revisions to sections of the U.S. Copyright Act, and the relationships between accessibility issues and copyright. Through conversational style discussions the panelists conveyed to the audience that achieving balance in copyright law is challenging and the process often creates constructive tension among the rights of stakeholders.     

试论数字图书馆的版权问题

解决数字图书馆的版权问题要正确处理图书馆主体性质与法定许可的关系，合理化解强化版权保护和扩大合理使用范围的矛盾，健全从单独授权向版权集体管理转化的法律机制。     

Copyright and the publisher in a market economy

The four corners of the copyright system are the security in law of the creator; the markingout of the publisher's role as “producer”; the balance of the interests of copyright owners with those of copyright users; and enforcement of rights. To advance the system, publishers must make an economic case for copyright, explain what they actually do, publish about themselves, educate one another, and develop and exploit specialist knowledge.     

What publishers need in international copyright treaties

Publishers may reasonably expect international copyright treaties to (1) assurerecognition of publishers' contributions to literary works, (2) provide legal and politicalsecurity in the preservation of exclusive rights, (3) maintainpredictability in the contours of international commercial life, (4) establish standards ofenforcement, (5) beadaptable to rapidly changing technologies, and (6) conveydirection so that the copyright monopoly serves rather than subverts the values of free expression. Jon A. Baumgarten is a partner in Proskauer Rose Goetz & Mendelsohn, Washington, D.C., New York, California, London, Paris, and Brussels. He is a former general counsel, U.S. Copyright Office, and serves as copyright counsel to the Association of American Publishers. The views expressed here are the writer's and do not necessarily represent positions of the AAP. This article was adapted from a presentation at the seminar “East Meets West: Copyright and the Publisher in a Market Economy”, Hamburg, March 1991.     

"十一五"期间版权输出与引进研究述评

十一五期间中国版权贸易逆差仍然严重。以版权输出与引进为经线,梳理、评论我国出版界与学术界对版权输出与引进存在的问题、版权引进原则与策略和文化安全的学术观点。     

Children and Young Adult Readers in Morocco

The development of the publishing industry for children and young adults is very recent in Morocco. Indeed it was in the 1980s that people became aware of its importance for future generations. The first national publications were mainly in Arabic language, stories were very short, books were of paperback format and the subjects were very much dominated by moral, social and religious didacticism. In the late 1990s, publishers started being more and more concerned with the appearance of the book (size, cover, illustrations, topic, etc.) and there are nowadays two publishers specialized only in children’s books—Yanbow al Kitab and Yomad—who produce books that respond to international norms. They are both very active in promoting reading and especially allowing children from disadvantaged social backgrounds to have access to books, price being a main constraint for those children. But there is still a lack of publishers specialized in children’s books in Morocco (two publishers for the whole country), not enough pleasant reading spaces and no real government policy to allow mass access by making books cheaper.