Thursday, April 17, 2008

'Harry Potter' Author J.K. Rowling's Copyright Case: What Is Fair Use? - News Story | Music, Celebrity, Artist News | MTV News

 'Harry Potter' Author J.K. Rowling's Copyright Case: What Is Fair Use? - News Story | Music, Celebrity, Artist News | MTV News

"Of all things a very good explination of fair use and its from someone at MTV" -- HSM

'Harry Potter' Author J.K. Rowling's Copyright Case: Behind All The Legal Jargon

Case against 'The Harry Potter Lexicon' hinges on the doctrine of fair use — but what does that mean?

By Shawn Adler

It's a setup that could find a place in "Harry Potter" itself: One is powerfully magical, learned in the ways of witchcraft and wizardry, in control of an empire that spans generations and continents. The other is a boyish figure, whose large, round glasses and mop of dark hair dominate a childish face.

It's unofficially a duel between the richest, most successful author in the world and a 50-year-old librarian, but the case of J.K Rowling v. RDR Books, now playing out in a federal court in New York, doesn't hinge on magical knowledge, superior weaponry or even powerful friends, but on a somewhat-complicated U.S. law known as the doctrine of fair use.

So what, exactly, is fair use, and why is Rowling arguing in court that "The Harry Potter Lexicon" breaks the guidelines established for it to work? And why can we quote liberally from "Harry Potter," at seeming random if I like ("Nitwit! Blubber! Oddment! Tweak!"), while Steve Vander Ark is being enjoined from doing what, at face value, appears to be the very same thing?

The answer lies in a piece of legislation only 30 years old and the four provisions it outlines as the foundation of fair use.

First, to understand the case, it's important to understand the basic principles of copyright law, a constitutional right that essentially grants artists and inventors exclusive rights to their writings and discoveries. As the author of the seven "Harry Potter" novels and their two companion books, that right, in this case, naturally belongs to J.K. Rowling.

But like most rights, even constitutional ones, that principle is not absolute. Under the Copyright Act of 1976, others are allowed to incorporate copyrighted materials "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research." When we quoted "Harry Potter" above, our use clearly fell into the category of "news reporting" and was therefore not a breach of copyright law.

The central issue of the court case is whether "The Harry Potter Lexicon," an encyclopedic reference of all things Potter, falls into any of the above categories as well.

To determine whether or not it does, the court will use four main guidelines:

1. The "purpose and character of the use." In simple terms, this boils down to an opinion on whether the work is "transformative," meaning, does it add to the culture's appreciation and/or knowledge of a work, or does it merely seek to supersede the original?

This is the point of contention most argued in the court case, with lawyers for Rowling insisting that "Lexicon" "takes too much and does too little." In other words, it adds little or no commentary or criticism.

By way of example, take our recent shot-by-shot analysis of "The Dark Knight" trailer and assume it wasn't for a news organization. The article was a second-by-second look at the trailer — there's not a copyrighted shot that we didn't describe in detail or, in some cases, pull for readers to view. But each shot was then obsessively dissected, and the hope, of course, was that we added to the discussion of the work while not superseding the original. Writing about the trailer didn't stop anyone from actually watching it.

Rowling's lawyers argue that "Lexicon" does not meet that burden, that it is in no way transformative but is merely derivative. It simply "rearranges the furniture of Rowling's novels," attorney Dale Cendali said in her opening statement.

The defense, meanwhile, argues that the value of the book far outweighs its use of copyrighted material.

Under this guideline, a judge may also take into account the profit motives of a particular work. Hence, the repeated questions in court Monday over whether "Lexicon" was more a money grab or a "passion" project.

2. The "nature of the copyrighted work." Is it fiction or nonfiction, published or unpublished? This guideline isn't particularly applicable in this case, as nobody argues, for instance, that Dumbledore or Harry Potter are in any sense "real."

In testimony Monday, Rowling touched on this when comparing a description she wrote of a "Chinese fireball" with one from "Lexicon," stating that it wasn't as if they were both describing giraffes. "It's not as if we are describing something that exists outside my imagination," she said.

Interestingly, under this guideline, if Rowling actually had a written copy of her long-promised "Harry Potter Encyclopedia," it might be afforded protection even though it was unpublished.

3. "The amount ... of the portion used in relation to the copyrighted work as a whole." How much of the whole text appears in the work? Generally speaking, the less you use, the more likely that it's fair use, but of course there are instances in which you can quote the entirety of something and get away with it.

At its most basic, this guideline asks whether or not a user takes only the material needed for his or her intended purpose. Vander Ark's purpose, of course, is to be a comprehensive compendium of all things Potter, so naturally he's going to be taking a lot.

4. What is the effect of the use on potential market value? Will the publication of "The Harry Potter Lexicon" take away from sales of "Harry Potter" or stop anyone from seeing the movie, buying toys or going to the soon-to-be opened theme park? Almost certainly not, of course. But it's an avenue Rowling's lawyers are exploring in earnest. This was especially evident in Rowling's testimony. "This trial has decimated my creative work over the last month," she said. "You lose the [plot] threads and worry whether you'll be able to pick them up again. Should my fans be flooded with a surfeit of substandard books — so-called lexicons — I'm not sure I'd have the will or heart to continue."

In consideration of this guideline, courts ask: Is the work a direct substitute? (It would be, if Rowling had written her own encyclopedia.) They also ask: Could potential harm exist beyond being a direct substitute? (It could if Rowling didn't write her own encyclopedia.)

'Harry Potter' Author J.K. Rowling's Copyright Case: What Is Fair Use? - News Story | Music, Celebrity, Artist News | MTV News

St Michael’s Anglican Cathedral, Wollongong » Christians and Copyright

 St Michael’s Anglican Cathedral, Wollongong » Christians and Copyright

Christians and Copyright

Communication technology has made wonderful and startling advances over the last few decades. But alongside the rapid rise in the easy availability of mobile phones, MP3 players, media streaming, etc., there has also been a corresponding increase in the illegal copying of proprietary material. Because it’s so easy to copy music, images, text and videos created by somebody else without their permission, and because it’s almost impossible for individuals to get caught or prosecuted, people (including many Christians) are doing it often, in different ways, everywhere. Last night, I almost copied a mobile phone ring tone from one phone to another—and then realised that it was copyright! How should Christians think and act in regards to copyright? Here are a few pointers.

Firstly, we must remember Jesus’ teaching about God’s law. In Matthew 5, we learn that being God’s Sons is about more than just keeping the bare minimum of the law—it’s about loving what God loves, and being committed to God’s desires as a child of a loving heavenly Father (e.g. Matt 5:14-16). So, for example, the commandment ‘Do not commit adultery’ isn’t just a bare rule. It shows God’s children that God loves faithfulness, so we realise that even flirting or lust is wrong (Matt 5:27-38). In the same way, the law ‘do not steal’ (Exod 20:15) is about more than burglary. God’s children should seek the maximum, not the minimum, application. For example, if somebody has created written material or other media and has not given express permission for it to be published, it is their property. If you copy it without their permission, you are doing the equivalent of shoplifting or burglary—in God’s eyes, you are taking from somebody else. Don’t try to justify your behaviour, or explain it away. Act as a child of God, and do what God loves.

Secondly, copyright is the law of our nation, and breaking copyright is against the law. The apostle Paul reminds us in Romans that Christians are still subject to the governing authorities:

Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. (Romans 13:1-2 NIV)

A common objection is that copyright is an outmoded concept that hasn’t kept up with advances in technology. It can be argued that copyright laws don’t work; they merely prop up rich multinational corporations and stifle the free exchange of ideas. This may well be true in some areas. However, as Christians, our response to injustice must never be to simply break the law. Points one and two above still hold: we must not steal, and we must submit to the governing authorities, even where they are imperfect (see also 1 Peter 2:13-20ff). In God’s providence, there are many ways for Christians in Australia to rightly and legally address injustice. If you are concerned about the injustice of copyright laws, then get informed, join or form a lobby group, write letters to your local member. But until the law changes, do not break it. Pay for the material, or put up with the fact that you can’t have it. Surely, acting like a child of God is worth a bit of inconvenience.

Finally, a word to younger people. Refusing to break copyright on images, movies, MP3s, etc., will most likely make you stand out starkly from your friends. It will make you seem freakish, strange and may even ostracise you from your peer group. In other words, it is one of the obvious ways that you can show that you are actually serious about being a Christian. Keep in mind the words of Jesus:

Blessed are you when people insult you, persecute you and falsely say all kinds of evil against you because of me. Rejoice and be glad, because great is your reward in heaven, for in the same way they persecuted the prophets who were before you … You are the light of the world. A city on a hill cannot be hidden. Neither do people light a lamp and put it under a bowl. Instead they put it on its stand, and it gives light to everyone in the house. In the same way, let your light shine before men, that they may see your good deeds and praise your Father in heaven. (Matthew 5:11-16 NIV)

Warmly in Christ,
Lionel Windsor

St Michael’s Anglican Cathedral, Wollongong » Christians and Copyright

Monthly Weather Review Editors' Blog: Scare tactics by publishing companies

 

Scare tactics by publishing companies

As I have been describing in this blog, publishing companies are afraid of open-access journals and other open-access bills being considered by Congress. One of their arguments is that open access will harm the peer review process.
Such undue government intervention in scholarly publishing poses inherent risks and problems, including:

  • Threats to the economic viability of journals and the independent system of peer review
  • The potential for introducing selective bias into the scientific record


"Open access" does not equal "no peer review." That is one of the distortions that the publishing companies use to scare Congress into killing reasonable bills that allow taxpayer-funded research to be accessed for free.
In fact, the highest ranked journal in the atmospheric sciences in terms of impact factor is Atmospheric Chemistry and Physics, published online only by the European Geosciences Union. The journal has a unique peer review process. You submit the paper, and after an initial assessment of quality by an editor, gets posted online for all to read and comment upon nonanonymously. At the same time, anonymous peer reviewers assess the manuscript. After a specified time, the author then must respond to all comments, anonymous and nonanonymous. The manuscripts at ACP eventually get published or rejected, as we do. Page charges are smaller than the AMS (covering web hosting, etc.), rejection rates are only 16%, and there is no cost to access the article. Therefore, the author pays all charges. The readers pay nothing to read the article. This is why open access is so popular among scientists. How many articles would you be able to read online if you didn't have to pay? I know I would read a lot more.
The AMS sits somewhere in between big publishers and open access. The articles are restricted to subscribers for five years, after that, they are free to everyone. That, in my opinion, isn't a bad option. Some journals will allow their otherwise restricted articles to be open access. For an extra $1000 or so in page charges, authors can make their published article free to everyone, not just journal subscribers.
Although I am not a total fan of e-publishing for some contexts, open access is one thing I cheer loudly for. As a fan of science, so should you.

Monthly Weather Review Editors' Blog: Scare tactics by publishing companies

Wednesday, April 16, 2008

First Author » Blog Archive » What can Universities do to Promote Open Access?

 

What can Universities do to Promote Open Access?

Steve Harnad’s American Scientist Open Access Forum recently gave an excellent review of Peter Suber’s talk, and the audience discussion, entitled “What Can Universities Do To Promote Open Access?” at Harvard’s Berkman Center for Internet and Society. Harnad outlined 8 key points of Suber’s lecture, as described below, and proceeded to add his own extended commentary. First author highly recommends visiting Harnad’s original posting, but below is a summary of the summary!

1) Journals versus Books: Suber described the varied application of OA mandates to journal articles and to scholarly book chapters. As expected OA at the moment only applies to journal articles that authors are entitled to give away.
2) Versions and Citability: Here, Suber pointed out that although the publisher’s final and official PDF is always what is cited, the ‘postprint’, in the form of the final, post-peer review, accepted version, is equally useful to researchers.
3) First OA Self-Archiving Mandate: Suber alluded to the Queensland University of Technology’s first institution wide OA mandate, though Harnad pointed out that Southampton University’s School of Electronics and Computer Science actually declared the earliest OA mandate.
4) Probability of Author Compliance with OA Self-Archiving Mandates: Suber discussed the Swan & Brown’s author surveys, which found that 95% of authors would comply with an OA self-archiving mandate, including over 80% willingly. The same was true of Arthur Sale’s data on actual mandate compliance rates.
(5) Deposit Mandates vs. Copyright-Retention Mandates: Suber discussed the technical differences between these two descriptions. NIH’s is not a copyright-retention mandate. It is a no-opt-out deposit mandate plus a no-opt-out requirement to negotiate with the 38% of journals who don’t endorse immediate OA, so as to be able to make the deposit OA within a year. Harvard’s is a copyright-retention mandate, with opt-out.
(6) Mandate Implementation Mechanisms: Peter noted that there are currently no sanctions on deposit mandates, only administrative incentives and contingencies. The open access repositoryhas beens made the official locus for submitting publications to be assessed for performance review.
(7) Peer Review, Journals and Repositories: Peter discussed the differences between much OA lingo. Journals provide peer review; IRs provide access to peer-reviewed postprints. The issue of IRs providing peer review is a red herring (raised by others, not Peter).
(8) Journal Weighting in Researcher Performance Evaluation: Finally, Suber made the point that the credit and weight accorded for publishing in a given journal in a researcher’s performance evaluation should not be changed due to new OA regulation. Performance evaluation should still depend only on the journal’s track-record for quality, not on its OA policy or status.

First Author » Blog Archive » What can Universities do to Promote Open Access?

Coursepack sharing: An idea whose time has come? « Everybody’s Libraries

 

Coursepack sharing: An idea whose time has come?

Filed under: copyright, open access, sharing, teaching — John Mark Ockerbloom @ 2:16 pm

For years, there’s been an uneasy truce between publishers and universities about the inclusion of copyrighted materials in universities’ online course web sites and “courseware” systems. Publishers and universities have been arguing for years over when posting such materials for courses is fair use, and when it requires permission and payment. While legal threats have sometimes been made or implied, involving universities like Cornell and UCSD (see this Library Journal article from October for background), the parties involved have tended eventually to either climb down or settle. (Cornell, for instance, negotiated an agreement with publishers in 2006.)

That general truce broke down this week, though. Three major academic publishers, with the backing of the Association of American Publishers, have sued Georgia State University officials over GSU’s postings of parts of their publications in their campus Blackboard and WebCT courseware systems. The plaintiffs contend that the posting of full chapters and lengthy excerpts in GSU’s courseware system is copyright infringement, not fair use, particularly when the Copyright Clearance Center offers licenses for many of those readings. I have not yet found a response from GSU.

At the same time, there’s been an increasing movement for university scholars, the authors of many of these course readings, to make their works freely available online, open for reading and reuse. Open Access News has recently posted summaries of recent open access mandates from bodies like NIH and Harvard, and of open textbook initiatives. The open courseware movement, where professors freely share their own course materials with the world, is also gaining steam, with many universities now offering open courseware sites, and a conference being held in China later this month to further extend the scope and reach of free course materials.

These two trends, combined, could lead to some interesting outcomes. If schools, for whatever reason, want to eliminate or minimize payment and permission requirements for course materials, and a growing body of literature potentially useful for course materials is openly available, then we can expect to see schools move towards building coursepacks made entirely, or mostly, of open access materials. They are therefore motivated to find, and build, systems for easily compiling such coursepacks.

Right now, it can be difficult to find suitable open access readings for a class you’re planning on teaching. Tools like OCWFinder help, but they’re more geared towards finding specific existing courses with open access materials (which might be no more than a syllabus and a few assignments in some cases) than finding specific open access readings that might be suitable for a planned course.

But in a world that’s brought us global content sharing systems like Flickr, CiteULike, and PubMedCentral, it’s not that much of a stretch to imagine systems that would let instructors provide and share open access course readings more readily. A well-designed, browsable and searchable repository of such readings could provide a convenient way for professors to upload, organize, and disseminate open coursepacks for their students (”Just go to the OpenCoursePacks website, and type in the name of my course”, they could say). The same site could also let profs could tag, annotate, and recommend their readings, thereby making it that much easier for other professors to find and include suitable open access content in their own coursepacks. With a good design, and suitable scale and interest, a coursepack sharing site could make a lot more good instructional material widely and freely used and shared.

Will that happen? I don’t know. But it’s an intriguing idea, I think, and perhaps someone could run with it, or something like it. Perhaps someone already is.

Coursepack sharing: An idea whose time has come? « Everybody’s Libraries

Periodicals Price Survey 2008: Embracing Openness - 4/15/2008 - Library Journal

 

Periodicals Price Survey 2008: Embracing Openness

Global initiatives and startling successes hint at the profound implications of open access on journal publishing

By Lee C. Van Orsdel & Kathleen Born -- Library Journal, 4/15/2008

They have argued about it for years. It's been touted as the liberator of information that wants to be free, the arbiter of shared intellectual property rights, and an engine that can drive discovery, invention, cures, and economies. It has also been vilified as an assault on capitalism, a catalyst for the collapse of responsible publishing and the rise of junk science, and a naïve invention of some pointy-headed idealists who have no idea how the real world works. “It,” of course, is open access (OA).

Evidence for open access as an emergent, global state of mind is everywhere. The New York Times went “open” last September, and the Wall Street Journal is slated to follow. Increasingly, scholarly communities are breaking with tradition and calling for the open sharing of research, software, and data. In amongst these global initiatives is the campaign to provide open access to the results of research that is funded with public dollars. That campaign has produced a series of startling successes in recent months, with potentially profound implications for the journal publishing industry.

First came a long-awaited mandate, signed into law on December 26, requiring the National Institutes of Health (NIH) to provide open access to grantees' peer-reviewed research articles within 12 months of publication. As blogs hummed with speculation about how libraries would be affected and whether publishers would take it to court, another shoe dropped. The European Research Council announced the first European Union (EU)–wide mandate on January 10, calling for grant recipients to put research articles and supporting data on the web within six months of publication. As that news was being absorbed, 791 universities in 46 European countries voted unanimously to endorse OA mandates for faculty at their institutions and to support other mandates for access to publicly funded research.

The OA tsunami crested on February 12. In a move few anticipated, Harvard's Faculty of Arts and Sciences voted unanimously to give the university permission to post their scholarly articles in an institutional repository. The policy requires faculty to retain the right to archive their peer-reviewed manuscripts when signing publisher agreements (though faculty can get a waiver by asking for it in writing). About two-thirds of publishers already grant such permission. The one-third that don't currently allow self-archiving will find themselves in a tough spot—conform to the mandate or lose the work of Harvard authors. Harvard's is the first university mandate in the United States and the first anywhere to be initiated by faculty rather than administrators. Therein lies its importance. Through its mandate, Harvard faculty voted for more control over their work and for the right to use and share it widely as a social good.

Alternatives on trial

On other fronts, the pace of publisher experimentation with open access and other alternative publication models picked up a bit in 2007, with CERN's SCOAP3 project attracting the most attention. A few journals with interactive, Web 2.0 features were launched by large commercial publishers. The number of hybrid OA journals grew, and their overall efficacy as a transitional model seemed more certain. We also saw experimentation on a smaller scale, with publishers looking for better/simpler journal pricing models and ways to trim the cost of sales. Like their library customers, publishers continued to grapple with the costly practice of running dual systems for print and online. Rumors of mergers persisted—Elsevier and Kluwer Health, Springer and Informa/Taylor & Francis, Springer and CSA/Proquest—and were persistently denied by company spokespersons. There was little relief to be had from the high cost of journals, with Oxford University Press offering the rare exception when it used income from author fees to reduce subscription costs in its hybrid journals for the second year in a row, just as it promised.

This year's Periodicals Price Survey will look at these and other issues shaping today's journals marketplace. Three Institute for Scientific Information (ISI) databases—Arts and Humanities Citation Index, Social Sciences Citation Index, and Science Citation Index—provide the titles used in the study. In addition, we include data on titles in EBSCO Publishing's Academic Search Premier. The data are limited to prepriced titles (as opposed to standing-order or bill-later titles) that can be ordered through a vendor and are current as of February 8, 2008.

A really big mandate

The NIH mandate made news both because of its size and because NIH sponsors the best-known OA database of high-end medical research in the world, the National Library of Medicine's PubMed Central. NIH dispenses $29 billion a year in grants, resulting in some 80,000 journal articles that are coveted by STM journals for their prestige and impact. Those STM publishers that reportedly sank millions into lobbying against the mandate have been quite vocal in their criticism of it.

Before NIH even posted its operational guidelines, statements from theAmerican Chemical Society (ACS), Professional/Scholarly Publishing division of the Association of American Publishers (AAP/PSP), and International Association of Scientific, Technical, and Medical Publishers condemned the measure, claiming among other things that it takes away the intellectual property rights of publishers without compensation and threatens the practice of peer review.

The facts, please

Guidelines published by the NIH describe a different reality. Adherence to copyright law is required. A grant recipient receives public monies to conduct research in a health-related subject. In exchange, the recipient agrees to post in PubMed Central the author's final copy of the peer-reviewed manuscript that has been accepted for publication. The deposit happens immediately so metadata can be created to aid discovery by other researchers. The text of the article, however, is embargoed for up to 12 months in respect to the publisher's investment. The policy says nothing about publishers or their business models. In fact, publishers are not involved in NIH grants until the very end of a long process of research and writing and then only by choice. It is hard to see how publishers can contest the measure on legal grounds. At most they may delay its implementation by request for judicial review. Based on the recent run of anti-OA PR campaigns that backfired, it is sure to be an interesting process.

When Harvard speaks...

The terms of the Harvard decree are similar to those of the NIH's, but publisher response is more muted—perhaps because it was created by the very scholars whose manuscripts fuel the current publishing system. For years, scholars like these have unhesitatingly signed agreements that transfer virtually all copyrights to their publishers. Publishers benefited financially from the ownership of these rights, which they guarded on behalf of both the authors and themselves. The new edict threatens the traditional order of things, but in so prestigious a setting and with such lofty idealism that it is hard for publishers to criticize. If other universities follow suit, the Harvard mandate may well end up as a for-profit publisher's biggest nightmare—the hole in the dike through which a deluge may pour.

A fiasco called PRISM

Active resistance to legislative mandates for access to publicly funded research is a priority for some society and commercial STM publishers, and lobbying efforts are directed not just to scholars but also to governing bodies in the United States and Europe. Sometimes their efforts backfire. PRISM, the Partnership for Research Integrity in Science and Medicine, was launched by the AAP/PSP. Its intent was to discredit a legislative proposal that would make all research funded by large federal agencies open access, like the NIH mandate but far larger. The PRISM web site was rolled out in August 2007.

Following the advice of a hard-line PR consultant, rhetoric on the site equated peer-review with traditional publishing, traditional publishing with the protection of scientific integrity, and open access with junk science. Reaction from researchers around the world was swift and blistering. The directors of MIT and Columbia University presses resigned from the AAP/PSP executive council in protest. Two weeks later, the worst of the hype on the web site was toned down, but calls for a disclaimer that not all members of AAP agreed with PRISM's position continued to be ignored. Ultimately, nine publishers, including Nature, Penn State, Oxford, Cambridge, University of Chicago, Rockefeller University Press, and Cold Spring Harbor Laboratory Press, disavowed PRISM. By the end of September, the AAP and PSP had removed all links to the site from their webpages. The PRISM site remains. There's a place to endorse the coalition's principles but no evidence that any publisher has done so.

Pricing the possibilities

When you push past the hype, most publishers don't object to open access as a concept so much as they object to it as a business model. Flipping to an OA business model means giving up subscription revenue and finding sustainable streams of revenue from authors, subsidies, or advertising. Roger Clarke's study on the operational costs of refereed journal publishing models (“The Cost Profiles of Alternative Approaches to Journal Publishing,” First Monday, 12/3/07) confirmed that the cost of publishing an open access e-journal is inherently less than the cost of publishing a subscription-based e-journal.

Commercial publishers have a hard time realizing the economies because they are locked into expensive practices that offset them, including higher quality branding and marketing, more aggressive customer management, and costly content protection systems. Taking those added costs into account, it takes a commercial publisher about $3400 to produce an article for an e-journal, while a nonprofit publisher could produce the equivalent article for about $730. The study suggests that it is easier for the nonprofit association to flip its business model to OA than it is for the large commercial publisher.

The numbers seem to support these findings. This is the first year any of the large STM publishers have offered a full OA journal—among others, Elsevier launched OncologySTAT and Springer, Neuroethics. By contrast, a large number of nonprofit society publishers already have established OA journals. A study by Peter Suber and Caroline Sutton reported in SPARC's Open Access Newsletter (11/2/07) found that 427 societies publish 496 fully OA peer-reviewed journals. Nineteen societies publish another 74 hybrid OA journals.

The most notable experiment in flipping both commercial and society publications to an OA business model is CERN's SCOAP3 project, in which all of the partners that support publishing in particle physics, including libraries, are being asked to redirect subscription monies into a common fund that will pay publishers for open access to particle physics research. The end goal is to make the literature of the discipline fully open to any researcher. As of mid-March, 50 percent of the needed funds had been pledged by libraries in 13 countries. The number of U.S. library participants was expected to grow quickly following a February meeting at University of California–Berkeley that was attended by some of the premier academic libraries in North America.

Making ends meet

While it may be relatively easy for small nonprofits to flip to OA, the complexity no doubt increases as the societies and the publications become larger and have greater potential to bring in revenue. The American Anthropological Association (AAA) is a case in point. Open access advocates in AAA have pushed for years to make its publications OA. The association's journals have been heavily subsidized by member dues and library subscriptions, however, making the prospect of changing business models unattractive to AAA leadership. Then last fall, without consulting the members, the executive board moved the society's 22 journals from the University of California Press to Wiley-Blackwell. The board hoped the change would bring the publishing program into the black and return a profit to the association. Some members felt AAA was turning its back on OA and despaired that higher prices would follow. Sure enough, in 2008 the cost of two flagship journals, American Anthropologist and American Ethnologist, increased 86 percent and 145 percent, respectively. On the other hand, price increases for the other 19 journals were moderate.

To its credit, AAA is now facilitating ongoing debate about what happens when the contract with Wiley-Blackwell ends in five years. In the February issue of Anthropology News, scholars exchanged views about the role of open access in the work of the association. Should the journal publishing program be seen as a commodity to be sold for a return, or is there a social value to the work of anthropology scholars that becomes more visible with OA? Is OA a priority or a value-add in the broader mission of AAA? This discussion is worth watching—it may be a bellwether for other societies caught in a similar conflict. Publishers may also be watching, as publishing agreements with societies are one of a dwindling number of methods by which publishers can acquire new content to sell.

Trying to quit

The open access movement suggests dramatic changes are coming to the journals marketplace, but if you ask the typical librarian, it still looks pretty much like a serials crisis. A few publishers price outrageously and get great chunks of the library's budget, leaving little money for smaller publishers and new publications. But every now and then, a big subscriber decides it just won't take it anymore, and the library world holds its breath. It happened last October when the Max Planck Society (MPS), a leading European research institute, announced that it was cancelling all 1200 or so of Springer's journals, saying that Springer's prices were more than twice what it considered to be justifiable. The standoff lasted until February, when Springer announced that an agreement had been reached.

Under the two-year contract, MPS regained access to all of Springer's journals, and Springer agreed to waive all author charges for Max Planck researchers who want to publish in one of Springer's Open Choice (hybrid) publications. Springer sees this deal as a way to gain further experience with an OA business model but also expects the agreement to increase submissions from the thousands of prestigious researchers affiliated with MPS. Rumors are that Max Planck was also pleased with the deal. For better or worse, that's the way these standoffs usually turn out.

The next big deal?

The largest publishers negotiate pricing for much of their content, and they are finding the resource-intensive process to be a drain on profitability. Some commercial publishers are talking about getting out of the negotiating business and are considering selling their journals as a single database with fixed pricing. No titles in, no titles out—unless the publisher chooses. Publishers are also monitoring the use of their content and are looking for ways to tie usage to price. It's easy to see the utility of these ideas from a publisher's perspective but difficult to see how they would play in the market given the high value librarians place on selecting their own content and the levels of dissatisfaction with already high prices.

Slow sales, stagnant market

According to Outsell, a market intelligence service, the top ten STM publishers pulled in 53 percent of the revenue in the $16.1 billion periodicals market in 2006. In the same time period, five of the six journal publishers in the top ten—Elsevier, Springer, ACS, Wiley, and Blackwell—showed growth only in the single digits, ranging from 0.5 percent to 7.6 percent. The slow growth reflects a fairly stagnant and saturated market.

Elsevier is the dominant player in the STM world with market share about three times that of its nearest competitor. Unhappy with profit growth (7.2 percent in 2006), Elsevier is making changes. Last year, the company initiated an ambitious plan to cut $2 million in costs for each of the next five years. Then in February 2008, Reed Elsevier CEO Crispin Davis announced the company will sell Reed Business Information, which publishes trade journals like Library Journal and Publishers Weekly, and purchase ChoicePoint, a large personal data company. Davis said these moves are part of a company strategy to get out of traditional advertising-based publishing, with its slowing sales growth, and into online information services with higher margins. You have to wonder to what degree Elsevier intends to extract itself from scholarly publishing and whether other for-profit publishers would follow Elsevier's lead.

What to expect in 2009

The marked changes brought on by the advance of open access has so far had little effect on the price of subscribed journals, the notable exception being some 3300 peer-reviewed journals listed in the Directory of Open Access Journals (DOAJ), all of which are free. Prices of subscription-based journals increased nine to ten percent in 2008, driven by an extremely weak dollar. Non-U.S. titles in the humanities and social sciences increased even more (11 percent), because publishers in these disciplines tend to price in native currencies, driving U.S. prices up when those currencies are converted to dollars. The sciences, on the other hand, are dominated by large European publishers that price in U.S. dollars, reducing the volatility of prices and keeping price increases in foreign scientific journals under nine percent. Given the continuing slide of the dollar, expect increases in 2009 to approach ten percent overall.

Periodicals Price Survey 2008: Embracing Openness - 4/15/2008 - Library Journal

DigitalKoans » Blog Archive » Association of American University Presses Issues Press Release Supporting Digital Copyright Lawsuit against Georgia State

 

Association of American University Presses Issues Press Release Supporting Digital Copyright Lawsuit against Georgia State

The Association of American University Presses has issued a press release supporting the digital copyright lawsuit against Georgia State University (see "Georgia State Sued by Three Publishers for Alleged Digital Copyright Infringement in E-Reserves, Course Management, and Other Systems.")

DigitalKoans » Blog Archive » Association of American University Presses Issues Press Release Supporting Digital Copyright Lawsuit against Georgia State