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	<title>Comments on: Trying to sue State U</title>
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	<link>http://library.duke.edu/blogs/scholcomm/2008/04/16/sue-state-u/</link>
	<description>Duke&#039;s source for advice and information about copyright and publication issues</description>
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		<title>By: FreeCulture.org - Students for Free Culture &#187; Blog Archive &#187; Publishers Seek to Limit Universities&#8217; Fair Use</title>
		<link>http://library.duke.edu/blogs/scholcomm/2008/04/16/sue-state-u/comment-page-1/#comment-201961</link>
		<dc:creator>FreeCulture.org - Students for Free Culture &#187; Blog Archive &#187; Publishers Seek to Limit Universities&#8217; Fair Use</dc:creator>
		<pubDate>Tue, 11 Nov 2008 06:06:22 +0000</pubDate>
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		<description>[...] limited as a legal fact, even if Georgia State did not have to pay anything in response. In the words of Duke&#8217;s Kevin Smith, &#8220;this is an attempt to enforce judicially a “pay-per-use” [...]</description>
		<content:encoded><![CDATA[<p>[...] limited as a legal fact, even if Georgia State did not have to pay anything in response. In the words of Duke&#8217;s Kevin Smith, &#8220;this is an attempt to enforce judicially a “pay-per-use” [...]</p>
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		<title>By: Copyright Advisory Network &#187; Blog Archive &#187; Georgia State&#8217;s E-reserve lawsuit</title>
		<link>http://library.duke.edu/blogs/scholcomm/2008/04/16/sue-state-u/comment-page-1/#comment-109661</link>
		<dc:creator>Copyright Advisory Network &#187; Blog Archive &#187; Georgia State&#8217;s E-reserve lawsuit</dc:creator>
		<pubDate>Thu, 08 May 2008 16:17:24 +0000</pubDate>
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		<description>[...] versus fair use issue obscures the present imbalance in the world of scholarly publication. The Duke Scholarly Communications blog puts this issue bluntly: &#8220;The real irony is that [the lawsuit] is justified as an attempt to [...]</description>
		<content:encoded><![CDATA[<p>[...] versus fair use issue obscures the present imbalance in the world of scholarly publication. The Duke Scholarly Communications blog puts this issue bluntly: &#8220;The real irony is that [the lawsuit] is justified as an attempt to [...]</p>
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		<title>By: Scholarly Communications @ Duke &#187; Temperence is a virtue</title>
		<link>http://library.duke.edu/blogs/scholcomm/2008/04/16/sue-state-u/comment-page-1/#comment-100731</link>
		<dc:creator>Scholarly Communications @ Duke &#187; Temperence is a virtue</dc:creator>
		<pubDate>Mon, 21 Apr 2008 13:32:45 +0000</pubDate>
		<guid isPermaLink="false">http://library.duke.edu/blogs/scholcomm/2008/04/16/sue-state-u/#comment-100731</guid>
		<description>[...] exchange in the comments on my own post discusses this point in some depth. Monica McCormick argues that there is still an incentive system [...]</description>
		<content:encoded><![CDATA[<p>[...] exchange in the comments on my own post discusses this point in some depth. Monica McCormick argues that there is still an incentive system [...]</p>
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		<title>By: Kathleen Wallace</title>
		<link>http://library.duke.edu/blogs/scholcomm/2008/04/16/sue-state-u/comment-page-1/#comment-99891</link>
		<dc:creator>Kathleen Wallace</dc:creator>
		<pubDate>Sun, 20 Apr 2008 16:30:51 +0000</pubDate>
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		<description>I would also add that while Monica is right that there is some distinction between books and journals (the former involving royalties, perhaps, and the latter not), that distinction may not be worth much in the new digital landscape, which allows for marketing opportunities hitherto unavailable to publishers. 

Entire books, as well as individual book chapters, journal articles, and so on are all being marketed online by publishers. An academic publishing contract which stipulates that an author collects no share of the sales in each form (e.g., print or digital) until at least 300 copies of that form are sold annually does not give the author a fair share of the profit. There is no extra cost to the publisher annually; once produced, the sale of a digital product is almost entirely profit; similarly for print copies if print on demand is well-established. 

Second, for purposes of dissemination, authors may be poorly served by a standard restrictive publishing agreement which grants publication and distribution rights exclusively to the publisher. If a publisher decides to not distribute or “print” the work, the author may have little or no avenue for having her or his work distributed.

Third, the digital world creates new issues for universities and libraries as far as reuse fees are concerned, and none of the existing contracts -- nearly all of which assign to the publisher exclusively licensing rights carte blanche -- really address different ways of doing this.  This issue also affects authors who may want to use their own work in particular contexts (e.g., teaching) and who may have to pay, or their university may have to pay to do so.  

Not to beat a dead horse (since I&#039;ve  mentioned the piece in previous posts), but for the interested reader, I discuss these issues in my essay, &quot;Marketing Ideas: Reshaping Academic Publishing in a Digital World&quot; at www.scienceprogress.org/2008/04/marketing-ideas/</description>
		<content:encoded><![CDATA[<p>I would also add that while Monica is right that there is some distinction between books and journals (the former involving royalties, perhaps, and the latter not), that distinction may not be worth much in the new digital landscape, which allows for marketing opportunities hitherto unavailable to publishers. </p>
<p>Entire books, as well as individual book chapters, journal articles, and so on are all being marketed online by publishers. An academic publishing contract which stipulates that an author collects no share of the sales in each form (e.g., print or digital) until at least 300 copies of that form are sold annually does not give the author a fair share of the profit. There is no extra cost to the publisher annually; once produced, the sale of a digital product is almost entirely profit; similarly for print copies if print on demand is well-established. </p>
<p>Second, for purposes of dissemination, authors may be poorly served by a standard restrictive publishing agreement which grants publication and distribution rights exclusively to the publisher. If a publisher decides to not distribute or “print” the work, the author may have little or no avenue for having her or his work distributed.</p>
<p>Third, the digital world creates new issues for universities and libraries as far as reuse fees are concerned, and none of the existing contracts &#8212; nearly all of which assign to the publisher exclusively licensing rights carte blanche &#8212; really address different ways of doing this.  This issue also affects authors who may want to use their own work in particular contexts (e.g., teaching) and who may have to pay, or their university may have to pay to do so.  </p>
<p>Not to beat a dead horse (since I&#8217;ve  mentioned the piece in previous posts), but for the interested reader, I discuss these issues in my essay, &#8220;Marketing Ideas: Reshaping Academic Publishing in a Digital World&#8221; at <a href="http://www.scienceprogress.org/2008/04/marketing-ideas/" rel="nofollow">http://www.scienceprogress.org/2008/04/marketing-ideas/</a></p>
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		<title>By: Kathleen Wallace</title>
		<link>http://library.duke.edu/blogs/scholcomm/2008/04/16/sue-state-u/comment-page-1/#comment-99881</link>
		<dc:creator>Kathleen Wallace</dc:creator>
		<pubDate>Sun, 20 Apr 2008 16:18:43 +0000</pubDate>
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		<description>I entirely agree with Monica McCormick that individual authors acting alone will not be sufficient to rectify the problem, and argue in my essay, &quot;Marketing Ideas,&quot; that it will have to involve the coordinated effort of universities, who are the primary customers for these works, and who therefore, collectively have considerable leverage if they were to use it in a coordinated fashion.  However, there are also things that individual authors can do. I agree with Kevin that they need to become part of the discussion and active participants in the solution. For the most party, hitherto, they have not been part of  the conversations going on about the problem. Those conversations are taking place largely among institutions -- universities, libraries, and publishers.</description>
		<content:encoded><![CDATA[<p>I entirely agree with Monica McCormick that individual authors acting alone will not be sufficient to rectify the problem, and argue in my essay, &#8220;Marketing Ideas,&#8221; that it will have to involve the coordinated effort of universities, who are the primary customers for these works, and who therefore, collectively have considerable leverage if they were to use it in a coordinated fashion.  However, there are also things that individual authors can do. I agree with Kevin that they need to become part of the discussion and active participants in the solution. For the most party, hitherto, they have not been part of  the conversations going on about the problem. Those conversations are taking place largely among institutions &#8212; universities, libraries, and publishers.</p>
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		<title>By: Monica McCormick</title>
		<link>http://library.duke.edu/blogs/scholcomm/2008/04/16/sue-state-u/comment-page-1/#comment-99081</link>
		<dc:creator>Monica McCormick</dc:creator>
		<pubDate>Sat, 19 Apr 2008 17:42:24 +0000</pubDate>
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		<description>Kevin, thanks for this lucid post about a complex situation. For further clarity, it may be worth distinguishing between journal and book publishing in this discussion. While journals generally do not pay authors for their content, scholarly book publishers often pay royalties, generally modest ones (5-7% of net sales), but for some books quite substantial. Royalties (and advances on future expected royalties) tend to rise in competitive situations, when publishers are vying over a manuscript. I can only guess at what proportion of book authors receive royalties (which in most cases probably amount to only a few thousand dollars over the life of the book) but it&#039;s certainly not zero, as you imply in your post.

Moreover, even with only modest royalties at stake, it is not the case that &quot;no monetary incentive currently exists for the vast majority of academic writing.&quot; Faculty&#039;s tenure and promotion—hence salaries—rely heavily on their publishing. They have a lot at stake in the stability of the publishing system. Despite the possibility of starting new journals with open-source software, and to post work freely on the internet, the vast majority of faculty authors continue to turn to established publishers because their own careers depend, at least in part, upon those publishers&#039; reputations for quality. (In addition, of course, most faculty members prefer to do their work and not the work of publishers.)

I am not interested in defending the current business models of any particular publisher. My point is that existing publishers do have a stake in protecting their business models, and that faculty members rely on those in ways that are not necessarily helpful for their own libraries and universities. If we don’t understand their business models we’re unlikely to respond effectively to their challenges.

I respectfully suggest that “a little bit of attention to the economics of scholarly publishing” is not enough. As the recent study from the University of California points out, it is not fair to expect individual faculty members to buck this system by making adventurous publishing choices. We as a university community (of librarians, publishers, and administrators, as well as faculty) must find a better way. I agree that authors need to become savvier about their publishing agreements (even to read them, which many authors admit they do not do.) But it&#039;s a big, complex problem that will require a complex solution.</description>
		<content:encoded><![CDATA[<p>Kevin, thanks for this lucid post about a complex situation. For further clarity, it may be worth distinguishing between journal and book publishing in this discussion. While journals generally do not pay authors for their content, scholarly book publishers often pay royalties, generally modest ones (5-7% of net sales), but for some books quite substantial. Royalties (and advances on future expected royalties) tend to rise in competitive situations, when publishers are vying over a manuscript. I can only guess at what proportion of book authors receive royalties (which in most cases probably amount to only a few thousand dollars over the life of the book) but it&#8217;s certainly not zero, as you imply in your post.</p>
<p>Moreover, even with only modest royalties at stake, it is not the case that &#8220;no monetary incentive currently exists for the vast majority of academic writing.&#8221; Faculty&#8217;s tenure and promotion—hence salaries—rely heavily on their publishing. They have a lot at stake in the stability of the publishing system. Despite the possibility of starting new journals with open-source software, and to post work freely on the internet, the vast majority of faculty authors continue to turn to established publishers because their own careers depend, at least in part, upon those publishers&#8217; reputations for quality. (In addition, of course, most faculty members prefer to do their work and not the work of publishers.)</p>
<p>I am not interested in defending the current business models of any particular publisher. My point is that existing publishers do have a stake in protecting their business models, and that faculty members rely on those in ways that are not necessarily helpful for their own libraries and universities. If we don’t understand their business models we’re unlikely to respond effectively to their challenges.</p>
<p>I respectfully suggest that “a little bit of attention to the economics of scholarly publishing” is not enough. As the recent study from the University of California points out, it is not fair to expect individual faculty members to buck this system by making adventurous publishing choices. We as a university community (of librarians, publishers, and administrators, as well as faculty) must find a better way. I agree that authors need to become savvier about their publishing agreements (even to read them, which many authors admit they do not do.) But it&#8217;s a big, complex problem that will require a complex solution.</p>
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		<title>By: Kathleen Wallace</title>
		<link>http://library.duke.edu/blogs/scholcomm/2008/04/16/sue-state-u/comment-page-1/#comment-97851</link>
		<dc:creator>Kathleen Wallace</dc:creator>
		<pubDate>Fri, 18 Apr 2008 20:38:06 +0000</pubDate>
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		<description>Academic authors need to become much more savvy about the publishing agreements that they sign.  These agreements currently allow publishers to charge universities many times over to use material in digital form that the university already owns, and that the university may already have paid to produce in the first place if the author was an employee of the university!  I wrote a short piece about this called &quot;Marketing Ideas: Reshaping Academic Publishing in a Digital World&quot;, see it at www.scienceprogress.org/2004/04/marketing-ideas/</description>
		<content:encoded><![CDATA[<p>Academic authors need to become much more savvy about the publishing agreements that they sign.  These agreements currently allow publishers to charge universities many times over to use material in digital form that the university already owns, and that the university may already have paid to produce in the first place if the author was an employee of the university!  I wrote a short piece about this called &#8220;Marketing Ideas: Reshaping Academic Publishing in a Digital World&#8221;, see it at <a href="http://www.scienceprogress.org/2004/04/marketing-ideas/" rel="nofollow">http://www.scienceprogress.org/2004/04/marketing-ideas/</a></p>
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		<title>By: Lawsuit on &#8220;Electronic Course Packs&#8221;</title>
		<link>http://library.duke.edu/blogs/scholcomm/2008/04/16/sue-state-u/comment-page-1/#comment-96731</link>
		<dc:creator>Lawsuit on &#8220;Electronic Course Packs&#8221;</dc:creator>
		<pubDate>Thu, 17 Apr 2008 18:34:51 +0000</pubDate>
		<guid isPermaLink="false">http://library.duke.edu/blogs/scholcomm/2008/04/16/sue-state-u/#comment-96731</guid>
		<description>[...] The AJC writes a really confusing headline but adds some information about the library angle; Inside Higher Ed gets writes journalistic circles around the Gray Lady. The complaint is here. The Chron comments on [...]</description>
		<content:encoded><![CDATA[<p>[...] The AJC writes a really confusing headline but adds some information about the library angle; Inside Higher Ed gets writes journalistic circles around the Gray Lady. The complaint is here. The Chron comments on [...]</p>
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		<title>By: aisha</title>
		<link>http://library.duke.edu/blogs/scholcomm/2008/04/16/sue-state-u/comment-page-1/#comment-96721</link>
		<dc:creator>aisha</dc:creator>
		<pubDate>Thu, 17 Apr 2008 18:32:18 +0000</pubDate>
		<guid isPermaLink="false">http://library.duke.edu/blogs/scholcomm/2008/04/16/sue-state-u/#comment-96721</guid>
		<description>WOW...and we all wait.</description>
		<content:encoded><![CDATA[<p>WOW&#8230;and we all wait.</p>
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