Re: copyright expiration as a spur to creativity

On 8/19/98, Michael Scarpitti <mscarpit[_at_]asnt.org> wrote:
>
> On 18, August 1998, Albert Henderson <noblestation[_at_]compuserve.com> wrote:
> >
> > Michael Scarpitti <mscarpit[_at_]asnt.org> wrote:
> > >
> > > You seem to have a knack for catching the end of a trail of messages
> > > and drawing incorrect conclusions. Let's say I want to buy (not
> > > borrow) a book published in 1981 (Approaches to Translation by
> > > Peter Newmark).
> > >
> > > Let's say I go to my friendly neighborhood college bookstore and try
> > > to order it. Let's say I get back a notice saying "out of print"?
> > > I go to Bibliofind on the network and try a search, which comes up
> > > empty. Now, Mr. Henderson, you tell me: What the hell am I supposed
> > > to do?
> >
> > I have had luck obtaining o/p books via amazon.com. UMI
> > (1-800-521-0600) has rights to many books and can supply a copy
> > (but not Approaches to Transation; I checked with them on your
> > behalf). The number of BookLook (800-223-0540) has been recommended
> > although I have not used them.
> >
> > You shouldn't complain about my comments when you support
> > publishing a pirate edition of the work simply to satisfy
> > your need for a single copy.
>
> How the hell is it piracy when I am trying to BUY the book, but the
> publisher refuses?
>
> How much effort am I supposed to put into this to satisfy you?
>
> If the publisher won't print it, I say that they should lose the right
> to restrict access to the book.
>
> At least one of the following should occur:
>
> 1) All rights revert to author
> 2) The material becomes public domain
> 3) Single copies legal for individuals to make on their own (either
> with or without some payment to author or publisher)

Although "piracy" is a charged word, that's basically what it is if you get a copy of a book through ILL and make a copy of it for yourself.

With regard to your three alternatives:

1. Under most publishing agreements I've seen, if a publisher stops printing a work, the rights *do* revert to the author. Usually, the author must make a demand on the publisher to continue printing the work and give the publisher a set period of time to do so, before the rights revert, but in the end, if the publisher refuses, the author can take the work elsewhere or self-publish.
2. Why should the author be penalized for the publisher's economic decision not to print the work?
3. It is perfectly legal for you to make a copy of the book, whether or not it's in print, if you get permission from the copyright holder.

There are a variety of alternatives. You can contact the publisher, the author or a book search service. Someone has already pointed out that 17 U.S.C. 108(e) permits a library to make a copy for you if the library reasonably determines that a copy cannot be found at a fair price. Yet you insist that the entire copyright must be eliminated if you can't find what you want immediately when you want it?

Daniel J. Schaeffer
<daniel_schaeffer[_at_]kirkland.com> Received on Wed Aug 19 1998 - 13:35:53 GMT