Re: copyright expiration as a spur to creativity

Albert Henderson <noblestation[_at_]compuserve.com> wrote:
>
> On Sun, 16 Aug 1998, Anne Klinefelter <aklinefe[_at_]law.miami.edu> wrote:
> >
> > To divert the exchange for a moment... I agree with the assertion that
> > a purpose of libraries is to provide a preservation and access role,
> > particularly for material which publishers and bookstores are no longer
> > or not easily providing. If a local library does not own a copy of the
> > title sought, that local library is permitted to try to borrow it from
> > another library on behalf of the local patron.
> >
> > This purpose of libraries, though, is threatened by the trend
> > towards licensing rather than sale of material and by the
> > uncertainty of long-term readability of various technologies now
> > used for publication. The shift away from the book and the
> > increasing irrelevance of the first sale doctrine mean consumers
> > may not be able to rely on libraries for access to some
> > "out-of-print" publications in the future.
>
> Interesting. The "access not ownership" has been advocated mainly
> by library organizations like the Association of Research Libraries.
>
> I have always felt it was adopted as the lesser of two evils, the
> other course being to oppose university management and the science
> bureaucracy.

My understanding is that "access not ownership" was a battle cry formulated several years ago to encourage libraries to share among themselves or to band together to form consortia which could purchase materials for the member libraries to share. Yes, this was a choice of the lesser of evils when budgets were tightening, publication was increasing, and the costs, particularly of scientific journals, were skyrocketing.

However, "access" to material owned by a library or by libraries is very different from "access" to digital material not sold, but rather licensed for specified uses by specified persons for a certain period of time. Such licenses can leave the publisher as the only entity legally able to preserve such publications.

Anne Klinefelter
Acting Law Librarian and Associate Law Librarian The University of Miami School of Law Library 1311 Miller Drive
Coral Gables, FL 33146
aklinefe[_at_]law.miami.edu Received on Sun Aug 23 1998 - 19:02:07 GMT