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December 02, 2003
Walking the walk
First, a little background:
The essay that's just been accepted for publication (see earlier entry) is one of several on the same theme to be published in an ALA publication. The editor sent a group email to all of the authors, with the copyright assignment form attached.
Fellow essayist Samuel Trosow took issue with ALA's boilerplate (posted with his express permission):
"I am very surprised, and actually quite disturbed that at this late date, after all has been said about open access initiatives, authors' rights, and the over-reaching by commercial publishers, (much of this critique coming from ARL, ALA and other library associations), that an ALA publication is still demanding a
full assignment of exclusive copyright. In order to publish the articles in question, the publisher does not need the the full transfer of copyright, only specific permission to reproduce this article in the named journal (as well as the subsidiary rights to include article in other subseuqnet formats for the journal, electronic or otherwise).
"That ALA's copyright agreement is based on the same assumptions as contained in agreements from publishers such as Reed Elsivier (for example) is indeed quite amazing. I will make some changes to the agreement and FAX it back this afternoon. On a broader level, I would like the publication to review it's copyright agreement policy so it is in keeping with the best practices that open access advocates are demanding from other publishers."
ALA's basic copyright policy for its periodicals is here.
Mr. Trosow brings up very interesting points. I'm not well-versed in copyright clearances between authors and publishers, so I can't comment as to whether I think ALA's policy promotes fair copyright and the information commons. But what did yours truly, Fierce Warrior for the Public Domain, do? Signed the copyright form as fast as humanly possible and faxed it ASAP to the editor. Mostly because I'm hoping that my work will eventually gain a currency that it doesn't have now. No one's paying me for what I write (except for a $25 gift certificate to EBSCO for one paper); what is it worth in commercial markets or the information commons? In music biz terms, do I have to pay to play?
Posted by misseli at December 2, 2003 08:48 PM
Comments
Wrong, wrong, wrong: Your paper should not have been in jeopardy.
While I do think ALA should scrap its copyright-assignment form, it's one of two alternatives. The other, as stated on the copyright-policy page, should meet S. Trosow's expectations. That's the one you sign. If the editor gives you the copyright-assignment form, just ask for the alternative. That's the version I've always signed for ITAL and other divisional publications.
I've never signed the copryight-assignment form as a matter of principle, even though I never expect to make a dime off anything I've published in the divisional journals. (American Libraries pays for articles--and it doesn't use either of those forms. It uses a fairly standard "right of first publication" freelance form, giving AL a narrow window of exclusivity.)
If it doesn't, I believe ALA would be willing to consider an alternative form. (If the journals used AL's form, with a longer publication window, there might not be a problem at all.)
Posted by: Walt Crawford at December 3, 2003 08:21 AM
I have to admit, I saw the other form. I thought it was only used for well-established writers who have book deals for compilations, and so forth.
I'll be braver next time. Thank you.
Posted by: misseli at December 3, 2003 11:06 AM
You're welcome. No bravery required. (Well, in my case, a wife who keeps saying "Don't ever sign away copyright" doesn't hurt.)
Next time I run into Dan Marmion, which should be in San Diego, I'll nudge him about changing policy (using the limited assignment as the default). A little grass-roots action never hurts.
(I heard Sam Trosow twice in Charleston. A heck of a good speaker.)
Posted by: Walt Crawford at December 3, 2003 02:54 PM