RE: Perspectives on permission needs for REPRINT on demand

["Kerry Ouellet" <KOuellet@xxxxxxx>]

This is partly my opinion and partly what I've seen from experience, but
I think that changing to an electronic form does, in fact, change the
permission, and if your designer revoked permission, none of his designs
should be available, including the ones already in print. The only way
his designs should be accessible would be through hard-copy print
materials.

The permission letter should also be changed to include something that
states that future editions will be electronic. We've had to gain
blanket permissions in perpetuity from people for a book. The publisher
did not want to have to go back to the copyright owners for future
reprints, and the permission letter basically asks for permission for
print, electronic, and all technologies not yet invented!! Talk about
perpetuity!!! But this is why I think that since electronic is a
different medium from print, it's a different type of permission, so you
can't publish electronically.

I'll be very interested to read what others have to say.

Kerry Ouellet
Production Editor
EDC's Center for Science Education

-----Original Message-----
From: deg farrelly [mailto:deg.farrelly@xxxxxxx]
Sent: Friday, September 07, 2007 3:08 PM
To: digital-copyright@xxxxxxxxxxxxxx
Subject: Perspectives on permission needs for REPRINT on demand

I9d appreciate hearing comments from the collective wisdome of this
group on
the following situation:

A non-profit national organization that promotes origami annually
publishes
a collection of model diagrams. For this publication the organization
solicits copyright permission from the model designers.  The
organization
policy states:  3Since origami compositions are works of art protected
by
copyright (both the folded work and the diagrams), it is necessary for
us to
obtain permission for all usages. 3

Permissions have been very broad historically, although the current form
has
been revised to reflect more options.  The permission form is very broad
and
reads in part:

***


() one-time permission, in the publication/medium titled
____________________________________________________,
() revocable blanket permission,

on a nonexclusive basis, to

(please check as many as you want )
() teach
() distribute at teaching sessions
() publish in print (book, newsletter, annual Origami Collection, etc.)
() publish in electronic media (CD, DVD, or other)
() publish online (e.g., on the Internet)

<snip>

I understand that: (1) I retain copyright of my work. (2) I can revoke
blanket permission for future publications by sending a letter to that
effect to the address below;

***

One designer who granted permission for past publications has since
withdrawn all permissions to publish his work.  He understands that such
withdrawal cannot affect publications that have already been printed.

But the organization is planning to move to a 3print on demand2 model.
That
is, the annual collection of diagrams will be produced in print in a
small
press run, and afterwards, additional copies will be produced as
necessary
in print-on-demand.  This may be as paper or as CDs.  This eliminates
the
need to maintain a large stock of back issues.  The organization plans
to
move to print-on-demand for past issues too.

The organization is making the claim that permission previously provided
is
sufficient to allow REPRINT of the publication for which the permission
was
originally granted, even if the author has withdrawn permission.

The author, and others, however, maintain that the author never intended
permission to be granted in perpetuity, and even if it had been, the
permission was not an assignment of copyright, but a copyright
permission.Once that permission has been withdrawn, the organization is
obligated to remove the work from future reprints.

I will really appreciate perspectives from readers of this list on this
matter.

Thank you.


--
deg farrelly, Associate Librarian
Arizona State University at the West campus
PO Box 37100
Phoenix, Arizona  85069-7100
Phone:  602.543.8522
Email:  deg.farrelly@xxxxxxx