09-14-2011, 05:59 PM | #16 |
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I agree, but with one caveat -- I don't believe Google is providing these books for reading from start to finish? The "disputed" books are still only available for search quotes, no?
If Google is providing the orphaned works IN FULL as though they are public domain, then that is a problem. |
09-14-2011, 07:15 PM | #17 | ||
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Last edited by bgalbrecht; 09-14-2011 at 07:38 PM. |
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09-14-2011, 09:14 PM | #18 |
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09-14-2011, 10:19 PM | #19 |
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http://blog.authorsguild.org/2011/09...its-your-turn/
Above is a link to the list of HathiTrust's orphan works candidates posted on the Authors Guild website, also showing the threatened (and I do mean threatened) dates on which Hathi will release their works through its system. So far by stirring the pot with its lawsuit, AG has brought 4 non-orphan authors who actually have estates, publishers, and literary agents to light: James Salamanca, Walter Lippmann, Albert Bandura, and James Gould Cozzens. Orphaned means just what it says, that no one is responsible for the work in question, when in fact it appears that these four are no only not orphaned, but their parents/guardians are easily traceable. It strikes me that Hathi's definition of "orphaned" is beginning to look a little more like "out of print stuff we think people oughta be able to read." Nice thought, but it doesn't give them license to hijack an author's work. There are all kinds of other ways to bring good non-orphan material back into circulation, but all of it involves working things out with the people who actually own or control the rights. |
09-15-2011, 02:49 AM | #20 | |
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If they're not currently being sold, it's a lot harder to argue that someone giving them away is stealing profits. The argument becomes "we might want to sell them again someday, and then these people might not be willing to buy--and in the meantime, nobody except rich collectors or people who live close to one of these libraries should be reading these books." |
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09-15-2011, 04:01 AM | #21 | |
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09-15-2011, 04:04 AM | #22 | |
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Sounds like providing the whole book to me. |
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09-15-2011, 08:26 AM | #23 |
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09-15-2011, 08:49 AM | #24 |
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09-15-2011, 10:10 AM | #25 | |
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Or the "..." in the middle of that sentence left out something crucial. |
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09-15-2011, 11:16 AM | #26 |
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This isn't the Google Books project that is being discussed (directly), it is the university one.
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09-15-2011, 11:40 AM | #27 |
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09-16-2011, 02:29 AM | #28 |
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http://blog.authorsguild.org/2011/09...charities-etc/
Authors Guild has now posted a list showing that for 24 of the 160 works on HathiTrust's orphan list, they have located the author, literary agent, other rights holder, or evidence of living relatives or others who might claim rights. A couple on the list are actually currently in print, and for one the the author has other works in print, including some that are fairly recent. Hathi has removed one book, by Walter Lippmann, from its list, though it seems to me that authors who are alive or have demonstrable connections to agents, publishers, institutes that preserve their work, etc. should be removed as well. Being orphaned means only that it is not known who is responsible for rights to a work, and once you know that information the game is over. In general, there is enough on the Authors Guild growing list to raise major questions about HathiTrust's due diligence, not to mention calling into question the whole idea of what they are doing. |
09-16-2011, 02:14 PM | #29 | ||
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The fact that a couple of them are in print doesn't change their potential orphan status; plenty of public-domain works are in print. And finding someone who "might claim rights" is not the same as finding actual rights holders--much less rights holders who object to a library's digital archives. Quote:
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09-16-2011, 06:49 PM | #30 |
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Well I guess the Hathi Trust's lawyers don't agree with EFF's lawyers.
HathiTrust Suspends Its Orphan Works Release |
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