Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/199

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Chapter Nine. The Library as Publisher

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you also need permission to publish each journal issue. This agreement should also discuss organizational issues like the level of support the library will supply, and what happens if the editors change or want to move the journal to another publisher.

Finally, you may need to deal with agreements with database aggregators. The agreements with authors and editors should cover any formats you may want to publish in. If your license just gives you permission for print hardcopy issues, and if you later want to republish in a new digital format or add the issues to a database, you would need to go back to the copyright holder for permission, which you do not want to do.^[1]

If you want to publish a journal article outside of the journal issue, as a separate reprint or in a database like JSTOR, you need your license to authorize that. It will probably be very difficult to change the agreement between the author and journal once it is signed, so think long-term to provide flexibility for future developments. Make sure there is language authorizing you to publish (and authorize other vendors to distribute) the article in print, digital, and other formats. The sample agreement in Appendix N is a good starting point.

↑ Digital rights without express permission can be complicated, especially for collective works, like newspapers and journals that, while copyrighted as compilations, also contain individual copyrighted works. The copyright owner of a collective work, like an issue of a magazine, can digitize the entire issue and distribute the digitized issue as a whole. This is what happened in Faulkner v. National Geographic Enterprises, 409 F.3d 26 (2005). National Geographic sold a CD with digital images of past issues. The court held that the magazine had the right to do this because it was reproducing the entire magazine. On the other hand, in New York Times v. Tasini, 533 U.S. 483 (2001), the Court held that the Times had infringed freelance writers' copyrights by digitizing their articles and compiling them in a database that was organized very differently from the original newspaper. If the Times had just scanned the pages, they would have had a better case.

[1] Digital rights without express permission can be complicated, especially for collective works, like newspapers and journals that, while copyrighted as compilations, also contain individual copyrighted works. The copyright owner of a collective work, like an issue of a magazine, can digitize the entire issue and distribute the digitized issue as a whole. This is what happened in Faulkner v. National Geographic Enterprises, 409 F.3d 26 (2005). National Geographic sold a CD with digital images of past issues. The court held that the magazine had the right to do this because it was reproducing the entire magazine. On the other hand, in New York Times v. Tasini, 533 U.S. 483 (2001), the Court held that the Times had infringed freelance writers' copyrights by digitizing their articles and compiling them in a database that was organized very differently from the original newspaper. If the Times had just scanned the pages, they would have had a better case.

[1]