2009 Rights and Permissions in a Digital Marketplace Workshop

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Wednesday, June 17, 2009


8:00 Breakfast, late registration, and material pick-up


9:00 PREPARING THE GROUND

Vicky Wells, University of North Carolina Press; Steve Cohn, Duke University Press; and Susan Olive, Olive & Olive, P.A.

  • Defining digital rights—getting everyone on the same page
  • Laying out the areas and issues we hope to cover
  • Agreeing on our groundrules for the workshop:
    • How to use our legal counsel
    • What’s out of bounds for antitrust reasons


9:30 ELECTRONIC RIGHTS IN YOUR PUBLISHING AGREEMENTS

Daphne Ireland, Princeton University Press

  • New language needed for our book contracts with authors
  • Amendments needed to update older book contracts
  • Pub agreements for chapters or other components (also journal articles):
    • What and where should these allow authors to post?
    • What if a chapter author won’t grant e-rights?
    • What about the various addendums (SPARC, Harvard, etc)?
  • Royalties to authors for digital rights (ebook sales and licensing, digital audio, etc.)
  • Contracts with other publishers (e.g., translations or paperbacks)
  • Digital rights for promotional use (Amazon, your website)


10:30 Break (sponsored by NetLibrary)


10:45 PERMISSIONS FROM THIRD PARTIES

Laura Bost, University of Texas Press

  • Seeking digital permissions for third-party content in forthcoming titles
  • Adding digital permissions for third- party content in already-published titles
    • Dealing with ambiguities in older permissions language
    • Can fair use be claimed now, if permission for print publication was granted and paid earlier?
  • What language on e-rights is problematic? What language should be deemed unacceptable? How and when to work with authors on determining whether language is unacceptable? (e.g., time limits or print run limits)
  • If there are extra fees for digital rights, who pays? Who decides what’s worth paying extra for?
  • Is it OK to publish/sell digital books that have holes because of missing or denied digital permissions? Will sellers and buyers of e-books accept permissions holes? How to mark these holes, if you have them?
  • Tracking digital permissions status – author logs, database, files

Additional Resource: Freelance Permission Editors


11:45 QUESTIONS AND COMMENTS ABOUT THE MORNING’S TOPICS

Vicky Wells, Steve Cohn, Susan Olive


12:30 Lunch (sponsored by Questia)


1:30 GRANTING RIGHTS IN A DIGITAL MARKETPLACE

Matt Kull, Temple University Press

  • Granting digital rights to other publishers
    • Should digital and print rights always be granted together?
    • Should we apply “an eye for an eye” or the golden rule?
    • Should we try to agree on common standards and language?
    • Detecting and handling duplicitous requests
    • Exclusive v. Nonexclusive rights
    • Setting Fees
  • Granting permissions for use in e-reserves and on Blackboard-type courseware
  • Permitting posting in digital repositories or other free (but ever-more-findable/searchable) sites
  • What about requests for posting before we have the complete manuscript—are they ours to respond to? Requests pre-publication?


2: 30 PROTECTING DIGITAL CONTENT

Daphne Ireland, Princeton University Press

  • Customer or site licenses—what should they say? How much control should we exercise?
  • Should/can we restrict printing to save coursebook sales?
  • One user at a time vs. multiple users? Downloads allowed?
  • In what other ways might we want to restrict our digital editions? DRM?
  • Role of CCC?
  • Digital piracy


3:15 Break (sponsored by Read How You Want)


3:30 SALES AND LICENSING IN A DIGITAL MARKETPLACE

Priscilla Treadwell, Princeton University Press

  • A plethora of vendors: How to sort out the best opportunities for your Press?
    • How do the vendors’ models differ?
    • What to watch for in vendor agreements
  • Sales/licensing via your own website
  • Selling title-by-title vs. crafting your own collections vs. inclusion in multi-publisher aggregations


4:30 QUESTIONS AND COMMENTS ABOUT THE AFTERNOON’S TOPICS

Vicky Wells, Steve Cohn, Susan Olive


Thursday, June 18, 2009


8:00 Breakfast


9:00 QUESTIONS AND COMMENTS ABOUT THE FIRST DAY

Steve Cohn, Vicky Wells


9:30 MANAGING DIGITAL FILE PREPARATION AND STORAGE

Alan Harvey, Stanford University Press

  • PDF or XML?
  • Separating files for reprinting from files for digital publication?
  • Store separate file for e-vendors when deletions are needed?
  • Store your own or use a provider? (What are the options?)


10:30 Break (sponsored by Copyright Clearance Center)


10:45 THE GOOGLE SETTLEMENT

Linda Steinman, Davis Wright Tremaine, LLP

  • What difference will it make in all this?
  • Practical aspects of working with the Rust settlement administrator


11:45 QUESTIONS AND COMMENTS ABOUT THE MORNING’S TOPICS

Vicky Wells, Steve Cohn


The workshop organizers gratefully acknowledge the generous financial support provided for this workshop by Ebrary.

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