Walking through the Minefield of Intellectual Property in the 21st Century: How Presses Manage Open Access, Fair Use, and Rights/Contracts Issues while Reviving the Backlist

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Saturday, June 18, 1:45–3:00 PM
Chair: Peter Froehlich, Director, Purdue University Press
Panelists: Shaquona Crews, Director of Contracts, Princeton University Press; Peter Bolles Hirtle, fellow, Berkman Center, Harvard University; Linda Steinman, attorney, Davis Wright and counsel to AAUP

How do we manage and keep up with the changing boundaries of intellectual property, particularly as publishers of scholarly work come under increased pressure? There is recent pressure from funding agencies and universities to make UP work freely available, the boundaries of fair use and educational use continue to be uncertain, and the rights within which we must work to digitize our content are unclear. This roundtable covers challenges with which every press director and intellectual property rights manager must contend. Some guiding questions: What are the limits on free “educational use” of material? How do we advise authors about the parameters of “fair use,” especially in light of the recent 2nd Circuit decision? What are the different kinds of Creative Commons licenses that authors might want us to employ and how do we respond to them? How do we manage the rights to images and text in older titles that we want to revive or at least make available electronically? How are these rights managed in enhanced electronic publications, such as those proposed by the Manifold project, among others? What happens when rights grants expire for electronic books?

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