2009 Rights and Permissions in a Digital Marketplace Workshop

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

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.