Re: New US Bill re. Copyright/Federal Funding

["Joseph J. Esposito" <espositoj@gmail.com>]

I note the following from this thread:

"it is standard publishing industry practice to pretend to assert 
protection for authors because that appears to make the fight 
more idealistic."

JE:  This is too strong.  Every publishing contract I have ever 
seen has a clause in it to the effect that the publisher has a 
positive obligation to protect the author's copyright.  No doubt 
there are contracts (works for hire, etc.) where this is not 
stipulated, but to call cynicism a standard practice is 
overreaching.

(I have no opinion as to the legal issues surrounding the NIH matter.)

Joe Esposito

----- Original Message -----
From: "Linda Hopkins" <lin.hopkins@hotmail.com>
To: <liblicense-l@lists.yale.edu>
Sent: Tuesday, September 16, 2008 4:36 PM
Subject: RE: New US Bill re. Copyright/Federal Funding

> Dear Ann and others on the list:
>
> You ask:  but how does this bill "protect the rights of authors"
> who don't seem here to be > complaining about a loss of rights?
>
> Ann - it is standard publishing industry practice to pretend to
> assert protection for authors because that appears to make the
> fight more idealistic.
>
> But as you suggest the publishing industry simply wants to put
> the federal government in the position of paying for the
> information at least twice - once in order to develop the
> information and then again to be able to read about what the
> findings were that they funded.  Now, to be fair, it is the job
> of the publishing industry to be concerned about the needs or
> best interests of the country (government).
>
> Unfortunately, in my opinion, our government today simply acts as
> order clerk(s) for lobbyists and instead of standing up for
> distribution of scientific knowledge to the public - the
> government will no doubt take its payoff and let the publishers
> control the release of the writings.  There is an argument to be
> made in support of the bill too.  I just object to the publishing
> industry trying to act like David when they really are Goliath.
>
> I worked as an advisor to the Office of the President of the
> United States under President Clinton.  During that time, we were
> trying to expand government funded research to the public and the
> scientific communities.  So, perhaps I'm biased.
>
> Linda K. Hopkins
> Attorney at Law
> Intelliware Int'l Law Firm
> 449 South Owasso Boulevard West
> Roseville, MN  55113
> Phone: 651-481-0177
> Email: lin.hopkins@hotmail.com