LOC Workshop on Etexts by Library of Congress (the reading list .txt) 📕

opined that the producers of the information will set the terms for the standard (i.e., develop document-type definitions for the users of their products), creating a situation that will be problematical for an institution like the Library of Congress, which will have to deal with the DTDs in the event that a multiplicity of them develops. Thus, numerous people are seeking a standard but cannot find the tag set that will be acceptable to them and their clients. SPERBERG-McQUEEN agreed with this view, and said that the situation was in a way worse: attempting to unify arbitrary DTDs resembled attempting to unify a MARC record with a bibliographic record done according to the Prussian instructions. According to STEVENS, this situation occurred very early in the process.

WATERS recalled from early discussions on Project Open Book the concern of many people that merely by producing images, POB was not really enhancing intellectual access to the material. Nevertheless, not wishing to overemphasize the opposition between imaging and full text, WATERS stated that POB views getting the images as a first step toward possibly converting to full text through character recognition, if the technology is appropriate. WATERS also emphasized that encoding is involved even with a set of images.

SPERBERG-McQUEEN agreed with WATERS that one can create an SGML document consisting wholly of images. At first sight, organizing graphic images with an SGML document may not seem to offer great advantages, but the advantages of the scheme WATERS described would be precisely that ability to move into something that is more of a multimedia document: a combination of transcribed text and page images. WEIBEL concurred in this judgment, offering evidence from Project ADAPT, where a page is divided into text elements and graphic elements, and in fact the text elements are organized by columns and lines. These lines may be used as the basis for distributing documents in a network environment. As one develops software intelligent enough to recognize what those elements are, it makes sense to apply SGML to an image initially, that may, in fact, ultimately become more and more text, either through OCR or edited OCR or even just through keying. For WATERS, the labor of composing the document and saying this set of documents or this set of images belongs to this document constitutes a significant investment.

WEIBEL also made the point that the AAP tag sets, while not excessively prescriptive, offer a common starting point; they do not define the structure of the documents, though. They have some recommendations about DTDs one could use as examples, but they do just suggest tag sets. For example, the CORE project attempts to use the AAP markup as much as possible, but there are clearly areas where structure must be added. That in no way contradicts the use of AAP tag sets.

SPERBERG-McQUEEN noted that the TEI prepared a long working paper early on about the AAP tag set and what it lacked that the TEI thought it needed, and a fairly long critique of the naming conventions, which has led to a very different style of naming in the TEI. He stressed the importance of the opposition between prescriptive markup, the kind that a publisher or anybody can do when producing documents de novo, and descriptive markup, in which one has to take what the text carrier provides. In these particular tag sets it is easy to overemphasize this opposition, because the AAP tag set is extremely flexible. Even if one just used the DTDs, they allow almost anything to appear almost anywhere.

******

SESSION VI. COPYRIGHT ISSUES

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

PETERS Several cautions concerning copyright in an electronic environment Review of copyright law in the United States The notion of the public good and the desirability of incentives to promote it What copyright protects Works not protected by copyright The rights of copyright holders Publishers’ concerns in today’s electronic environment Compulsory licenses The price of copyright in a digital medium and the need for cooperation Additional clarifications Rough justice oftentimes the outcome in numerous copyright matters Copyright in an electronic society Copyright law always only sets up the boundaries; anything can be changed by contract

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Marybeth PETERS, policy planning adviser to the Register of Copyrights, Library of Congress, made several general comments and then opened the floor to discussion of subjects of interest to the audience.

Having attended several sessions in an effort to gain a sense of what people did and where copyright would affect their lives, PETERS expressed the following cautions:

 

* If one takes and converts materials and puts them in new forms,

then, from a copyright point of view, one is creating something and

will receive some rights.

 

* However, if what one is converting already exists, a question

immediately arises about the status of the materials in question.

 

* Putting something in the public domain in the United States offers

some freedom from anxiety, but distributing it throughout the world

on a network is another matter, even if one has put it in the public

domain in the United States. Re foreign laws, very frequently a

work can be in the public domain in the United States but protected

in other countries. Thus, one must consider all of the places a

work may reach, lest one unwittingly become liable to being faced

with a suit for copyright infringement, or at least a letter

demanding discussion of what one is doing.

PETERS reviewed copyright law in the United States. The U.S. Constitution effectively states that Congress has the power to enact copyright laws for two purposes: 1) to encourage the creation and dissemination of intellectual works for the good of society as a whole; and, significantly, 2) to give creators and those who package and disseminate materials the economic rewards that are due them.

Congress strives to strike a balance, which at times can become an emotional issue. The United States has never accepted the notion of the natural right of an author so much as it has accepted the notion of the public good and the desirability of incentives to promote it. This state of affairs, however, has created strains on the international level and is the reason for several of the differences in the laws that we have. Today the United States protects almost every kind of work that can be called an expression of an author. The standard for gaining copyright protection is simply originality. This is a low standard and means that a work is not copied from something else, as well as shows a certain minimal amount of authorship. One can also acquire copyright protection for making a new version of preexisting material, provided it manifests some spark of creativity.

However, copyright does not protect ideas, methods, systems—only the way that one expresses those things. Nor does copyright protect anything that is mechanical, anything that does not involve choice, or criteria concerning whether or not one should do a thing. For example, the results of a process called declicking, in which one mechanically removes impure sounds from old recordings, are not copyrightable. On the other hand, the choice to record a song digitally and to increase the sound of violins or to bring up the tympani constitutes the results of conversion that are copyrightable. Moreover, if a work is protected by copyright in the United States, one generally needs the permission of the copyright owner to convert it. Normally, who will own the new—that is, converted- -material is a matter of contract. In the absence of a contract, the person who creates the new material is the author and owner. But people do not generally think about the copyright implications until after the fact. PETERS stressed the need when dealing with copyrighted works to think about copyright in advance. One’s bargaining power is much greater up front than it is down the road.

PETERS next discussed works not protected by copyright, for example, any work done by a federal employee as part of his or her official duties is in the public domain in the United States. The issue is not wholly free of doubt concerning whether or not the work is in the public domain outside the United States. Other materials in the public domain include: any works published more than seventy-five years ago, and any work published in the United States more than twenty-eight years ago, whose copyright was not renewed. In talking about the new technology and putting material in a digital form to send all over the world, PETERS cautioned, one must keep in mind that while the rights may not be an issue in the United States, they may be in different parts of the world, where most countries previously employed a copyright term of the life of the author plus fifty years.

PETERS next reviewed the economics of copyright holding. Simply, economic rights are the rights to control the reproduction of a work in any form. They belong to the author, or in the case of a work made for hire, the employer. The second right, which is critical to conversion, is the right to change a work. The right to make new versions is perhaps one of the most significant rights of authors, particularly in an electronic world. The third right is the right to publish the work and the right to disseminate it, something that everyone who deals in an electronic medium needs to know. The basic rule is if a copy is sold, all rights of distribution are extinguished with the sale of that copy. The key is that it must be sold. A number of companies overcome this obstacle by leasing or renting their product. These companies argue that if the material is rented or leased and not sold, they control the uses of a work. The fourth right, and one very important in a digital world, is a right of public performance, which means the right to show the work sequentially. For example, copyright owners control the showing of a CD-ROM product in a public place such as a public library. The reverse side of public performance is something called the right of public display. Moral rights also exist, which at the federal level apply only to very limited visual works of art, but in theory may apply under contract and other principles. Moral rights may include the right of an author to have his or her name on a work, the right of attribution, and the right to object to distortion or mutilation—the right of integrity.

The way copyright law is worded gives much latitude to activities such as preservation; to use of material for scholarly and research purposes when the user does not make multiple copies; and to the generation of facsimile copies of unpublished works by libraries for themselves and other libraries. But the law does not allow anyone to become the distributor of the product for the entire world. In today’s electronic environment, publishers are extremely concerned that the entire world is networked and can obtain the information desired from a single copy in a single library. Hence, if there is to be only one sale, which publishers may choose to live with, they will obtain their money in other ways, for example, from access and use. Hence, the development of site licenses and other kinds of agreements to cover what publishers believe they should be compensated for. Any solution that the United States takes today has to consider the international arena.

Noting that the United States is a member of the Berne Convention and subscribes to its provisions, PETERS described the permissions process. She also defined compulsory licenses. A compulsory license, of which the United States has had a few, builds into the law the right to use a work subject to certain terms and conditions. In the international arena, however,