Author Archives: Authors Alliance

Authors Alliance on the Road: Washington, DC

Posted February 3, 2017

On February 8-11, Authors Alliance will travel to Washington, DC for the annual Association of Writers and Writing Programs (AWP) Conference and Bookfair. Following the success of last year’s presentation on rights reversion and publishing contract terms, we were again selected to present an educational panel at the conference—the largest professional gathering of writers, writing programs, and publishers in the United States.

This year’s presentation, Demystifying Copyright: A Crash Course on the Law of Literature, features intellectual property experts Rebecca Tushnet of Georgetown University and Jessica Silbey of Northeastern University. Copyright controls authorship’s inputs, in terms of how we can use the works of those who came before us, and its outputs, in terms of how others can use our work. But the law is too often arcane and its opacity can be disempowering. This panel of legal experts will outline important copyright basics and tackle some of the stubborn myths and misconceptions surrounding our copyright system.  The discussion will be moderated by Authors Alliance executive director Brianna Schofield.

In addition to the panel, Authors Alliance will also staff an information booth at the AWP conference bookfair.  We will be available for the duration of the conference to distribute educational materials, speak directly with authors, and answer questions about issues such as copyright, contracts, rights reversion, open access, and termination of transfers.

We look forward to the opportunity to connect with authors, creators, and our members and spread the word about our tools and resources. If you are planning to attend AWP this year, be sure to stop by our table and say hello!

Welcome, Brianna Schofield!

Posted February 1, 2017

We are delighted that Brianna Schofield has joined Authors Alliance as our new Executive Director, effective today. Schofield is a copyright attorney licensed to practice in California, and has extensive experience in working on our core issues thanks to her leadership at the Samuelson Law, Technology, and Public Policy Clinic at UC Berkeley Law. She is co-author of our handbooks on rights reversion and open access, and is a knowledgeable and passionate advocate for authors’ rights, fair use, and other key issues of importance to our community. In addition to her legal and policy expertise, she brings a wealth of business management experience to her new role.

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“Over the past two years, I have had the great privilege of partnering with Authors Alliance to develop resources that advance the mission of the organization,” Schofield says. “In working on these projects, I have been inspired by the devotion of Authors Alliance members and leadership to the shared goal of promoting widespread access to knowledge and creativity. As the new Executive Director, I am incredibly excited to expand upon this work and to continue to support authors who want to share their works broadly.”

The Authors Alliance board and core staff are excited to welcome Schofield on board and to introduce her to our community. “Brianna is an exceptionally well qualified person to succeed our former (wonderful) Executive Director Michael Wolfe,” says Authors Alliance President Pamela Samuelson. “We are delighted to have her on board as our ED.”

Brianna can be reached at brianna@authorsalliance.org. Please join us in welcoming her to her new role!

Authors Alliance Submits Comments Regarding the U.S. Copyright Office to the House Judiciary Committee

Posted January 31, 2017

Today, Authors Alliance submitted comments to the House Judiciary Committee in response to an initial proposal by Representatives Bob Goodlatte (R-VA) and John Conyers (D-MI) to reform the U.S. Copyright Office. The Committee invited comment on four proposed reforms intended to reorganize the office, bolster expertise, modernize technology infrastructure, and allow for pursuit of small claim infringements.

We applaud the Judiciary Committee for soliciting stakeholder input on these important issues, and we will continue to monitor developments at the Copyright Office and keep our members up to date as the Office seeks a new Register of Copyrights and works to implement reforms. The full text of our comments may be read below:

Copyright Week 2017: New Media and New Rules for 21st-Century Creators

Posted January 19, 2017

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It’s copyright week! This week, Authors Alliance is joining a group of organizations in reflecting on some of the principles that help make copyright law an engine of creativity.

Copyright is intended to fuel creativity by helping creators secure the rights they need to comfortably and profitably continue with their work. But creators come in all shapes and sizes and many internet-age creators have very different needs from the copyright system than some of their more traditional peers. We need a system that works to foster these digitally-empowered voices, but too often the system we have does just the opposite.

In particular Section 1201 of the Digital Millennium Copyright Act, which provides legal protection for digital locks on copyrighted goods, has been deeply problematic for new and important creative works. We have written previously about Authors Alliance’s effort to obtain an exemption to this law that preserves authors’ right to make one important kind of fair use in the digital age. The exemption, which we explained in detail here and here,  protects the fair use rights of e-book authors, allowing them to bypass the encryption on DVDs, Blu-ray, and other media in order to use film clips in multimedia e-books.

In comments filed with the U.S. Copyright Office in 2015, we asked for an exemption to allow multimedia e-book authors to circumvent technological protection measures in order to embed video content into their works for fair use purposes, just as they have been able to embed quotations and images into their paper books. We requested that the previous 2012 exemption be modified to allow authors to access  more kinds of video content and use it in their multimedia ebooks for any fair use, not just film analysis.

While we were pleased to see the Acting Librarian of Congress announce a Final Rule preserving and expanding this important exemption, the solution is a patch at best: a sliver of fair use preserved for a sliver of authors for a short term of years. We need long-term solutions that ensure that the law both allows and fosters digital creativity that depends on fair use.

New technologies open up creative possibilities unheard of even a decade ago. Instead of being locked down, these innovations should be fostered, and creators allowed to fully rely on fair use in the digital world.

Copyright Week 2017: Foster Transparency and Representation in Copyright and Provide Input on the Next Register of Copyrights

Posted January 18, 2017

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It’s copyright week! This week, Authors Alliance is joining a group of organizations in reflecting on some of the principles that help make copyright law an engine of creativity.

Copyright law has many stakeholders, including creators of all kinds and the consumers of their works. Traditionally, however, only a narrow band of copyright’s constituents have had real representation in setting copyright policy, which has typically put the interests of certain classes of commercial creators and industries first. From the start, Authors Alliance has worked to bring the voices of creators who wish to share their work broadly to these important debates.

Today, the United States is at a critical inflection point in how it makes copyright policy and whose interests are considered in the process, with a new Librarian of Congress currently working to appoint a new Register of Copyrights (the highest ranking official at the United States Copyright Office and the U.S. government’s leading copyright expert).

In fact, the resignation of Register of Copyrights Maria Pallante last fall brought about renewed scrutiny of the entire U.S. Copyright Office, as well as calls for reform—notably from Rep. Goodlatte and the House Judiciary Committee in December.  Key points under consideration are the Office’s relationship to the Library of Congress, its organizational structure, and the pressing need for modernization and technological upgrades.

The Library of Congress is currently seeking input from the public on the qualifications and priorities for a new Register of Copyrights. The Copyright Office is tasked with serving a diverse constituency whose values and goals are often at odds with one another. The leadership transitions at LOC and the Copyright Office have created a significant opportunity to see a copyright office that is both more effective at its core functions (most especially, registering copyrights and copyright transfers), and more cognizant of the diversity of interests in our copyright system. The debates are real, and the consequences far-reaching. Now is the time for those of us who support openness, a broad view of fair use, and protections for individual creators, to advocate for our values.

Authors Alliance is closely following these developments at the Copyright Office in the coming year, and is committed to continuing seeing our members’ interests represented in these kinds of venues. We encourage all of our members and allies to take the LOC’s survey by the January 31 deadline to ensure that we—as authors and creators whose work is both helped and hindered by copyright policy—have a voice in the ongoing debates on copyright reform.

 

Copyright Week 2017: Building and Defending the Public Domain

Posted January 16, 2017

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It’s copyright week! This week, Authors Alliance is joining a group of organizations in reflecting on some of the principles that help make copyright law an engine of creativity.

The public domain—the realm of works not subject to copyright restrictions—is a vital part of our creative system, providing the shared history, raw material, and expressive freedom essential to authorship and intellectual inquiry. It is worth celebrating and protecting, as Authors Alliance noted in our Principles and Proposals for Copyright Reform. In that document, we wrote that the law should “recognize the interests of both authors and the public in the public domain.” We elaborated:

The public domain . . . is critical to the scholarly and creative activities of authors. For too long, the law has ignored the importance of works in the public domain as essential building blocks for new creations. Copyright law should expressly recognize the public domain and the interests of authors and the public in its continued existence. Moreover, the law should recognize the public domain as inviolable: once made free to all, works and ideas should not again be subject to restrictions imposed by copyright law, by contracts, or by technology.

This bedrock principle is one we continue to support and are pleased to highlight this Copyright Week. Share our belief in the importance of the public domain to creative work? Join us as a member and show your support!

Why Universities Need Scholarly Communications Experts

Posted December 20, 2016

Pamela Samuelson, President, Authors Alliance

Note: This article originally appeared in the Chronicle of Higher Education on December 11, 2016, but is available to subscribers only. The full text is reprinted below.

Universities have long felt victimized by proprietary publishers who charge their libraries large sums of money for the journals, books, and other materials in which faculty research is regularly published. Why, university administrators often ask themselves, do we have to pay twice for this work: once when we pay faculty members’ salaries, and then again when we pay for the journals and other publications in which their research appears?

In the last two decades, many administrators have come to realize that advances in communications technologies present opportunities for their institutions and faculty members to achieve their missions of producing and disseminating knowledge more effectively than ever before. Indeed, scholars can now reach and have an impact on readers all over the world, not merely on a small and closed community of fellow academics.

In an effort to take advantage of the opportunities of the digital age and reverse or at least mitigate the more troubling trends in scholarly publishing, some leading research universities, including the University of California at Berkeley and at Davis, Duke and Harvard Universities, and the University of Toronto, have hired scholarly communications experts. While these professionals’ assistance in shaping institutional information policies has been invaluable, even more significant is the role that they can play in achieving bottom-up changes in the culture of scholarly communications.

They can help faculty members, students, and other researchers become more knowledgeable about managing their copyrights and publishing contracts, understanding what they can and can’t do with the work of others, and complying with federal or grant mandates about enabling public access to research and data.

These specialists are especially valuable in creating lines of communication between university librarians, who are responsible for acquiring and managing large collections of scholarly materials that their communities need to access, and the faculty, students, and researchers who both use and produce scholarship. Those users sometimes struggle over copyright, contract, and other policy issues when deciding what they can and should do with scholarly materials produced by others, and when determining how best to disseminate their own work.

If faculty members, in particular, get smarter about copyright and publishing contracts, universities may be able to make faculty research more widely available. Either by negotiations or by university policy, professors may be able to retain sufficient rights to make and authorize nonprofit educational uses of their works. This could enable them to post it on course websites, put it in digital libraries, and grant permission to colleagues to do the same without having to get publisher permissions or pay fees. Such dissemination serves universities’ teaching and research missions, and the interests of scholars who write to have an impact on their students, their fields of study, and the larger society.

Scholarly communications officers and directors are generally located in research library offices, but their responsibilities include answering questions and offering guidance for the entire campus community. Here are just some additional services they can provide:

  • Review publishing contracts and make suggestions about terms for which faculty members should try to negotiate (e.g., a rights reversion clause if the work sells below a certain level per year).
  • Translate contract terms that faculty members don’t understand and explain why publishers might ask for them.
  • Provide advice about open access options and help faculty to decide whether those options might better achieve faculty goals for dissemination of their work.
  • Help authors comply with grant obligations, especially now when government agencies and other funders often require public access to research conducted with their grants.
  • Talk with professors about fair use issues. If a historian, for instance, wants to quote from a subject’s letters or use photographs from the 1950s, a scholarly communications officer can point her to resources about copyright law’s fair use doctrine. This helps faculty to make more informed judgments about whether their desired uses are consistent with copyright norms as well as norms of their fields.
  • Make suggestions about how an author can clear necessary rights if the intended uses go beyond what fair use would reasonably allow.
  • Help authors recapture, through rights reversions, faculty whose books may have been out of print or otherwise commercially inactive for decades. Authors Alliance, of which I am president, has published a guide to rights reversions and templates for letters to send to publishers to regain control of copyrights, but most faculty members don’t know about these resources. Scholarly communications experts do.
  • Advise graduate students about whether to agree to embargos of their dissertations and how to think carefully about the terms of any embargo. Today’s scholarly work that is “born digital” has the potential to reach a global audience immediately, yet graduate students face familiar insecurities about publication and job prospects. The scholarly communications office can help them learn at the very outset of their scholarly careers about how to establish their academic reputations and maximize the impact of their scholarship.

Designation of a scholarly communications officer is not a silver bullet that will reverse the rising costs of scholarly journals or shrinking budgets for monographs and other resources. Nor can it ensure that scholarly communications will reach its full digital age potential. But experts in the field can build valuable connections between the researchers who consume and produce scholarly works and the librarians who are responsible for acquiring these works and making them accessible. And their universities are investing in a better future for scholarly communications.

Authors Alliance Comment to U.S. Copyright Office Supports Print-Disabled Readers

Posted November 9, 2016

As part of our ongoing advocacy in the space, Authors Alliance has again responded to the U.S. Copyright Office’s call for further comments regarding anti-circumvention provisions in Section 1201 of the Digital Millennium Copyright Act. We believe in making reasonable exemptions from the law that protects digital “locks” that keep content inaccessible. In the past, we have successfully advocated for for such an exemption supporting the creative work of multimedia ebook authors, and earlier this year, we submitted comments in support of streamlining the law’s rulemaking process.

Our most recent comment is in favor of a permanent exemption that would improve access to copyrighted works by people who are blind, visually impaired, and print disabled. There is broad consensus that such an exemption is beneficial and necessary; in fact, it has been granted in every rulemaking cycle since 2003. We fully support a permanent exemption that would help make our members’ works accessible to these audiences. Read the full text of the comment here.

Announcing Brianna Schofield as our next executive director

Posted November 4, 2016

We are delighted to share the news that Brianna Schofield will be joining Authors Alliance as our new Executive Director, effective February 1, 2017. “Brianna Schofield is ideally positioned to provide both broad vision and individual assistance to authors who need to manage their rights and reach their readers in the digital age,” says Authors Alliance co-founder Molly Van Houweling. Schofield is a copyright attorney licensed to practice in California, and has extensive experience in working on our core issues thanks to her leadership at the Samuelson Law, Technology, and Public Policy Clinic at UC Berkeley Law. She is co-author of our handbooks on rights reversion and open access, and is a knowledgeable and passionate advocate for authors’ rights, fair use, and other key issues of importance to our community. In addition to her legal and policy expertise, she brings a wealth of business management experience to her new role.

“Over the past two years, I have had the great privilege of partnering with Authors Alliance to develop resources that advance the mission of the organization,” Schofield says. “In working on these projects, I have been inspired by the devotion of Authors Alliance members and leadership to the shared goal of promoting widespread access to knowledge and creativity. As the new Executive Director, I am incredibly excited to expand upon this work and to continue to support authors who want to share their works broadly.”

The Authors Alliance board and core staff are excited to welcome Schofield on board and to introduce her to our community. “Having worked with Ms. Schofield on our rights reversion and open access guides, I know she shares the values and understands the mission of Authors Alliance,” says Authors Alliance president Pamela Samuelson. “With her experience as a professional photographer, as well as her legal training and expertise in copyright law, she is an exceptionally well qualified person to succeed our current (wonderful) Executive Director Michael Wolfe. We are delighted that she will soon come on board as our ED.”

Please join us in welcoming Brianna to her new position. As our organization continues to grow in scope and reach, we are thrilled to have such a talented candidate to lead Authors Alliance into 2017 and beyond.

New Survey Informs Our Guide to Fair Use for Nonfiction Authors

Posted November 3, 2016

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CC0 image by andibreit

In partnership with organizations that support nonfiction authors, Authors Alliance is developing a Fair Use Best Practices Guide for Nonfiction Authors to help nonfiction authors navigate fair use. To make this the most effective and useful resource possible, we’re requesting your help via a short survey.

Nonfiction authors often incorporate preexisting material in their works (e.g., quotations, images, figures, lyrics, and sound recordings). Sometimes including preexisting material is permitted under an exception to copyright protection called “fair use,” but other times such uses require obtaining permission or a license from the copyright holder. It can be difficult for nonfiction authors or publishers to know when to rely on fair use and when to seek permission or a license.

Our forthcoming Fair Use Best Practices Guide for Nonfiction Authors will identify the most common situations that nonfiction authors encounter when incorporating preexisting materials into their works. It will also provide authors and publishers with guidelines that reflect the community’s understanding about acceptable fair use practices when using these materials. We need your help to make the resource useful to the nonfiction author community!

Please take ten to fifteen minutes and respond to our survey by November 18, 2016. We greatly appreciate your input on this important issue. Your responses will help to inform this guide and build a useful resource for you and your colleagues.