An open letter to J.R. Salamanca

[The work in
question (The Lost Country, by J.R. Salamanca) appeared on a Hathi Trust
listing of orphaned works that were scheduled to be made available to the
public. The Author’s Guild, which is suing the Hathi Trust, determined that the
author was still very much alive and available, and did not want his work
freely distributed.]

 

[From the
article
[Kevin Smith is Duke University’s Scholarly Communications
Officer]: Your “case,” if I can call it that,
illustrates two things.  First, that the process of identifying orphan
works in the Hathi corpus needs to be tested and refined, which Hathi is
committed to doing.  Second, in the rare instance like yours where the
process actually turns up an author who does still own copyright, the rational
course for that author is to embrace the mission of Hathi and of libraries
everywhere of connecting books with readers, and to exercise their right to
make their book(s) fully viewable.  Please believe me, that is a much
better option than having a book live out its term of copyright on
hard-to-access shelves in high-density storage.]

 

An
open letter to J.R. Salamanca

By Kevin Smith, J.D. On September 16, 2011

Source: http://blogs.library.duke.edu/scholcomm/2011/09/16/an-open-letter-to-j-r-salamanca/

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U-M Library statement on the Orphan Works Project

U-M
Library statement on the Orphan Works Project

September 16th, 2011

The close and welcome scrutiny of the list of potential orphan works has
revealed a number of errors, some of them serious. This tells us that our pilot
process is flawed.

Having learned from our mistakes—we are, after all, an educational
institution—we have already begun an examination of our procedures to identify
the gaps that allowed volumes that are evidently not orphan works to be added
to the list. Once we create a more robust, transparent, and fully documented
process, we will proceed with the work, because we remain as certain as ever
that our proposed uses of orphan works are lawful and important to the future
of scholarship and the libraries that support it.

It was always our belief that we would be more likely to succeed with the
cooperation and assistance of authors and publishers. This turns out to be
correct. The widespread dissemination of the list has had the intended effect:
rights holders have been identified, which is in fact the project’s primary
goal. And as a result of the design of our process, our mistakes have not
resulted in the exposure of even one page of in-copyright material.

Source: http://www.lib.umich.edu/news/u-m-library-statement-orphan-works-project

Round One To Authors Guild In Orphan Works Squabble

[From the article: Authors’ groups from around the world then responded with a
lawsuit demanding permission to seize the Hathi Trust. A few days later, the Authors Guild announced that J.R. Salamanca, the author of one of the
alleged orphan works, was not only living but was also surprised and annoyed to
discover the universities planned to share his book. That revelation has
apparently now caused the University of Michigan to flinch. “The close and
welcome scrutiny of the list of potential orphan works has revealed a number of
errors, some of them serious. This tells us that our pilot process is flawed,”
said a statement by the University of Michigan.]

Round One To Authors Guild In Orphan
Works Squabble

The
Authors Guild is crowing after universities decided to suspend the release of
over one hundred orphan works—in-copyright books whose owners can’t be
found—after the Guild tracked down a number of the missing owners.

paidContent.org
via Yahoo! Finance – Sep 19 08:24am Source:
http://finance.yahoo.com/news/In-Orphan-Works-Squabble-paidcontent-824114690.html?x=0&.v=1

Can’t Find ‘Orphan’ Authors? Writers Group Says It Had No Trouble

[From the article: Several universities recently declared, against the wishes of
the Author’s Guild, that they will begin sharing digital versions of so-called
orphan works—books whose copyright holders can’t be found. Now the Guild has
produced a surprise find to undermine the universities. The Guild announced
today that it tracked down the author of one of the orphan works that the
universities plan to release this fall—and that it did so with a simple Google
(NSDQ:GOOGNews) search. The discovery is a
public relations coup for the Authors Guild, and comes just two days after it
filed a lawsuit to stop the schools from going forward with their plan.]

Can’t Find ‘Orphan’ Authors? Writers
Group Says It Had No Trouble

Several universities recently declared, against the
wishes of the Author’s Guild, that they will begin sharing digital
versions of so-called orphan works—books whose copyright holders can’t be
found.

paidContent.org
via Yahoo! Finance – Sep 14

Source: http://finance.yahoo.com/news/Cant-Find-Orphan-Authors-paidcontent-280011433.html?x=0&.v=2