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PUBLICATIONS OF THE AMERICAN INSTITUTE OF PHYSICS AND MEMBER SOCIETIES

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memberships at raonable subscrip te pr i n analog to the way insti. turonal income from the primary jour nats alk. All end is viies to pro

de members with primary services at low ou becription prices

Othm abstracting and indexing mer won, such Chemical Abstrat is Ser

4. Engineering Inder Bulletin Sue naletio and Referatuni Zhurnal,

them to use the abstracts from AIP and sety copyrighted journals. $0 long - they do not produce English. languag, secondary services in the *cance of physics that detract from Nne AIP could produce for its own

xiety memberships with its own copy. nghted material. Therefore, we plan to institute procedures for licensing the use of our copynghted material by other services, and we expect that in most cases these licenses will be readily fanted.

The service offered by the National landing Labrary, Boston Spa, UK, pro. vide me with my third example of new copying techniques that affect our op. amat ons here at AIP Thus library has developed an overnight mail service through which copies of articles from any oumal can be supplied to custom en in the UK at low cost. Such an operation is the forerunne! of future milar Mervices in every major country

the world The major English lan reap abatracting and indening service in the science of biology $ eagerly caiting the arrival of such services in

the US, and in that same field an in- of IEF's negotiating team as they were Vestigation is in progress "to discover stated dunng the summer of 1973. whether there is not a large number of That team agreed with the concept of journals for which one copy could ade. AIP receiving $190 000 per year for the quately serve US. British and Canadi. Use of the computer tape, and we can an users.'"

therefore assume this to be a minimum The position AIP and its societies estimate of the annual loss in AIP intakes on developments such as these come from this source. intended to provide better access ser M y third example above, cover tovices to the journals, is, of course, fa cover reproduction of articles from AIP vorable. Indeed, we are eager to see and society journals, gives rise to a los such services growing, and plan to sup. of income that is much harder to figure port them with the products and ser than it was for the first two examples. vices that are their raw materials. The loss of subscriptions that the AIP However, just as with the Soviet pho and its member societies have suffered tocopies and the use of copyrighted abover the last five years has been substracts mentioned earlier, we should be stantial-see figure 1. We have lost recompensed for subscriptions lost be about 20% of the total number of subcause of these services if we are toscriptions we had in 1966. Domestic maintain financial viability,

non-member and member subscription

lomes account for most of this decline, The financial situation

while foreign subscriptions and total How much money is involved in lost society membership have been rela. subscriptions from, say, just the three tively stable. We therefore make the examples cited above?

assumption that the subscription loss From the information supplied by is attributable largely to wholesale the USSR on their photocopied journal copying of single articles by institu. sales, we know we have lost $300 000 tions in the US. An estimate of the each year from that category alone. dollar value of the subscriptions lost Add another estimated $100 000 for for this reason is about $400 000 per losses due to their translation journals year. and book collections made up of AIP The total estimated losses for these published articles, and we find a total three effects is thus about $1 million loss to AIP from the Soviet operations per year, an estimate that is admitted. of more than $ 400 000 per year. Forly crude. If this money were available the loss of income to AIP and societies to AIP and the member societies, page resulting from the lack of a licensing charges to authors and subscription agreement with IEE for Physics Ab prices to readers could both be de. stracts we can look at the conclusions creased, with obvious benefits for the

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"advancement and diffusion of the

tion of each individual abstract of . knowledge cf physics."

Table 2. Secondary services copyrighted issue of Physics Abstracts,

for example, as it does to the protecCopyright principles

tion of each individual abstract in an To protect the financial viability of Meeting programs of abstracts (for exam.

AIP or society copyright journal For

ple, BAPS, PASA, etc) AIP and society publishing operations, ang operations. Physical Review Abstracts

this reason, abstract services (such as the appropriate principles involved in Arinual journal indexes

Chemical Abstracts Service) have anthe copyright process need to be pre. Cumulative journal indexes

sisted that their copyright notice spsented and understood in some detail. Current Physics Titles

pear on copies made, under license and We should remember that the particu. Current Physics Advance Abstracts

for a fee, of pages End abstracts from SPIN computer tape of abstracts from lars of the copyright claimed for a

journal arocles

their abstracts journals even when given physics article will affect four Bibliographies (lists of articles) on a given these abstracts are taken verbatim different individuals or groups: the subject

from copyrighted journals author of the article. his emplover the Journal tables of contents

Lastly, we should consider the nshte publisher of the journal and individual

of individual users and repubiabete. usts and republishers. Let us consid.

An individual scientist has an accept. er each in turn

ed right to copy & copyrighted an.cle First, the author of the article. He

for his own use under the traditional originates the material that is pub. data base of an information-retrieval copyright concept of "fair use" Repu. lished and usually makes the decision system. He can thus he assured of the blishers, as in the three examples in on where it should first appear (with scientific validity of buth abstract and this article, will at times use the arrueither active or tac t agreement of his classification. This author-written ab."ment that they are operating under the employer). He decides whether the stract then becomes as inuch a part of "fair use" concept. Clearly, when a subject matter of the article should be the copyrighted material of his article republisher uses ever page of etery patented, whether it should be sup- as the individual paragraphs of the abstract in a systematic production plied to a publisher for a fee, or to a main text, or the figures, tables, and so manner, whether for commercial or publisher (such as AIP) who expects a on?

noncommercial purposes, heu dong fee in the form of page charges. Once The second individual affected by something more than "fair use" and he makes this decision, the author copyrighting procures is ihe author's is in infringement of copyright he should comply with the conditions of employer. He normally helps to defray does so without permission of the copy. the publisher-normally stated in the the cost of publication of his right owner. journal or by a separate letter,

employee's manuscript. If it is to ap. If the author decides to publish wiih pear in an AIP or member society jour.

What are the prospects? AIP or one of the member societies, he nal, by makina pe ze charge contribu. Our examination of the copyright should be asked by the publisher to as- tion, in retum he may want to retain issues that face AIP and its prerr.ber sim, in writing, full publication and some rights over the published materi a letica has shown how compies are republication rights to the publisher. al. For example, the er piyer might the problems that anse under U'S avoyThis request should be made at the give permission for first publication nght laws; then how much more time the editor accepts the manuscript only, reserving to himxell the nights for complex must be the international for publication,

republication if such conditions are ac plications! The examples quoted earSwould the article be subsequently cepted by the publisher I no condi. hier in this article demonstrate in some repubiished, either by itself or as part tons are stated when the manuetip: is degree how the AIP and member 30of a collection of articles, the original submitted the pitblisher must assume cieties' publishing program interacts publisher should give the author the that there are none *cept those dic with the programa of foreign publ.sh. opportunity to register errata or correc. tated tv custom or tradition.

ers, inbraries, and so on, each operating tions to the material as published. When the employ: is the l'S Gov. under the copyright law of bas own Thereafter, the publisher should serve emment we have a special case Arti- country. These other nations too are for the articles in his trust as the scien cles written by US Government taking a hard look at copyright legisla. Ofic and financial nogotialut with er ployees as part of their official tien in the light of modern developrep iblishers

duties are in the public domain and ments, with the result that we can enThe author should have the right to are not covered by copy wght. .

pata shifting pattern of interrelating make nonprofit or noncon mercial use. The publisher in the third ind.vidual national copyright laws to affect our of us work, provided he affixes to each for whom copyright interpretation is physics journals for some time to come copy, in the position legally required, important. He 'nay elect to publish One example of the kind of change the copyright notice used by the AJP or only that material for which he has full we might expect ts the licensing SUX*y publisher when the article was publication rights, both for initial and scheme, varieties of which are being fint published to make or authorire republication. AIP-wed journals p. tried out in at least three countries commercial use, for profit, of his work erate under the principle that unless Sweden, France and Canada. The the author must first obtain the writ otherwise state, submission 0.a man Swedish scheme permits multicopying ten consent of the AIP or society.

uscript is a representation that it has of works protected by Suedin cupr. I mentioned earlier that the copy. not been copyrighted, pubiihedornght only on payment of a small fee. right protection is limited to the ex. currently submitted for publication Surveys indicate that 150 milin pression of ideas in the published work elsewhere

page-copies are made in Sweden ench and protects against ou right conving W hen a publisher such as the AIP of year rough estinates for the US of the work but not against copying of a member soiel copyright on sue SL gest that several billion page <opies the ideas. The author must be aware of one of its journala, the nights apply are 'Dade here per year. Even if the of this limitation.

to the whole issue. Such Copyright new scheme works in Sweden and it is The author should be given the op. gives the publisher, as a his! third still toy new for conclusions to be portunity to write his own abstract, parties, the same righ's as if he had drawn) we cannot be sure that a su and also to assign the appropriate clas. secured a separate copyright on each lar plan would be appropnate here sification and indexing term> required individual piece."** ! *Intement While we are monitorin p sible l'S when the article is inserted into the applies equally to the copyright protec developments in the national copynght

laws, AIP and its member societies have to keep in mind the framework of the entire l'S publishing business and be aware of how they fit into that framework We would deceive ourselves if we believed that new copynight laws will be drawn up solely for the benefit of this institute and its so. Cieties or even for the entire scientific publishing effort

The problems of the scientific jour. nals are quite dissimilar from the prob. leros faced by the publishing industry as a whole in the area of photocopying, for example, where according to one estimate an average physics article is of special interest to only six readers and would be copied by an equally small number

Any conceivable new copyright law in the l'S would be directed primarily to the larger needs of the general publishing industry. One could imagine circumstances in which rules framed for this community would wipe out the specialized scientific journals.

Currently changes in the law are less important as a dayto-day threat than changes in reprographic technology, which is moving very fast in the CS and inderd over the whole world. Each new advance in copying technol. ogy is potentially a new area where AIP and society copyright protection might be eroded vet further.

The institute and its societies must establish clear and complete copyrights on all their publications, protect these nights once established, and contin. uously and closely monitor all develop. ments that could endanger their own financial investments and the scientific accuracy of their members' published works.

Important contributions to this article were made by arious members of the AIP stall and crmmittees and, particularly Mor. ton Dauid Goldberg of Schiab and Gold. kerg New York City. Their asstance is gratefully acknou ledged

References 1. The Random House Dictionan of the

English Language (less Stein, edi. Ran.

dom House, New York (1966), page 323. 2. Omnibus Copyright Ret 15100 Comparg.

the Anaises the Issues, Cambridge Research Institute (Amer am Scxiety for Information Science), Washington D.C.

(19.), page 97 3. See Copruht. Current Vieu points on

Huston, Lausard Legislation (A Kent,
H Lanour, eds), Bowker, New York

(1972), and reference 2. 4. H. W. Koch, Support the Communica

tions Revolution," editorial in Physics

TODAY, February 1973, page 88. 8. Biological Abstracts, 56(6). 15 August

1973. 6. Information. Part 1, 5(2), 66 (1973). 7. Reference 2, page 90 8. Reference 2, page 161.

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Mr. DANIELSOx. Thank you. Now, Jr. Lieb and Mr. Hoopes, no both referred to an item that troubles me here, the definition of "systematic reproduction," what do you mean by that! And plear give it to me kind of quickly, if you could.

Jr. Lieb. When a library, whether it is the large central heath library, or the mother library in the net work, when by plan or etiet i regularly produces copies-regularly as distinguished from spas radically or on occasional instances-regularly produces cope which are provided to the user in lieu of the original, the book or the journal

Mr. DANIELSON. You are talking about a continuing operation, as opposed to an intermittent or sporadic one.

Mr. LIEB. Correct, and the Senate report makes that clear.
Mr. DANIELSON. Is that what you have in mind, also!

Mr. Karp. I would quickly refer you to the Senate report; it gives the general definition as an example.

Mr. Danielson. You are adopting the definition, then, in the shade report.

Ulr. Karp. And I would point out that the Senate then urged the parties to sit down and work out more detailed guidelines.

Mr. DANIELSOx, Funny they should have that foresight because I'm on the verge of making that same request. (Laughter.]

So, could you consider that request as having been renewed?

Mr. Lieb, was copying of the type we were discussing tovlar a nificant problem before the allvent of the quick copying equipment!

Mr. Lien, I don't think so, sir.

Jr. DANIELSON. I am going to make an observation, then. Quck copying is here to stari in fact, it is going to get quicker, and evert. and better; it is bound to. So, I think what we have to do in lend of fighting the inevitable like the motion pictures fought teleskoon for a long time. We just have to find a way where we can accommodate this thing and live with it. ('opying is not going to go away.

Jr. Ilomis. That's right, Jir. Chairman, and that is prvoplr our position. The publishers are in no war opposed to wide diss!Laton: We would simply like a reasonable licensing arrangement to cofit works that are going to be copiedi in very large quantitie; that is in Sat, unler sistematii mpying arrangements.

Mr. DANTYWN. I wis glad to hear that other people don't T alont the fint amendment le time I find it qinte a problem int! committie.

One other item I had her. Wat alsont pas cop charmsDr. ('irro?

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