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Libraries and Information Sciences is prepared to assume responsibility for financing and to cosponsor with the Conference a project to compile library statistics on photocopying, including testing a payment mechanism. As had been indicated, the interlibrary loan is a very important instrument in providing information, and the added matter of recording the photocopying that is done, and fitting that information into a central clearinghouse, we believe, can be developed in a relatively low-cost system, especially in view of the existing electronic mechanisms and continuing advancement with such mechanism. Mr. PATTISON. I just have one more question. On page 6, Mr. Karp, you referred to a Xerox per page fee as a royalty, and I am wondering if that is accurate. In other words, is that the charge Xerox makes when they lend a machine to you, whether you are taking pictures of your hand, or some copyrighted material, there is still a fee.

Mr. KARP. You copy a page, the library copies a page on the Xerox machine-I think this is useful to illustrate that point-and Xerox gets paid for every page they copy for the use of its property, 2 cents a page, or whatever the arrangement is. The material on the page to the librarians is of lesser significance, so they say it shouldn't be paid for.

If I may, Mr. Chairman, Mrs. Linden who has been prominent in the deliberations on photocopying and represents several publishers wishes to make a comment.

Mr. DANIELSON. Go right ahead, ma'am. You know we are on borrowed time because the House is in session.

Mrs. LINDEN. I'll try, 2 minutes, thank you very much. The discussion this morning, its major portion centered on the photocopying and duplication of scientific and technical journals. If you would be good enough to look at sections 107 and 108, they deal-section 107– with fair use of all copyrighted material, sheet music, and the library photocopying issue, the most immediate one by consensus of all, relates to scientific and technical journals. But that is not to say that the language promulgated in section 108 relates only to scientific and technical journals. Focusing too narrowly on the most immediate element expressed this morning it is my fear-and I hope unfounded-that the larger and fundamental issue might be overlooked, and that is a change in the express language of 108, and the elimination of the subsections requested by the library group would affect all intellectual copyright, books, scientific books, encyclopedias of all kinds, children's books, all literature that we are discussing. And it does so not only retroactively where we are dealing with legislation, but proposes to regulate prospective uses of all intellectual property.

And therefore I urge strongly that we not look so closely to the minute of Professor Low's illustrations which we all concede are fair use, and forget the basic issues that sections 107 and 108 relate to. Thank you.

Mr. DANIELSON. Thank you, ma'am. For the record, will you give us your name and your affiliation?

Mrs. LINDEN. My name is Bella Linden; I'm partner in the firm of Linden & Deutsch and represent some of the major educational publishers.

Mr. DANIELSON. I understand we are going to have you back tomorrow, so, this is sort of an advance showing, is that right? No; you are welcome back

[Laughter.]

Thank you. We don't have a quorum call, we are in session, but I have a couple of quick questions and comments I would like to make. Dr. Cairns, you produced some interesting figures relative to circulation. It would be helpful to me at least, and I think to the other members of the committee, if you could provide us with some data on that. And I hope you will be good enough in doing so, to be very conservative in your computations, so that we will have good, hard figures to deal with. If you would comply with that request, we would appreciate it.

Dr. CAIRNS. We will give you those. [The material referred to follows:]

AMERICAN CHEMICAL SOCIETY,
Washington, D.C., June 25, 1975

Hon. ROBERT W. KASTEN MEIER,
Chairman, Subcommittee on Courts, Civil Liberties, and the Administration of
Justice, Committee on the Judiciary, U.S. House of Representatives, Wash-
ington, D.C.

DEAR CONGRESsman KastenMEIER: During the hearings held in May 1975 on H.R. 2223, Congressman Danielson requested supplemental information of the American Chemical Society for inclusion in the record of those hearings. Therefore. I have enclosed for your information and that of the Subcommittee a chart comparing circulation of scholarly journals published by the American Chemical Society during 1969 and 1974. The request for supplemental information, which indicates the magnitude of the decline in circulation of these journals, was made during the discussion of the potential effects of continued photocopying on circulation of scientific journals.

I have also taken the liberty of providing you with a copy of "Copyrighting Physics Journals" by Dr. H. William Koch, Director of the American Institute of Physics. Please note that the article has been reprinted from Physics Today-not photocopied by us. I believe you will find that the article further indicates that the decline in journal circulation is a result of widespread photocopying of single articles.

On behalf of the Society, I wish to thank you again for the opportunity of presenting our views on copyright revision as it relates to the issue of photocopying. The Society would be pleased to cooperate in any way with you and the Subcommittee on Courts, Civil Liberties, and the Administration of Justice in resolving this issue.

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Copyrighting physics journals

Unauthorized photocopying and republishing by

other institutions threatens the wide dissemination of research results and the financial stability of our publishing program.

*

H. William Koch

Changes in the manner of publishing and disseminating physics information have been coming faster and faster during the last decade or so, and with them they have brought an increasing. ly urgent need for changes in copyrighting procedures and practices. Every user of American Institute of Physics and its member societies' journals is bound to be affected in some way, as will be the authors contributing to the journals, when journal copyright ambiguities and inconsistencies are clarified. Will the individual physicist, or his library, be able to continue purchasing primary journals and secondary-information products at fair market prices or will he be subsidizing the commercial use of these products in some other form, or in some other country? Will the one quarter of all AIP society members who (according to one count) themselves contribute, as authors, to the physics literature at some time or other be completely clear as to their rights to protect the scientific integrity of their own published works? Or will they find that questions concerning the re-use of their works dissolve into a fog of international disagreements?

The issues involved in journal copy. rights have scientific as well as financial significance; they are also fundamental and critical at this time. Society officers are concerning themselves more and more with the issues and feel the need for involving society members in the problems and the resolution of these problems.

The scientific issues are at times subtle, relating to rewritten abstracts that attempt to duplicate authors' original abstracts, uncorrected pages

H. William Koch is director of the American Institute of Physics.

that propagate inadvertent errors, and inaccurate translations into another language. But the financial implications are clear. I shall present here some estimate of the substantial reduction in AIP and member-society income represented by subscriptions lost as a result of unlicensed publication of complete issues of our journals in foreign markets, of unlicensed use of abstracts, and of increased photocopying -all matters related to the copyright questions. The sum could be as high as $1 million per year; compare this to the total subscription income of AIP and its societies, in 1973, of $4 million (from primary journals) and $275.000 (from secondary services), and you will see why AIP and its member societies cannot afford to neglect copyright issues. In fact, if the balance becomes very much worse, one can see how the entire physics-publishing operations of AIP and its societies would become imperiled--with repercussions that would extend far beyond the AIP society membership.

I should point out at this stage that there is no intention of attempting to limit the photocopying or reproduction of single journal articles by individual physicists for their own use. Indeed, we take a favorable attitude to the increasing use of the primary journal material, such as in abstract journals or in translations by foreign publishers. This is, after all, in keeping with the Institute's stated aim, the "advancement and diffusion of the knowledge of physics ..." But satisfactory agreements must be worked out between the copyright owner and the republisher to protect the scientific interests of the authors and the financial investments of the publisher. Unless agreements are completed, problems are bound to develop. Typical of the existing prob

lems are those, discussed in this article, that arise from wholesale coverto-cover copying of all, or parts of, AIP and member-society journals by foreign institutions, other publishers and libraries.

The problems

All of the primary and secondary journals of the AIP and its member societies are copyrighted-see figure 1 for the complete list. The copyright owner (AIP or member society) thereby enjoys, according to one definition,1 "the exclusive right, granted by law for a certain number of years, to make and dispose of and otherwise to control copies" of the journals. But this protection has disadvantages as well as advantages arising from the fundamental limitation of statutary copyright generally to the "expression of ideas in a published work."2 The copyright protects against outright copying, or paraphrasing, but not against a subsequent original work that utilizes the same idea.3

There is a marked contrast between copyright and patent issuing practices. Patents are thoroughly researched and eventually granted to protect the ideas themselves; copyright is perfunctorily registered, without research, when the published work and its copyright notice are presented at the Copyright Office and a $6.00 fee is paid. Also, to establish proof of violation of copyright one must prove actual copying of the work; proof of patent violation, on the other hand, may be found irrespective of whether the defendant's work is indeed a copy or is an independent creation.

Incidentally, there is commonlaw protection against copying of unpublished works.

In seeking adequate copyright protection for the journals, AIP and its so

cieties are naturally trying to protect their financial investment. Currently an $8 million per year enterprise, this physics-publishing business is worth more than $30 million when integrated over the past five years. However, there is another aspect that must also be considered. AIP and society jour'nals contain almost 90% of all the physics research and education results published in the US. The journals provide a means for establishing scientific standards; they are the public record of research performed by members of AIP societies, and they are the basic resource embodying the knowledge of physics that AIP and its member societies are chartered to advance and diffuse.

So what is wrong with copyright as far as we are concerned? The three basic reasons for its inadequacy are: ▷ The antiquated copyright law of 1909, which could not anticipate new copying technologies such as computerized information systems, photocopying and micropublishing

▸ Rapid expansion in the applications of these techniques, without regard for copyright protection and, therefore, without recompense for lost subscrip

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New copying technologies

Individual physicists have traditionally approved of the rapid and wide dissemination of science information made possible by the photocopying of journal articles. Their attitude could be summed up as "It's great; who cares about the financial and legal details?" This kind of emphasis on easy copying and dissemination may have been ap propriate ten years ago before other significant considerations became as compelling as they are today. But we must now recognize that a means has to be developed for obtaining recompense for the production costs of the journals, despite the elusiveness and pervasiveness of the new copying technologies. Otherwise society dues, member subscription rates and page charges for physicists will have to increase, or the journals and the societies will have to stop their operations.

Although AIP and its societies have been actively developing techniques for accomplishing and stimulating wide dissemination of physics results, these developments must be coupled with an appropriate sharing of expenses by in

stitutional users, such as libraries, universities and research laboratories both in the US and abroad. Not only does inadequate sharing exist in the US today, but the situation is being aggravated by the rapid growth in the tendencies of various nations to reproduce and disseminate, within their boundaries," scientific and technical information originating in other countries without recompense to the original publishers for the resulting losses in subscription income. Because 55% of the 300 000 subscriptions sold by AIP for itself and its member societies each year are to foreign readers and institutions, the significance to AIP and societies of these international developments is enormous, representing several million dollars per year.

Three examp'es

To be more specific about these developments let me give in some detail three examples; these are cases where AIP and society journals are reproduced by others on an inclusive, cover. to-cover basis. They concern the photocopying, for sale, of our journais by the USSR, the copying of abstracts by the Institution of Electrical Engineers in London for use in Physics Abstracts, and the reproduction of articles by the National Lending Library in England for its customers in the UK. These three examples are typical of the problems we are beginning to face on many fronts as massive operations threaten to displace the roles of AIP and its societies as publishers.

Last year the USSR signed the Universal Copyright Convention (effective. 27 May 1973), and one result has been that we now have some details of the extent of cover-to-cover photocopying of journals the Soviet Union. The data in Table I, provided by the USSR, show that some 15 AIP and 30ciety journals are currently being photocopied and sold every page of every issue in the USSR. The number of copies of each issue is put at an aver age of 400, and sales are made at artiñcially set subscription prices to USSR and east European customers. The additional income AIP would have received had it sold these copies amounts to more than $300 000 per year.

We have other data relating to com plete translations of AIP and society journals made in the USSR, but no detailed information on the books of collected papers, either photocopied or translated from our journals, that we know in some instances are being produced in quantities of about 50 000 copies each.

With the signing of the Universal Copyright Convention by the USSR there is some hope that we can develop equitable agreements with them cov. ering:

‣ dollar payments to AIP for lost sub. scriptions for some journals

royalty-free permission for AIP and the Optical Society of America to continue their translations from Russian into English of 15 Soviet physics jour. nals, including about half of the Soviet physics published in journals, in return for:

▷ reproduction privileges in the USSR for some of our journals

▸ reductions in the number of complete copies of AIP and society journals produced in the USSR, competing with our own sales in Asia and both western and eastern Europe.

Negotiations now in progress are expected to set up a similar pattern of future agreements with China, India and other countries.

My second specific example concerns Physics Abstracts, produced in London by the Institution of Electrical Engineers. This publication uses, verbatim, every abstract from every journal published by AIP and its societies. Abstracts taken from AIP and society journals represent a large fractionmore than 25% of the total numbers of journal abstracts in Physics Ab

stracts.

In recent times, increases in the amount of physics literature to be covered and in the unit cost of including each abstract combined to force up the subscription prices to Physics Abstracts, the key IEE service (now at $380 per year compared to $12 per year in 1967). The result was the virtual elimination of the individual physicist subscriber from the market for comprehensive abstracts services and the concentration of IEE on institutional subscribers. On the other hand, AIP's obligation to attempt to serve individual members with useful abstract services continued.

In order to meet that obligation, AIP has negotiated with IEE to supply AIP's abstracts in computer-readable form and to he recompensed equitably for the substantial savings accruing to IEE as a result. Part of the agreement would result in income to assist in the improvement in secondary services of the sort listed in Table 2 and supplied by AIP to individuals. Thus the agreement would have financial as well as scientific implications and would provide IEE with licensed use of AIP's copyrighted abstracts. Abstracts written by authors and reviewed by editors are just as much a part of the journal article as are figures, tables, and individual paragraphs, all of which are protected by copyrights.

We hope that negotiations with IEE will lead to the continued use of our author-produced abstracts together with some arrangements for sharing of the financial return from the institutional sale of physics secondary services. Thus AIP could support the development of this kind of service for its

PUBLICATIONS OF THE AMERICAN INSTITUTE OF PHYSICS AND MEMBER SOCIETIES

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