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memberships at reasonable subscription prices, in analogy to the way institutional income from the primary jour nals allows AIP and its societies to pro'vide members with primary services at low subscription prices.

Other abstracting and indexing services, such as Chemical Abstracts Service, Engineering Index. Bulletin Signaletique and Referativni Zhurnal, should recognize that we encourage them to use the abstracts from AIP and society copyrighted journals, so long as they do not produce Englishlanguage, secondary services in the science of physics that detract from services AIP could produce for its own society memberships with its own copyrighted material. Therefore, we plan to institute procedures for licensing the use of our copyrighted material by other services, and we expect that in most cases these licenses will be readily granted.

The services offered by the National Lending Library, Boston Spa, UK, provide me with my third example of new copying techniques that affect our operations here at AIP. This library has developed an overnight mail service through which copies of articles from any journal can be supplied to customers in the UK at low cost. Such an operation is the forerunner of future similar services in every major country of the world. The major English-language abstracting and indexing service in the science of biology is eagerly awaiting the arrival of such services in

the US, and in that same field an investigation is in progress "to discover whether there is not a large number of journals for which one copy could ade. quately serve US, British and Canadian users."6

The position AIP and its societies takes on developments such as these, intended to provide better access services to the journals, is, of course, favorable. Indeed, we are eager to see such services growing, and plan to sup. port them with the products and services that are their raw materials. However, just as with the Soviet photocopies and the use of copyrighted abstracts mentioned earlier, we should be recompensed for subscriptions lost because of these services if we are to maintain financial viability.

The financial situation

How much money is involved in lost subscriptions from, say, just the three examples cited above?

From the information supplied by the USSR on their photocopied-journal sales, we know we have lost $300 000 each year from that category alone. Add another estimated $100 000 for losses due to their translation journals and book collections made up of AIP. published articles, and we find a total loss to AIP from the Soviet operations of more than $400 000 per year. For the loss of income to AIP and societies resulting from the lack of a licensing agreement with IEE for Physics Abstracts we can look at the conclusions

of IEE's negotiating team as they were stated during the summer of 1973. That team agreed with the concept of AIP receiving $190 000 per year for the use of the computer tape, and we can therefore assume this to be a minimum estimate of the annual loss in AIP income from this source.

My third example above, cover-tocover reproduction of articles from AIP and society journals, gives rise to a loss of income that is much harder to figure than it was for the first two examples. The loss of subscriptions that the AIP and its member societies have suffered over the last five years has been substantial-see figure 1. We have lost about 20% of the total number of subscriptions we had in 1966. Domestic non-member and member subscription losses account for most of this decline, while foreign subscriptions and total society membership have been relatively stable. We therefore make the assumption that the subscription loss is attributable largely to wholesale copying of single articles by institutions in the US. An estimate of the dollar value of the subscriptions lost for this reason is about $400 000 per year.

The total estimated losses for these three effects is thus about $1 million per year, an estimate that is admittedly crude. If this money were available to AIP and the member societies, page charges to authors and subscription prices to readers could both be decreased, with obvious benefits for the

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"advancement and diffusion of the knowledge of physics." Copyright principles

To protect the financial viability of AIP and society publishing operations, the appropriate principles involved in the copyright process need to be presented and understood in some detail. We should remember that the particulars of the copyright claimed for a given physics article will affect four different individuals or groups: the author of the article, his employer, the publisher of the journal and individual users and republishers: Let us consider each in turn.

First, the author of the article. He originates the material that is published and usually makes the decision on where it should first appear (with either active or tacit agreement of his employer). He decides whether the subject matter of the article should be patented, whether it should be supplied to a publisher for a fee, or to a publisher (such as AIP) who expects a fee in the form of page charges. Once he makes this decision, the author should comply with the conditions of the publisher-normally stated in the journal or by a separate letter.

If the author decides to publish with AIP or one of the member societies, he should be asked by the publisher to assign, in writing, full publication and republication rights to the publisher. This request should be made at the time the editor accepts the manuscript for publication.

Should the article be subsequently republished, either by itself or as part of a collection of articles, the original publisher should give the author the opportunity to register errata or corrections to the material as first published. Thereafter, the publisher should serve for the articles in his trust as the scien tific and financial negotiator with republishers.

The author should have the right to make nonprofit or noncommercial use of his work, provided he affixes to each copy, in the position legally required, the copyright notice used by the AIP or society publisher when the article was first published. To make or authorize commercial use, for profit, of his work the author must first obtain the written consent of the AIP or society.

I mentioned earlier that the copyright protection is limited to the expression of ideas in the published work and protects against outright copying of the work but not against copying of the ideas. The author must be aware of this limitation.

The author should be given the opportunity to write his own abstract, and also to assign the appropriate classification and indexing terms required - when the article is inserted into the

Table 2. Secondary services

Meeting programs of abstracts (for exam.
Physical Review Abstracts
ple, BAPS, PASA, etc)
Annual journal indexes
Cumulative journal indexes
Current Physics Titles
Current Physics Advance Abstracts
SPIN computer tape of abstracts from
journal articles

Bibliographies (lists of articles) on a given subject

Journal tables of contents

data base of an information-retrieval system. He can thus be assured of the scientific validity of both abstract and classification. This author-written abstract then becomes as much a part of the copyrighted material of his article as the individual paragraphs of the main text, or the figures, tables, and so on.?

The second individual affected by copyrighting procedures is the author's employer. He normally helps to defray the cost of publication of his employee's manuscript, if it is to appear in an AIP or member-society journal, by making a page-charge contribution; in return he may want to retain some rights over the published material. For example, the employer might give permission for first publication only, reserving to himself the rights for republication if such conditions are accepted by the publisher. If no conditions are stated when the manuscript is submitted, the publisher must assume that there are none -except those dictated by custom or tradition.

When the employ: is the US Goverment we have a special case. Articles written by US Government employces as part of their official duties are in the public domain and are not covered by copyright.

The publisher is the third individual for whom copyright interpretation is important. He may elect to publish only that material for which he has full publication rights, both for initial and republication. AIP-owned journals operate under the principle that unless otherwise stated, submission of a manuscript is a representation that it has not been copyrighted, published, or currently submitted for publication elsewhere.

When a publisher such as the AIP or a member society copyrights an issue of one of its journals, the rights apply to the whole issue. Such a copyright gives the publisher, as against third parties, "the same rights as if he had secured a separate copyright on each individual piece."8 This statement applies equally to the copyright protec

tion of each individual abstract of a copyrighted issue of Physics Abstracts, for example, as it does to the protection of each individual abstract in an AIP or society copyright journal. For this reason, abstract services (such as Chemical Abstracts Service) have insisted that their copyright notice appear on copies made, under license and for a fee, of pages and abstracts from their abstracts journals-even when these abstracts are taken verbatim from copyrighted journals.

Lastly, we should consider the rights of individual users and republishers. An individual scientist has an accepted right to copy a copyrighted article for his own use under the traditional copyright concept of "fair use." Republishers, as in the three examples in this article, will at times use the argument that they are operating under the "fair use" concept. Clearly, when a republisher uses every page or every abstract in a systematic, production manner, whether for commercial or noncommercial purposes, he is doing something more than "fair use" and is in infringement of copyright if he does so without permission of the copyright owner.

What are the prospects?

Our examination of the copyright issues that face AIP and its member societies has shown how complex are the problems that arise under US copyright laws; then how much more complex must be the international implications! The examples quoted earlier in this article demonstrate in some defree how the AIP and member societies publishing program interacts with the programs of foreign publishers, libraries, and so on, each operating under the copyright law of his own country. These other nations too are taking a hard look at copyright legisla tion in the light of modern developments, with the result that we can expect a shifting pattern of interrelating national copyright laws to affect our physics journals for some time to come.

One example of the kind of change we might expect is the licensing scheme, varieties of which are being tried out in at least three countriesSweden, France and Canada. The Swedish scheme permits multicopying of works protected by Swedish copyright only on payment of a small fee. Surveys indicate that 150 million page-copies are made in Sweden each year; rough estimates for the US suggest that several billion page-copies are made here per year. Even if the new scheme works in Sweden (and it is still too new for conclusions to be drawn) we cannot be sure that a similar plan would be appropriate here.

While we are monitoring possible US developments in the national copyright

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

The problems of the scientific journals are quite dissimilar from the problems 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 US 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 day-to-day threat than changes in reprographic technology, which is moving very fast in the US and indeed over the whole world. Each new advance in copying technology is potentially a new area where AIP and society copyright protection might be eroded yet further.

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

Important contributions to this article were made by various members of the AIP staff and committees and, particularly, by Morton David Goldberg of Schwab and Goldberg. New York City. Their assistance is gratefully acknowledged.

References

1. The Random House Dictionary of the
English Language (Jess Stein, ed), Ran-
dom House, New York (1966); page 323.
2. Omnibus Copyright Revision: Compara-
tive Analysis of the Issues, Cambridge
Research Institute (American Society for
Information Science), Washington D.C.
(1973); page 97.

3. See Copyright: Current Viewpoints on
History, Laws and Legislation (A. Kent,
H. Lanour, eds), Bowker, New York
(1972); and reference 2.

4. H. W. Koch, "Support the Communications Revolution," editorial in PHYSICS TODAY, February 1973, page 88.

5. Biological Abstracts, 56(4), 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. DANIELSON. Thank you. Now, Mr. Lieb and Mr. Hoopes, you both referred to an item that troubles me here, the definition of "systematic reproduction," what do you mean by that? And please give it to me kind of quickly, if you could.

Mr. LIEB. When a library, whether it is the large central research library, or the mother library in the network, when by plan or effect it regularly produces copies-regularly as distinguished from sporadically or on occasional instances regularly produces copies 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 Senate report.

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

Mr. DANIELSON. 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 today a significant problem before the advent of the quick copying equipment? Mr. LIEB. I don't think so, sir.

Mr. DANIELSON. I am going to make an observation, then. Quick copying is here to stay; in fact, it is going to get quicker, and easier, and better; it is bound to. So, I think what we have to do, instead of fighting the inevitable like the motion pictures fought television for a long time-we just have to find a way where we can accommodate this thing, and live with it. Copying is not going to go away.

Mr. HOOPES. That's right, Mr. Chairman, and that is precisely our position. The publishers are in no way opposed to wide dissemination; we would simply like a reasonable licensing arrangement to cover works that are going to be copied in very large quantities; that is to say, under systematic copying arrangements.

Mr. DANIELSON. I was glad to hear that other people don't worry about the first amendment because I find it quite a problem in this committee.

One other item I had here. What about page charges, Dr. Cairns? Dr. CAIRNS. The page charge came to the fore in about 1962 and applied, I think, almost entirely to the publication of technical societies, which was honored by a Government policy, which was first enunciated in 1964 by the Federal Council on Science and Technology, which allowed the page charges which were in the order of $20 to $50 a page, printed page, of a publication, allowed this as a valid charge against research grants of Federal agencies. It was subsequently then reissued in slightly modified form by Dr. Guy Stevers within the past year. That charge was studied by the technical societies, and generally speaking it is not mandatory; in other words, publication proceeds, even though page charges are not honored. But it is a source of income.

Mr. DANIELSON. To whom?

Mr. LIEB. To the societies who are publishing journals, and is entered into the budget of the general publication.

Mr. DANIELSON. What does the author of these articles derive in the way of monetary or other valuable considerations? Mr. LIEB. He gets fame and prestige.

Mr. DANIELSON. That's what I thought.

Dr. CAIRNS. That is the name of the game.

Mr. DANIELSON. Oh, I have written a few, and I received exactly the same amount. [Laughter.]

Mr. KARP. Speaking for the authors, let me make this point. First of all, I should point out Mr. DeCassey who sits behind me represents the-association, no, page charges are not available from Government grants to commercial publishers, for profit.

Mr. DANIELSON. By "society" you are talking about a so-called nonprofit organization.

Mr. KARP. The point I would make is this. First of all, the amendments and exemptions proposed by the library associations apply to all single copying, a tremendous amount of which is done of literary and artistic material, short stories, essays, the works; those authors write for money. As Dr. Cairns has pointed out, there is a very definite monetary motive for authors to write.

Mr. DANIELSON. One last question. In the type of copying that we are talking about, technical journals and the like, as opposed to the ones Mrs. Linden will tell us about tomorrow, which cover the whole gamut of intellectual products, who are the users in the sense ofare they something scandalous like "The Scarlet Letter" or are they truly technical books? Who uses them, in the sense of what category of person uses those copies?

Dr. CAIRNS. I didn't hear what you said.

Mr. DANIELSON. Are we talking about fiction here, or are we talking about strictly technical types of information?

In the Constitution it says here, "To promote the progress of science. and the useful arts"; now, are we talking about "Gone With the Wind," or are we talking only about

Dr. CAIRNS. What we are talking about are the general terms of science. I think Mrs. Linden spoke about the useful arts.

Mr. DANIELSON. We have a quorum call on. Thank you very much for your patience. You know, by holding over for 12 minutes you got exactly your allocated amount of time. I appreciate your help very much; I'm sorry we couldn't give you more time.

Just winding up, tomorrow we will meet again, at 10 o'clock, and for the record, we have statements from the American Business Press, the Federal Librarians Association, the Special Libraries Association, the Wisconsin Interlibrary Loan Service, Music Library Association, Association of Research Libraries, Williams & Wilkins Co., American Institute of Chemical Engineers, Advocates for the Arts, Department of Health, Education, and Welfare, Dr. Ray Woodriff, Montana State University, and the American Association of Law Libraries. [The following statements were received for the record:]

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