Issue 12/04

July 6, 2004

Paula Kaufman, University Librarian, Editor



The EU Commission has launched a study on the economic and technical evolution of the scientific publication markets in Europe , the results of which will be available in 2005. The objective is to determine the conditions required for optimum operation of the sector and to assess the extent to which the Commission can help to meet those conditions. The study will deal with the main topics of the current public debate, such as the future of printed scientific reviews, the risks associated with increases in the price of publications in terms of access to information for researchers, open access to research findings for all and the need to reconcile authors' rights and the economic interests of publishers....The Commission has therefore decided to launch this study in order to answer the following questions:  [1] What are the main changes in Europe?  [2] What and who is driving change and why? If there is any resistance to positive change, what/who is blocking it?  [3] What are the consequences for users (authors, readers, libraries)? Open Access News 6/16/04



Researchers Don King and Carol Tenopir add to Nature’s ‘web focus’ discussion on open access. Their recent work sheds light on favorable and unfavorable aspects of the ‘author pays’ model. In taking a broad system perspective, Tenopir and King examine several important questions: Who should fund author payment? Can subscription and author payment models co-exist? How should new author payment journals be financed? Open Access News 6/26/04



Oxford Journals, a Division of Oxford University Press (OUP), announced recently that its flagship journal Nucleic Acids Research (NAR) is to move to a full 'Open Access' (OA) publishing model from January 2005. NAR will adopt a mandatory OA model whereby authors pay a fee once their paper has been accepted, and all articles published online are immediately available without charge. NAR is a highly respected journal, listed by ISI as one of the top ten 'hottest' journals of the decade in biology and biochemistry (1), and with a world-renowned editorial team. It has been published under a subscription model for 32 years and includes around 1000 original research papers per year, making NAR the first journal of such stature to make a complete switch from a subscription to OA model. The OA model being adopted for NAR has been designed to address various concerns raised in the OA debate thus far, as well as to safeguard the quality and financial viability of the journal. The model, which includes a mixture of author charges, institutional memberships and print subscriptions, as well as significantly lower (or no) charges for authors in developing countries, will mean that no author is prevented from publishing in NAR for financial reasons. However, depending on the degree to which authors across the globe become better funded in the future to pay OA charges, the proportion of publishing costs which can be covered by author charges should be able to rise accordingly.



Don King’s opinion piece in D-Lib Magazine emphasizes the counter-productivity for author payment advocates to denigrate commercial publishers (and profit) and exclude them from the open access model. To do so, he argues, diminishes the model’s chance of success in the long run. He thinks that a more successful approach would be for all of them to join together to test the model, which would be much more productive than the “trickle approach” now taking place. D-LIB Magazine 6/04



Following the recent, positive response to their revised and redesigned Create Change brochure, SPARC (the Schol arl y Publishing and Academic Resources Coalition), the Association of College and Research Libraries (ACRL) and the Association of Research Libraries (ARL) have published a new brochure that introduces open access to scientific and schol arl y research. As with Create Change, the Open Access brochure’s colorful design helps librarians reach out to faculty and academic researchers so they understand an increasingly popular strategy for advancing schol arl y communication in the Internet age. While the Create Change brochure is a general look at schol arl y publishing challenges and options for faculty action, the new brochure presents the benefits of open access to authors, readers, teachers, scholars, and scientists. Facts and figures demonstrate how open access to schol arl y research capitalizes on Internet connectivity to increase a research article’s use and impact. The brochure also suggests steps authors of journal articles can take to provide open access to their work. For example, retaining rights to post their pre- or post-prints in institutional repositories can help ensure broad exposure for a scholar’s research. Broader scale faculty actions include working towards their academic society’s adoption of open access or helping to publish an open-access journal themselves. Electronic copies of Open Access and Create Change, suitable for printing, are available free on the Create Change website at



Paul Blowers and Barbara Williams, Have we Changed the Way we do Research in Response to the Availability of Online Information? A Power Point presentation from the conference of the American Society for Engineering Education Engineering Libraries Division ( Salt Lake City , June 21, 2004 ). Blowers and Williams produce data showing (1) that journals are cited more often after they move online than before, (2) that print-only journals are cited less often after competitors appear online than before, and (3) that "prohibitively expensive" journals, even when online, are cited less often than more affordable journals. Open Access News 7/5/04



Peter Suber , who among other things edits the Open Access News web blog, has written a concise and very useful introduction/primer about Open Access. Read it at



A National Research Council-STEP Board committee chaired by Richard Levin, president of Yale University , and Mark Myers, the Wharton School and formerly Xerox Corp., has released a final report of its 3-year study of patent policy. The report, A Patent System for the 21st Century, focuses on how well the system fulfills its mission of encouraging research, innovation, and the dissemination of knowledge and how it is adapting to rapid technological and economic changes. The panel concludes that the system has shown admirable flexibility in accommodating new technologies and reflecting the greater importance of intangible capital of all sorts. On the other hand, there is reason to be concerned about the quality of issued patents, the resources available to the US Patent and Trademark Office to keep up with the pace of change and volume of applications, features of US law that inhibit the dissemination of information contained in patents and that raise the cost and uncertainty of litigation over patent validity, and infringement, access to patented research technologies for basic non-commercial research, and redundancies and inconsistencies among national patent systems that raise the cost of global intellectual property protection. The committee, composed of scientists and technologists, economists, several patent holders, attorneys in private and corporate practice, legal scholars, and a former federal judge, recommends changes in 7 areas. Other study products released e arl ier include a compilation of research studies of patent quality, litigation, and patenting and licensing in software and biotechnology - Patents in the Knowledge-Based Economy - and Patents in the 21st Century - and a CD-ROM collection of the proceedings of three major conferences. Copies of the final report (due out July/August 2004) and other products are available from June Newsletter - STEP Board



The UK's Joint Information Systems Committee (JISC) has announced a large-scale newspaper digitization project that will result in more than a million pages of searchable texts and associated images from out-of-copyright 19th century newspapers owned by the British Library. The British Newspapers 1800-1900 project has received £2 million in funding from the Higher Education Funding Council and JISC plans to work with the newspaper industry and higher education communities to select which newspapers will be preserved. It is anticipated that likely candidates include The Morning Chronicle (a reformist newspaper that employed a young Ch arl es Dickens as a reporter and W.M. Thackeray as an art critic), and the Morning Post, which featured such writers as Samuel Coleridge and William Wordsworth. The 19th century saw Britain 's evolution from an agrarian society to a global empire, and that transformation will be represented in the broad swath of editorials, features, advertisements and photographs selected, cumulatively representing a significant resource of historical and cultural importance. "This is a marvelous example of collaboration between JISC and the British Library, one of our most important partners," says Sir Ron Cooke, Chair of JISC. "Newspapers represent our culture in a unique way and JISC is proud to help create what will be an invaluable educational resource." (JISC News Release 9 Jun 2004 ) ShelfLife, No. 161 ( June 17 2004 )



CrossRef, the cross-publisher reference linking service, and technology partner Atypon have announced the launch of CrossRef’s new Forward Linking service. In addition to using CrossRef to create outbound links from their references, CrossRef member publishers can now retrieve "cited-by" links—links to other articles that cite their content. This new service is being offered as an optional tool to allow CrossRef members to display cited-by links in the primary content that they publish. Peter Scott’s Library Blog 6/21/04



A previously unpublished work by Graham Greene is to appear this autumn. Described in the Greene collection at the University of Texas as a "film story", No Man's Land features the favorite Greene themes of espionage, betrayal and Catholicism. It comes in October from the small press Hesperus, which specializes in neglected classics. The editor is Dr James Sexton, and there will be a foreword by Ken Follett. Also out this October, 100 years after Greene's birth, will be the third and final volume of Norman Sherry's epic biography. The Guardian 6/19/04,6109,1242223,00.html



A bill in the House of Representatives, HR107, would overturn a major provision of the controversial Digital Millennium Copyright Act of 1998 (PDF), which bars consumers from circumventing encryption on digital media products, even if they only intend to make copies for personal use. The bill's sponsor, Rep. Rick Boucher (D-Virginia), already has 19 co-sponsors, including powerful House Commerce Committee Chairman Joe Barton (R-Texas). It's unlikely the bill will become law this year, but its proponents see the backing as a good sign. In 1998, record companies and Hollywood lauded the DMCA as a way to stop piracy, which they said had accelerated because of digital copying technology. But the DMCA has since evoked buyer's remorse in many lawmakers, who fear they handed copyright holders far more control than intended while eroding Americans' fair use rights. They also worry that the law has criminalized otherwise innocent activities, such as making a personal copy of a purchased CD, or trying to get a DVD to play on a Linux computer. "Congress crafted fair use to be case-by-case," said Fred Von Lohmann, senior staff attorney at the Electronic Frontier Foundation, which has sent Congress about 30,000 letters and faxes from Americans supporting HR107. "The problem with the DMCA is that those debates are never going to happen." Von Lohmann said the DMCA treats all unauthorized copying as a crime, rather than letting courts decide what constitutes fair use—in a nutshell, a legal concept that allows people to copy other people's creative works if they intend to use it for noncommercial purposes, like teaching, criticism or journalism. Congress tried to codify these concepts with the 1976 Copyright Act. "The DMCA has supplanted the balance of the Copyright Act over the last century," Von Lohmann said. Many on the entertainment side, however, bristle at that suggestion. "That's just not true," said David Green, vice president and counsel for technology and new media at the Motion Picture Association of America. "The DMCA retains fair use. It doesn't change fair use in any way." Rather, he said, the DMCA s impl y bars circumvention of copy-protection schemes. He also said fair use has never allowed people to make full backup copies of movies anyway—a notion that many HR107 supporters dispute. Wired News 6/17/04,1412,63876,00.html?tw=wn_tophead_1


Skirmishes between content-producing companies seeking expansive copyright protections and hardware and telecommunications corporations on the other side have resulted in a legislative deadlock on Capitol Hill. Some of the most influential technology companies are planning to announce an alliance that they hope will end the impasse. Called the Personal Technology Freedom Coalition, its purpose is to coordinate lobbying efforts in opposition—at least initially—to the most controversial section of the Digital Millennium Copyright Act, which says no one may bypass a copy-protection scheme or distribute any product that is "primarily designed or produced for the purpose of circumventing" copy protection. The movie industry, record labels and many software publishers are fiercely protective of that section of the law, saying that digital rights management, or DRM, systems backed up by the law are necessary to reduce piracy. But members of the nascent coalition, including Intel, Sun Microsystems, Verizon Communications, SBC, Qwest, Gateway and BellSouth, are lending their support to a proposal by Rep. Rick Boucher, D-Va., to rewrite that part of the DMCA. (See story above.) One participant in the coalition, who spoke on condition of anonymity, said its members already have met with representatives of more than 20 congressional offices. Their sales pitch: Beyond harming "fair use" rights, the DMCA also endangers computer research vital to national security. Other members of the coalition include: Philips Consumer Electronics North America, the Consumer Electronics Association, the American Library Association, the Electronic Frontier Foundation, Consumers Union, the Consumer Federation of America, Public Knowledge, the American Foundation for the Blind, the United States Telecom Association, and the Computer and Communications Industry Association. BNA's Internet Law News (ILN) - 6/23/04 CNET News 6/23/04



Kahle v. Ashcroft is a lawsuit that challenges changes to U.S. copyright law that have created a large class of "orphan works,” which are books, films, music, and other creative works which are out of print and no longer commercially available, but which are still regulated by copyright. Because the copyright system contains no mechanisms to create and maintain useful records of copyright ownership, people who would like to distribute or use these orphaned works—digital libraries, or creators who would like to include the work in their own creative expression—often are unable to clear rights. The copyright system thus denies public access to these orphan works, without creating any countervailing benefit either to authors or the public at large. To win the lawsuit, Kahle et al need your help. They need more examples of people being burdened by these copyright-related barriers to the use of orphan works. You can help them if you have ever wanted to copy, distribute, perform, modify, sample, or generally use an orphan work, but were prevented from doing so because:

You can make your submissions at



The Recording Industry Association of America (RIAA) has filed lawsuits against another 482 people for violating copyrights, bringing the total number of suits filed to 3,429. The RIAA began filing lawsuits in September 2003 as part of its campaign to end illegal file sharing on P2P networks. As with all of the lawsuits filed since January, the new group are "John Doe" suits, which allow the RIAA to file suits against individuals whose identities are not yet known. Only after filing separate lawsuits against individuals identified s impl y as "John Doe" can the RIAA compel an ISP to disclose the identities of those users. Prior to January, the RIAA filed lawsuits against groups of users from the same ISP, but a judge ruled against that process. Included in the latest round of suits are 213 individuals in St. Louis , 55 in Denver , 206 in Washington , D.C. , and 8 in New Jersey . Reuters, 22 June 2004 Edupage 6/23/04



The US Senate has approved legislation that would allow the Justice Department to use civil penalties to go after people who illegally share and download computer files over the Internet. Under the legislation—called the Protecting Intellectual Rights Against Theft and Expropriation Act (PIRATE Act)—the Justice Department would be able to file civil copyright infringement cases against people who wrongfully download or share computer files. BNA's Internet Law News (ILN) - 6/28/04,1412,63999,00.html,,SB108820092814147912,00.html



For those who are blind or visually impaired, listening to spam via text-to-speech software is just one of many daunting obstacles they encounter when venturing online. It's been more than five years since federal officials tried to set an example by mandating that go vern ment Web sites and those of its suppliers must be accessible by people with disabilities. But many report the online world is still rife with digital roadblocks. The answer, activists say, is to universally impl ement consistent Web standards that ensure accessibility and usability. 6/21/04



For the last few years, librarians have increasingly seen people use online search sites not to supplement research libraries but to replace them. Yet only recently have librarians stopped lamenting the trend and st arte d working to close the gap between traditional schol arl y research and the incomplete, often random results of a Google search. "We can't pretend people will go back to walking into a library and talking to a reference librarian," said Kate Wittenberg, director of the Electronic Publishing Initiative at Columbia University . Ms. Wittenberg's group recently finished a three-year study of research habits, including surveys of 1,233 students across the country, that concluded that electronic resources have become the main tool for information gathering, particul arl y among undergraduates. In the Columbia survey, 90 percent of the faculty members who responded said they used electronic resources in their research several times a week or more. Ne arl y all said it was a valuable resource. While the accuracy of online information is notoriously uneven, the ubiquity of the Web means that a trip to the stacks is no longer the way most academic research begins. The biggest problem is that search engines like Google skim only the thinnest layers of information that has been digitized. Most have no access to the so-called deep Web, where information is contained in isolated databases like online library catalogs. Search engines seek so-called static Web pages, which generally do not have search functions of their own. Information on the deep Web, on the other hand, comes to the surface only as the result of a database query from within a particular site. Use Google, for instance, to research Upton Sinclair's 1934 campaign for go vern or of California , and you will miss an entire collection of pamphlets accessible only from the University of California at Los Angeles 's archive of digitized campaign literature. Some estimates put the number of Web pages that are hidden from the view of most search engines at 500 billion. Librarians are trying to bring material from the deep Web to the surface. In recent months, dozens of research libraries began working with Google and other search engines to help put their collections within reach of a broader public. New York Times 6/21/04



SPARC (the Schol arl y Publishing and Academic Resources Coalition) has announced its support for an innovative effort in collaboration with the International Coalition of Library Consortia (ICOLC) and the Southeastern Library Network (SOLINET) to marshal library support for long-term open access to the Stanford Encyclopedia of Philosophy (SEP) The initiative aims to build an endowment sufficient to cover SEP’s continuing operating costs and sustain its free accessibility on the public Internet. SPARC has designated the Stanford Encyclopedia of Philosophy a SPARC publisher partner, and is encouraging its members to use funds allocated from their SPARC purchase commitment to help build the SEP endowment. The new partnership between SPARC and SEP allows SPARC to broaden its support for open access publication and continue to reach into the humanities. The global funding initiative for SEP, organized by ICOLC and admin istered by SOLINET, aims to generate US $3 million over three years from the academic and library community. In addition, Stanford University will try to raise $1.125 million (over 3 years) from private donors, corporations, etc., in support of the SEP. The ICOLC, SPARC, SOLINET and Stanford are working together to submit grant proposals to help in the fund-raising. Founded in 1995, SEP is a dynamic, community-maintained digital-only reference work. It currently contains more than 500 entries in 35 subject areas, including philosophy of science, aesthetics, history of ideas, feminism, ethics (theoretical and applied), social and political philosophy, and logic. New entries and updates are added on a regular basis. Because its content is readily accessible via popular web search engines such as Google, SEP is widely used by scholars, students and the general public. The encyclopedia is accessed more than 300,000 times per week on its principal web site at Stanford University and three mirror sites at universities in Sydney , Amsterdam , and Leeds . SPARC Directors Mailing List.



The Federal Depository Library Program has fallen behind in cataloging and preserving access to go vern ment documents published only on the Web. As a result, public access to those publications is spotty at best. 'This is not a problem; this is a crisis,' said Daniel Greenstein, head of the California Digital Library....Fugitive documents are electronic publications that remain outside the federal depository collections in 1,300 libraries nationwide.... Many online publications remain uncataloged and unavailable at depository libraries because federal officials fail to notify GPO that the publications exist....Even copyright issues are clouded in the online publishing world. No one is certain, for example, whether the rights are free and clear when independent contractors supply go vern ment information, [Greenstein] said. Federal Computer Week , June 21, 2004 . Open Access News 6/22/04



CalState Northridge business librarian Alan T. Schroeder Jr. calls attention to some research by Robert Dellavalle of the University of Colorado Health Sciences Center on the phenomenon of so-called dynamic URLs. "In a recent issue of Science, Dellavalle and colleagues determined after only three months, the journals New England Journal of Medicine, Science and Nature had 3.8 percent of their article references inactive.

After 15 months, 10 percent were found inactive and after 27 months, 13 percent were inactive. These journals are print staples in most research libraries and if references in these heavyweights are susceptible to incomplete research, imagine the percentages in less reputable publications related to URL longevity." He continues: "Incomplete repointing (or 'hardware reconfiguration') of servers leads many to a research dead end.

If the required URL now has a new IP address with no legacy page or 'paper trail' created during repointing, you probably will never find that URL again. As server hosts come and go, mergers occur, data migrates to new systems and companies go bankrupt, expect this problem to continue. Expect URLs to continue to disappear with no explanation. And expect to see a lot of conflicting and duplicative research." What can be done in the short term? Schroeder urges researchers involved in ongoing, lengthy research to

recheck URLs for accuracy and currency on a monthly or bi-weekly basis as their research progresses toward publication. ( Darwin Magazine Jun 2004) ShelfLife, No. 162 ( June 24 2004 )



While online publishing has the advantage of making an author's work instantly available to millions of people, it also diminishes the author's ability to gauge the impact of that work. Tim Brody, a Ph.D. candidate at the UK 's University of Southampton , has been working with a new field called Digitometrics, which combines the results from citation analysis with Web logs. By counting the number of times an article has been downloaded, it's possible to get an idea of its impact. Brody has set up a citation analysis service called Citebase, based on the content in arXiv, a physics subject archive. He anticipates numerous similar services springing up in the Open Access environment. One of the most important aspects of Digitometrics, says Brody, is that it will shift analysts' focus from rating journals to rating specific articles. This in turn may lead to a system of looking for patterns to predict the future impact of an article. (ScieCom Info 7 Jun 2004 ) ShelfLife, No. 162 ( June 24 2004 )



Even as many society publishers are moving toward liberalizing the embargo period for research journals (i.e.; BMJ Publishing Group; American Diabetes Association), others are choosing to pull back and impose longer embargoes. The American Society of Tropical Medicine and Hygiene <> has chosen to double the embargo period for the American Journal of Tropical Medicine and Hygiene from 6 months to one year. No rationale for the change appears at the society's website or on the journal website. The extension of the embargo period will be impl emented gradually, through the end of the year, so no current, free access will be removed—simply, no new issues will be freely accessible until e arl y 2005. The American Psychiatric Association <>, in doubling the embargo period from 1 year to 2 years, appears to have shown no compunction in withdrawing free issues to impl ement the new lag period. George S. Porter Sherman Fairchild Library of Engineering & Applied Science California Institute of Technology Mail Code 1-43, Pasadena, CA 91125 Telephone (626) 395-3409 Fax (626) 431-2681 contributor | SPARC-OAForum Digest #271



Electronic journals are fast replacing print in many academic and research libraries. And at most libraries, it seems inevitable that this format transition will run to completion. What effects will these developments have on library operations and nonsubscription expenditures? This question is addressed in a new report from CLIR, titled The Nonsubscription Side of Periodicals: Changes in Library Operations and Costs between Print and Electronic Formats. The report was written by R oger C. Schonfeld, Donald W. King, Ann Okerson, and Eileen Gifford Fenton. It is available free on this site in PDF format. An Executive Summary and HTML version of the report will be available shortly. Print copies also will be available for ordering in the near future.



The university press community has been jarred in the last year by a spate of subsidy cuts or announced closings of presses, including some successful, highly respected operations such as Northeastern University Press, University of Massachusetts Press , and the University of Idaho Press . But those tales of demise, note Association of American University Press officials, are still premature. In the spring edition of the AAUP newsletter, The Exchange, AAUP Communications Manager Brenna McLaughlin writes that, despite the announcements, none of those operations has yet to close. For example, an aggressive reorganization at the UMass Press will keep the press on solid footing despite the loss of its annual subsidy of $340,000, about 20 percent of its budget . At the University of Idaho Press , operations have been suspended until a new president takes office on July 1. But a recent distribution deal with the Caxton Press) and a commitment to explore other options have led to optimism that the press may live on. McLaughlin said that, since the announcement, a number of university press directors have offered suggestions and strategies that could be considered by Idaho 's admin istration as alternatives to closing. At Northeastern, operations continue while talks proceed to keep the press running, including a plan to join a consortium of presses. Meanwhile, the reorganization at UMass, while painful, appears to be effectively moving the press to solid financial ground despite the loss of its subsidy. In The Exchange, Peter Givler, AAUP's exec utive director, praises the various admin istration s for considering continued operations. Though it's fair to ask what can be cut from a university budget , he points out that a university press is a comparatively minor expense for most admin istration s and offers a vital benefit—a voice: "A voice that expresses the university's commitment and to the development of ideas, and also to the university's deep engagement with the life of its own community." Library Journal Academic News Wire: June 24, 2004 AND Premature Obits for Some Schol arl y Publishers



ALPSP and Blackwell surveyed professional associations and schol arl y societies around the world to see if they generate publishing surpluses and, if so, how they use them. 68 of the 154 approached responded. They were almost equally divided between those who do their own publishing and those who contract it to a third party. The sample is skewed to societies who contract to Blackwell and to societies in the UK . About 1/3 of the respondents do not make a surplus from their publishing. Of those self-publishers that generate a surplus, the median surplus was 15% of revenue. Those that contract out reported that publishing surpluses represented a median of 30% of total society revenues; those who don’t reported it is only 20%. Funds generated from surpluses are used to support the subject community (lower conference fees, research grants), public education, and support for the society and its membership in particular (free or reduced-price copies to members, keeping membership dues low, supporting the society’s operating costs).The detailed data are extremely interesting and revealing. SPARC-OAForum Digest #276



A project from a consortium featuring the British Library and others will archive more than 6000 web sites, Ingrid Marston reports in British Library plans to archive whole UK Web, ZDNet UK , June 24, 2004 . (Source: The Virtual Chase) Evidently the archive will include discussion forums, weblogs and "informal material," along with go vern ment documents. "One of the problems faced by the consortium is that, due to UK copyright law, permission is needed before a site can be archived. The British Library is working with the go vern ment to extend the law to allow them blanket access to all Web sites ..." From another article by Marston, Saving Shakespeare's Blog, CNet, June 24, 2004, we learn that a "First Folio of Shakespeare, two Gutenberg Bibles and the scribbled lyrics to 'I Want to Hold Your Hand,'" are among the materials under consideration for archiving. Open Access News 6/28/04,39020330,39158517,00.htm's+blog/2100-1025_3-5246785.html



The Wellcome Trust, in partnership with the Joint Information Systems Committee (JISC), and the National Library of Medicine (NLM) are working together on a project to digitize the complete backfiles of a number of important and historically significant medical journals. The digitized content will be made freely available on the Internet – via PubMed Central – and augment the content already available there. The Wellcome Library exists as a resource to provide access to the documentary record of medicine. This project is one way of translating that vision into the digital age. The project will begin in spring 2004; all the journals should be available online by spring 2006. The first few titles digitized under this project will be online e arl y in 2005. Peter Scott’s Library Blog 6/26/04



A new study released by FIND/SVP, a provider of business research, advisory, and consulting services, highlights the economic impact of ineffective and deficient research tools. According to the study, 84% of respondents feel that Web searches take longer than they should due to poor results, resulting in an estimated $31 billion in wasted time. Seventy-two percent of respondents state that they would be more efficient if better Internet search tools were available. Other results from the survey: more than a qu arte r of respondents (28%) spend between 6 to 10 hours weekly researching online; 67% of those surveyed find it difficult or impossible to do their job without Internet research; more than a qu arte r (27%) of those surveyed use the Internet to conduct research 15 hours or more per week; half of those surveyed said that their searches produce too much information and finding exactly what they need is too time-consuming; and more than half (55%) of those surveyed said that they receive search results that are unfocused and provide irrelevant information. EContent Xtra Newsletter 6/29/04



The Supreme Court divided 5-4 over a law passed in 1998, signed by President Clinton and now backed by the Bush Administration. The majority said a lower court was correct to block the law from taking effect because it likely violates the First Amendment. Led by Justice Anthony M. Kennedy, the majority in the opinion said there may have been important technological advances in the five years since a federal judge blocked the law. Holding a new trial will allow discussion of what technology, if any, might allow adults to see and buy material that is legal for them while keeping that material out of the hands of children. 6/29/04


Six library and archives associations today filed an amicus curiae brief in Faulkner v. National Geographic Society, a case that has major impl ications for projects that involve retrospective digitization of print versions of schol arl y materials and the public's access to those materials. The brief was filed by the American Association of Law Libraries (AALL), American Library Association (ALA), Association of Research Libraries (ARL), Medical Library Association (MLA), Society of American Archivists (SAA), and Special Libraries Association (SLA). At stake in the case is whether publishers of collective works and others who may choose to legitimately digitize them can re-publish those works in a digital format without seeking permission of authors or other contributors. Several freelance photographers, as well as some writers, sued the National Geographic Society (NGS) for copyright infringement because some of their works are included in a CD-ROM produced by the NGS. The CD-ROM contains photo-scanned images of the entire print version of the National Geographic magazine from 1888 to 1996 in a searchable format. A lower court found that the publication on CD-ROM is permissible under the Copyright Act. The library and archives associations are asking the U.S. Court of Appeals for the Second Circuit to affirm that decision. The associations filed the amicus brief because of their concern that a reversal of the lower court decision would thwart efforts to digitize selected library collections, thus reducing access to these important resources by the public. The associations support the decision by Judge Kaplan of the U.S. District Court for the Southern District of New York that the Copyright Act permits the NGS to reproduce and distribute, through the CD-ROM compilation, the copyrighted materials that appeared in the original issues of the magazine. Judge Kaplan found that as long as digital versions place photographs and articles in the same context as the print original, there is no infringement of copyright. Thus the District Court determined that the fact that articles and photographs appear in a new medium makes no difference to the case. Faulkner v. National Geographic Society differs considerably from New York Times v. Tasini, in which the Supreme Court affirmed the copyright privileges of freelance writers whose works were originally published in newspapers and periodicals and then licensed by the publishers to commercial electronic databases. The associations believe the Copyright Act permits publishers, libraries, archives, and the public to take advantage of new technologies to preserve and distribute creative works to the public if no changes are made to the original work once republished in a different format. ARL Announce 6/30/04


The scholarly communications are also on line at