[Air-L] public private

Alex Halavais alex at halavais.net
Fri Aug 10 13:53:47 PDT 2007


On 8/10/07, Heidelberg, Chris <Chris.Heidelberg at ssa.gov> wrote:
> I think that the smart thing to do legally
> is to get signed informed consent forms and talent agreements locked
> down early to protect oneself for future uses both academic and public.

<snip>

> study; however, I think one has to take certain steps to protect oneself
> legally and enable one to have the ability to publish commercially if or
> when the opportunity becomes available.

Chris,

I don't want to be contentious on this issue, but I not only don't
think that such permission is necessary, I see it as potentially
harmful.

First of all, to be clear, many of us doing research plan to publish
it "commercially," as this remains the norm in many of our fields.
Even if we do make money doing it, many of the journals do. So, from
my perspective, the commercial/non-commercial division is of little
importance. It could potentially become important were someone
mounting a fair use defense, but I think the focus should remain on
the nature of the use.

I would hate to see seeking releases for web materials become the
norm. Academic publishers are skittish enough, but if we continually
draw the line on fair use closer and closer to the bone, there will be
few fair uses left. If that happens, scholarship will be hurt.

Quoting a blog as part of blog research, I feel, is a nearly ideal
case of fair use defense for criticism and analysis. I certainly
understand the better safe than sorry approach, but I would advice
that we take the principled position that fair use is necessary for
our scholarship and not embrace willingly such restrictions.

- Alex

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