Trends in copyright practices of scholarly electronic journals

TRENDS IN COPYRIGHT PRACTICES OF

SCHOLARLY ELECTRONIC JOURNALS

Pamela Pavliscak

The number of scholarly electronic journals is rapidly increasing and represents a diverse array of fields, ranging from political science to medicine to medieval studies. Scholarly electronic journals increased to 240 in 1993 from 110 in 1991. Currently, the number of scholarly electronic journals exceeds 500.’ The rapid growth of electronic scholarly journals is currently attributable to cost benefits and timely access to research. Networked scholarly communication prom- ises benefits of multimedia elements, hypertext links, and collaboration and peer commentary, although journals currently incorporating these features are few.

The plasticity of digital documents, which afford easy copying, manipulation, editing, and transforma- tion from one medium to another, has prompted several proposed amendments to the United States Copyright Act of 1976, which attempt to address publication of electronic materials, particularly in a networked environment. Two bills pertaining to copyright and digital information will be considered in spring 1996; H.R. 2441, the NII Copyright Protection Act of 1995, under consideration by the House of Representatives, and S. 1284, by the Senate. Both bills reflect the recommendations of the Commerce Department’s White Paper, which uses an economic model for intellectual property in the networked environment.2

Pavliscak is Coordinator of the Electronic Text Center at Rice University, 626 Fondren Library, Houston, TX 77005,713-527-8101, e-mail: [email protected].

Changes in copyright law, particularly those based on the White Paper recommendations, will be critical to how scholarly journals and other research published

-TRENDSINCOPYRIGHTPRACTICES OFSCHOLARLYELECTRONICJOURNALS- F~~~1996 39

in a networked environment will be accessed. Current copyright practices and policies of electronic scholarly journals, particularly those which were established in the fall of 1995, when the Commerce Department’s White Paper was published, indicate that electronic journal publishers give a wide latitude toward fair use and encourage information sharing. These journals, which emerged during the same period as the White

paper, make assumptions about use in direct opposition to those of the proposed legislation.

SCOPE ANDMETHODSOFTHESURVEY

For the purposes of this study, scholarly electronic journals are those which function primarily as a publi-

Table 1 Journals in the Survey

Title URL Response

American Journal of Maternal/Child Medicine http://www.ajn.org/mcn/5.9/m509toce. It WWW Policy Statement Online

Ancient History Bulletin

Architronic: The Electronic Journal of Architecture

British Archaeology

Chreods

Education Policy and Analysis

Electronic Journal of Radical Organization Theory

European Molecular Biology Network Newsletter

Institute of Physics Journals

Internet Research

Journal of Buddhist Ethics

Journal of Chemical Physics

Journal of Paleolimnology

Journal of Seventeenth Century Music

Journal of South Asia Women Studies

Journal of World Anthropology

LIBRES

Music Theory Online

National Law Journal

Network Science

Nordic Journal of Philosophical Logic

Oxford University Press Journals

Project Muse Journals

TC: A Journal of Biblical Textual Criticism

World Wide Web Journal of Biology

http:N137.122.12.15/Docs/Directories/ AHB/AHB.html

http:/larcrs4.saed.kent.edu/Architronic/

http://britac3.britac.ac.uk/cba/ba/ba.html

http://s13a.math.acammu.ac.uk/Chreods/ Chreods_Intro.html

http://info.asu.edu/asu-cwis/epaa/welcome.html

http://tui.mngt.waikato.ac.nz/leader/ journal/ejrot.htm

http:Nwww.ch.embnet.org/embnet/

http:l/www.iop.org

http://www.mcb.co.uk/liblink/intr/ jourhome.htm

http://www.gold.ac.uk/jbe/jbe.html

http://icp.uchicago.edu/

http://www.umanitoba.ca/geosci/ PALEOLIM/jopl.html

http://www.sscm.harvard.edu/iscm/ welcome.html

http://www.shore.net/-india/jsaws/ index.htm

http://wings.buffalo.edu/l l/academic/ department/anthropology/jwa/

http://www.lib.lsu.edu/spubs/libres

http://boethius.music.ucab.edu/mto/ mtohome.html

http://www.ljextra.com/nlj/

http://www.awod.com/netsci

http://www.hf.uio.no/filosofiinjpl

http://www.oup.co.uk/

http://muse.jhu.edu/joumals/

http://scholar.cc.emory.edu/scripts/TC/ TC.html

http://epress.com/w3jbio/wj 1 .html

WWW Policy Statement

Email

Email

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WWW PolicyStatement

Email


Email


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cation vehicle for original research, publish full-text articles or preprints, in which submissions are reviewed by two or more reviewers, and which use networks as a distribution channel (see Table 1). Scholarly electronic journals with print counterparts were included in the survey. Since the journals in the survey publish full- text articles, rather than only tables of contents, announcements, abstracts, or indexes, copyright practices or stated policies are relevant to their enterprise. Some of the electronic journals surveyed, like Nordic Journal of Philosophical Logic, Journal of Chemical Physics, and British Archaeology are offered as a coun- terpart to print versions. Project Muse, Oxford Univer- sity Press, and Institute of Physics journals evolved from digitization of print versions. Most of the other journals included in the survey are designed expressly for the networked environment, but few currently take advantage of features unique to digital media, like hypertext linking or multimedia.

In order to assess general trends in copyright policy, full-text journals formatted for the World Wide Web were selected randomly from the NewJour e-serials list during the fall of 199K3 The journals in this survey include a range of fields, organizational structures, and institutional affiliations. The selection of journals in the survey, then, represents only a small percentage of existing scholarly electronic journals, but a broad spec- trum of types of scholarly publications.4 Previous dis- cussions of electronic journals have focused on science and social science journals, since these disciplines rely on the journal as the primary mode of scholarly communication-5 This sample of scholarly electronic journals indicates that journals in the humanities are growing at a rapid pace. The journals selected for the survey represent the humanities, social sciences, and sciences (see Table 2). They also represent a variety of institutional affiliations and organizational structures (see Table 3).

‘IBble 2 Subject Areas of Journals in the Survey

Humanities Social Sciences Sciences

Ancient History Bulletin Chreods American Journal of Maternal/Child Architronic: The Electronic Journal of Education Policy and Analysis Medicine Online

Architecture Electronic Journal of Radical European Molecular Biology Network British Archaeology Organization Theory Newsletter Journal of Buddhist Ethics Journal of South Asia Women Studies Institute of Physics Journals Journal of Seventeenth Century Music Journal of World Anthropology Internet Research Music Theory Online LIBRES Journal of Chemical Physics Nordic Journal of Philosophical Logic National Law Journal Journal of Paleolimnology Oxford University Press Journals Oxford University Press Journals Network Science Project Muse Journals Project Muse Journals Oxford University Press Journals TC: A Journal of Biblical and Textual Project Muse Journals

Criticism World Wide Web Journal of Biology

Table 3 Affiliations of Journals in the Survey

University Scholarly Society Commercial Publisher

Ancient History Bulletin British Archaeology American Journal of Maternal/Child Architronic: Electronic Journal of Education Policy and Analysis Medicine Online

Architecture European Molecular biology Network Internet Research Chreods Newsletter Journal of Paleolimnology Electronic Journal of Radical Journal of Buddhist Ethics National Law Journal

Organization Theory Journal of Chemical Physics Oxford University Press Journals Journal of Seventeenth Century Music Institute of Physics Journals Network Science Journal of South Asia Women Studies TC: A Journal of Biblical Textual Project Muse Journals Journal of World Anthropology Criticism World Wide Web Journal of Biology LIBRES Music Theory Online Nordic Journal of Philosophic Logic

- TRENDSINCOPYRIGHT PRACTICESOFSCHOLARLYELECTRONI~JOURNALS- FALL 1996 41

Editors of the selected journals were asked to respond to brief questions about issues particular to the digital networked environment and to provide general policy statements via e-mail. I requested a brief description of the journal’s current copyright policy and asked whether the policy addressed links, downloading, sharing files, printing personal copies, or other issues the editors thought unique to the digital environment. I also asked whether the policy statement was posted at the journal’s Web site. Fourteen editors responded to my query. I was able to find policy statements for an additional eleven journals or collections of journals at their Web sites.

Although all the journals posted some form of copyright policy statement, the amount of detail varied. Most emphasized issues of fair use rather than the publisher’s or author’s rights. The journals that showed the greatest interest in stating their policy for the author’s copyright protection were those with print counter parts. These journals generally included more specific terms of use as well. Overall, posting a copyright policy statement was a secondary concern to the journals included in the survey.

OVERVIEW OF COPYRIGHT PRACTICES

Most of the electronic journals surveyed had rather informal copyright policies. Dr. Michael Heyworth of the Council for British Archaeology, writes that British Archaeology exists to “improve public awareness of Britain’s past and so we have a very open policy on the use of our publications, particularly in education. We do not treat them as if they have ‘commercial value’ in their own right.“6 Copyright notice is printed at the end of each page but the editors describe their policy as “laissez faire” since they want to encourage resource sharing. Robert Judd, list owner for Music Theory Online, which is in the process of converting to HTML from a listserv format, and an editorial board member for the forthcoming Journal of Seventeenth Century Music, writes, “We don’t have a carefully worded policy. The journal, aimed at academics, assumes a mea- sure of academic integrity.“7 The Journal of World Anthropology also exhibits an open copyright policy: “JWA is produced to aid in friendly cooperation and sharing of knowledge by all who participate in anthro- pological pursuits...Subscription to JWA is free and open to all, “* Dave Wilson, technical editor of Chre- ads, an electronic journal of education, writes that their policy is “Not stated at al1!“9 He, like the others, emphasizes the cooperative mission of the journal. The

editors for European Molecular Biology Network Newsletter, which publishes news of the organization as well as preprint versions of articles, write that “EMBnet is not parochial and its members, like all sci- entists, collaborate worldwide,” so no policy is out- lined.” The Electronic Journal of Radical Organ- ization Theory emphasizes access and does not state a copyright or intellectual policy. l1

Copyright policies for the majority of these electronic journals are based on copyright policies per- ceived as common to print journals, or to their particular print counterparts. Music Theory Online’s policy assumes personal copies will be made, “we are analogous to a print journal in that regard.“12 Chreods has “no policy particular to the electronic version.“13 Wendy McFarland of Project Muse writes that “A subscription to a Project Muse journal is a subscription in the truest sense.“14 She adds that a subscription to the electronic journals of Project Muse resembles a subscription to a print journal, so that personal use is facil- itated as much as possible. The World Wide Web Journal ofBiology encourages personal copies, noting that “Reprint requests are unnecessary since individuals can download the entire article.“‘5

The contributing authors for these electronic journals, for the most part, retain copyright for their individual articles. Since authors retain copyright for their articles, the journal’s policies generally state that the article’s author, rather than the journal’s editors, must give explicit written permission for a reprint to be made. A few of the journals, including Project Muse journals, Oxford University Press journals, World Wide Web Journal of Biology, American Journal of Mater- nal/Child Nursing, Internet Research, and National Law Journal, do ask authors to sign over their copyright to the journal.

All of the journals allow for some noncommercial uses, including browsing, printing personal copies, or downloading. Most added, however, that the copyright notice must appear on the copies. Although limited to subscribers, Johns Hopkins University Press’ licensing agreement grants “the right to use this material for any noncommerical purpose on campus or within the campus network...Provided that the copyright header attached to the article is retained, libraries and regis- tered campus network users may: download, save, and print articles for personal use.“16 The Journal of South Asia Women Studies also requests that copyright notice apppear on personal copies.17 According to the policy stated on their web site, Journal of Chemical Physics

42 SERIALSREVIE w -PAMELAPAVLISCAK-

articles may only be copied electronically or printed for individual use.‘*

Most of these journals explicitly stated that republishing was not permitted. Music Theory Online also allows for saving and copying, but not republishing: “Items appearing in MT0 may be saved and stored in electronic or paper form, and may be shared among individuals for the purposes of scholarly research or discussion, but may *not* be republished in any form, electronic or print, without prior, written permission from the author(s), and advance notification of the editors of MT0.“19 Once redistributed, items must include a citation and indication of permission. Institute of Physics Journals, Internet Research, and Project Muse also asks that permissions be sought for “other kinds of copying, such as copying for advertising, creating new collective works, or reselling.“*’ Some of the journals allow, however, for redistribution, if no fee is charged for that service. Elwin Robison, Editor-in-Chief for Architronic: The Electronic Journal of Architecture, provided a copyright policy that states “Material appearing in Architronic may be distributed freely by electronic or any other means, providing that any such distribution is without charge (unless for purposes of cost recovery by interlibrary loan services) and that Architronic is acknowledged as the source.“21 As a reader of Journal of World Anthropology, “you are free to download and print hard copies or redistribute parts or all of JWA providing that you properly cite their ori- gin.“** LZBRES notes that articles republished else- where must include a statement sa ing that it was originally published in the journal. 2Y The Journal of South Asia Women Studies states that texts may not be modified in any way.24

Several of the journals specifically address library use. Music Theory Online’s policy states that “Libraries may archive issues of MT0 in electronic or paper form for public access so long as each issue is stored in its entirety, and no access fee is charged.“25 The policy statement on the Web page of LZBRES, a journal of library and information science scholarship, states, “The LIBRES Editors reserve the right to maintain per- manent archival copies of all submissions and to provide print copies to appropriate indexing services for indexing and microforming.“26 The World Wide Web Journal of Biology “will be archived quarterly to CD- ROM allowing a searchable, low cost database of past and current editions which will be available to libraries, abstract services and individuals who wish to sub- scribe.“27 Like the Institute of Physics Journals, Project Muse Journals offer a detailed but fairly liberal library

policy for library subscribers. Provided that the copyright header is attached to the article, libraries may “Store articles for reserve use in either paper or electronic form. Download, print, and distribute articles in multiple copies for classroom use . . . Archive articles on paper or CD-ROM . . . Download and save materials on a local domain fileserver . . . Print out articles for hard copy inclusion in their serials collections. Print unlimited articles on reserve, whether paper or electronic. Place selected listings and notices on the campus network to inform users of availability.“** A Frequently Asked Question (FAQ) about library information system access “encourages adding hotlinks directly to the Project Muse World Wide Web site from your online catalog” but states that the link must be limited to the campus network.29 In other words, the Uniform Resource Locator (URL) for Project Muse Journals may be incorporated into the institutional subscriber’s library catalog, provided that access is limited by password to eligible subscribers.

Only two policies, those of Network Science and TC: A Journal of Biblical and Textual Criticism, absolve the publishers from responsibility from future infringement. According to Allen Richon and Merry Ambos of Molecular Solutions, Inc., the editors warn contributors that downloading, linking, sharing tiles, printing personal copies will be possible and “protecting their property is not the responsibility of NetSci.“30 The editors of TC write, “The Author agrees to hold TC harm- less for any unauthorized use of the article subsequent to its publication by TC in an electronic or other medium.“31

Oxford University Press describes a more restrictive copyright policy than some of the other journals in the survey, even though most of their journals are not yet available in full-text format. According to their posted copyright information, “no part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any other means, electronic, mechanical, photocopying, recording, or otherwise, without prior permission of Oxford University Press, or a license permitting restricted copying issued in the UK.. .“32 The Journal of Paleolimnology, published in association with Kluwer Academic Publishers, does not allow for any copying without permission.33 The National Law Journal allows downloading or copying for personal use but includes a provision that might be harder to abide, “Subscriber may not copy, upload, distribute or otherwise publish any Content protected by copyright, without obtaining permission of the copyright owner . . . Subscriber expressly agrees that he/she

-TRENDSINCOPYRIGHTPRACTICESOFSCHOLARLYELECTRONICJOURNALS- F~~~1996 43

shall not directly or indirectly publish, broadcast or distribute Content . . . in any form or medium.“34

Overall, stated copyright policies and practices of the electronic journals surveyed indicate ample consideration of fair use. Browsing, copying, and downloading for personal use are widely encouraged and distribution of copies for information sharing and research are frequently permitted. Commerical publishers generally do not restrict fair use, although they are less tolerant of redistribution.

IM~LICATIONSFORSCHLOARLY ELECTRONICPUBLISHING

Many of the editors surveyed cited speedy publication, low cost, and wide distribution as the main advantages of electronic journals. The Journal of World Anthro- pology’s editors responded, “We feel that electronic journals are the way of the future, due to the risin of publication and distribution of print media.” !!

costs 5 The

Journal of Chemical Physics publishes an electronic version with preprints only. The mission statement for the Electronic Journal of Radical Organization Theory lists speedy availability and low cost as incentives for displaying the journal on the World Wide Web.36 The Ancient History Bulletin states its aim as quick publication for scholarly articles in all ancient history fields, even microspecializations in several European lan- guages. 37 The Journal of Buddhist Ethics aims to “publish material on an on-going rather than a periodic basis, eliminating any backlog between acceptance and publication.“38

While almost all participants in the survey cited rea- sons of speed or cost as motivation for publishing in a digital networked environment, only a few name the added flexibility of the digital networked environment as a primary consideration. Capabilities for searching, extracting, restructuring, and accomodating various document lengths and alternative genres of writing were rarely mentioned. The policy statement of the Journal of Buddhist Ethics says, “Other advantages of an electronic medium include keyword searchin and the use of multimedia and hypertext formats.” 3F The Nordic Journal of Philosophical Logic plans to supple- ment its electronic journal with newsgroups and real- time discussion groups, 4o while the Journal of Seven- teenth Century Music plans to include audio clips. The World Wide Web Journal of Biology outlines a number of alternatives provided by the electronic format: “The use of electronic communications (e-mail, ftp, etc.) for submission, review and publication will eliminate the

substantial paper costs of a conventional journal. The use of WWW allows for complete multimedia presen- tations, thus expanding the kinds of information that can be presented.” Editors cite the major advantages of an Internet-based journal as “the ability to include sound files, mpeg movies, e-mail feedback from read- ers, unlimited (within reason) pages, color graphics without exorbitant page charges, coordinate sets for 3-D models.“41

The advantages of publishing in a digital networked environment these journals emphasize, including speed, access, and flexibility, suggest that they will continue to pursue generous copyright policies. Those journals looking toward including hypertext links and multimedia intend, according to their policy statements or survey responses, to extend their liberal copyright policies into these media.

IMPLICATIONSFORNATIONALCOPYRIGHTPOLICY

The results of the survey indicate the opposite of the White Paper’s assumption that authors are primarily concerned with protecting potential revenue from their intellectual property. Almost all the publishers of these scholarly electronic journals, including commercial publishers, have policies which reflect the dialogic character of scholarly communication. As Peter Lyman suggests, scholarly electronic publishing “reflects the academic view that knowledge is properly governed by a gift culture in which each of us gives away what we know for free, and takes what we know for free.“42 In a recent survey of scholars concerning the advantages and disadvantages of networked publication, copyright and possibility of text alteration were marginal con- cerns compared with issues of prestige.43 Many of these electronic scholarly journals, particularly those unaffiliated with commercial publishers or organiza- tions, express a lack of interest in copyright and assume ethical and fair use by scholars. Editors expect academic integrity, including appropriate citation, permissions for reprinting complete articles, and adherence to fair use principles by allowing copies of any kind for personal use.

The legislation based on the White Paper recommendations amends several areas of copyright law in relation to digital transmission, effectively limiting fair use.44 The Commerce Department’s White Paper rec- ommends that the copyright owner maintain all rights of transmission.45 Transmission is defined as sending a reproduction so that a copy of the work is fixed beyond the place from which it was sent, so that all networked

44 SERIALSREVIEW - PAMELAPAVLISCAK-

communications might be interpreted as copying. First sale rights, by which owners of copies of copyrighted materials may redistribute their copy without the copyright owner’s permission, and which allow libraries to lend materials or individual owners to lend or resell materials, may also be inhibited for works transmitted digitally. The White Paper suggests that noncommercial copying of digital works is a violation of copyright and that browsing, which creates a temporary copy in the random access memory (RAM) of the user’s com- puter, may be a copyright infringement.

Copyright law has come to be thought of as primarily economic in nature although the purpose of copyright is to promote leaming.46 The “White Paper Analysis,” prepared for the Association of Research Libraries (ARL), the American Library Association, the American Association of Law Libraries, the Medi- cal Library Association, and the Special Libraries Association, concludes that the “pervasive theme of the recommendations is enhancement of the economic exploitation of copyrighted works, less heed is paid to the public interest aspects of copyright law or established exceptions to copyright rights.“47 The White Paper reflects the actions of major copyright holders who have turned the threat of digital technology into an opportunity for more control over the content.48 By contrast, most of these electronic journals encourage browsing, printing and downloading for personal use, and even redistribution.

Although none of the journals surveyed for this paper are affiliated with the Association of Research Libraries, the Association for Computing Machinery (ACM), or any of the twenty seven associations form- ing the Digital Future Coalition (DFC), their assumptions about fair use in a networked digital environment parallel the ARL’s recommendations and the ACM’s and DFC’s letters responding to the White Paper. ARL, ACM, and DFC defend the right of the public to browse publicly marketed copyrighted material privately, on site, or remotely and to make a first generation copy of an article as well as temporary copies for personal use.49 Furthermore, most of the journals in the survey listed ease of access as one of the primary advantages of the digital medium.

While the White Paper hedges on libraries’ rights to make digitally acquired copies available, most of these electronic journals’ copyright policies do not specifically address this issue. However, since these journals encourage wide access, their policies suggest that library access would not be discouraged. Project Muse and the Institute of Physics, which do address this

issue, encourage wide distribution in several formats within the subscriber domain, which would include onsite browsing in the subscriber institution’s library and remote access by students, faculty, and staff affiliated with the subscribing instition. Both Project Muse’s and the Institute of Physics’ policies concur with ARL’s advocacy of the right of nonprofit libraries to provide copyrighted materials as part of electronic reserve and interlibrary loan services. Many of the journals surveyed, particularly journals associated with publishers, allow archiving or sell copies for archiving.

In order to balance these liberal copyright policies, many of these electronic journals demand that a copyright notice, as well as a bibliographic citation, be dis- played on copies. Although the display of a copyright notice is required for libraries’ interlibrary loan copies under current law, it is not required for individuals’ copies. This recommendation on the part of the surveyed electronic journals seems, however, an academic courtesy rather than a limitation of fair use.

This survey of electronic journals’ current copyright policies, representative of a wide range of subject areas and publishing arrangements, indicates, contrary to the White Paper assumptions, that fair use continues to be a goal of most scholarly publication in a networked digital environment. These electronic journals encourage unrestricted access and personal use, confirming the validity of recent objections to the legislation based on the Commerce Department’s White Paper recommendations.

IMMINENTPOSSIBILITIESFOR

SCHOLARLYCOPYRIGHTPRACTICES

Several possible futures for networked scholarly publication have been proposed, where scholars retain copyright for their work rather than sign it over to publishers, turn over copyright to their institutions, or retain certain rights while signing over limited copyright to publishers.50 These projects aim to protect the use of information for noncommercial puposes, with at least the same freedom under fair use guidelines. The journals included in the survey, while not participating in these types of arrangements, make information sharing a primary goal.

The survey indicates that while site licensing and password access are increasingly popular, they may not lead to restrictions in fair use. Project Muse, the Insti- tute of Physics, and Oxford University Press allow users to browse, download, and print copies for personal use. These collections of journals explicitly shape

-TRENDSINCOPYR~GHTPRACTICESOFSCHOLARLYELECTRONICJOURNALS- FALL 1996 45

their access policies and functionality to reflect current print practice, which includes ample provision for noncommerical use and information sharing.

Although some of these journals may be motivated by “the

PI ossibility of transforming scholarly communi-

cation,” most follow rather traditional journal formats. The formats of these journals, articles collected in volumes and released at set intervals, as well as their editorial policies, based on peer review, largely follow a print paradigm. Some of these journals intend to include hypertext linking, multimedia, and multiple versions, but current implementation is tentative. Kling and Covi argue that for the next five to ten years, scholarly electronic journals will rely on print models, as they do now, to establish their legitimacy as venues for original research as well as for scholarly communication.52 Copyright practices of scholarly electronic journals, in all likelihood, will also continue to rely on principles of fair use inherent in print publishing prac-

academic/departmentthropology/jwalpurpose.htrnl, Oct. 1995.

9. Dave Wilson, e-mail to the author, 27 Nov. 1995.

10. European Molecular Biology Network Newsletter, http://www.ch.embnet.org/embnet.news/info.html, Oct. 1995.

11. Electronic Journal of Radical Organization Theory,

http://tui.mngt.waikato.ac.nz/leader/journal/ejrot.htm, Oct. 1995.

12. Robert Judd, e-mail to the author, 17 Nov. 1995.

13. Dave Wilson, e-mail to the author, 27 Nov. 1995

14. Wendy McFarland, e-mail to the author, 22 Nov. 1995.

15. World Wide Web Journal of Biology, http://epress.com/ w3jbio/wj2.html, Nov. 1995.

16. Wendy McFarland, e-mail to the author, 22 Nov. 1995, or Project Muse, http://muse.jhu.edu/rights.html, Nov. 1995.

17. The Journal of South Asia Women Studies, http:// www.shore.net/-india/jsaws/index.htm, Oct. 1995.

tices.

NOTES 18. Journal of Chemical Physics, http://jcp.uchicago.edu,

1. Ann Okerson, “Oh Lord, Won’t You Buy Me a Mer- cedes Benz Or, There is a There There,” Surfaces 4 no. 2

(1994), n. pag.

2. U.S. Dept. of Commerce, Working Group on Intellec- tual Property Rights, “White Paper on Intellectual Property and the National Information Infrastructure,” gopher:// ntiant 1 .ntia.doc.gov:70/00/papers/documents/files/ipnii.txt,

Sep. 1995.

Oct. 1995.


20. Wendy McFarland, e-mail to the author, 22 Nov. 1995, and Project Muse, http://muse.jhu.edu/rights.html, Nov.

1995.

21. Elwin Robison, e-mail to the author, 17 Nov. 1995.

22. Hugh Jarvis, email to the author, 20 Nov. 1995 and

3. NewJour, http://gort.ucsd.edu/newjour/, 1994- .

4. According to my estimate of the total number of full-text

Journal of World Anthropology, http://wings.buffalo.edul academic/department/anthropology/jwa/purpose.html, Oct. 1995.

electronic scholarly journals, my sample, which includes multiple titles published by Johns Hopkins University Press for Project Muse, the Institute of Physics journals, and Oxford University Press journals, represents about ten per- cent of all full-text scholarly electronic journals.

5. See H. Julene Butler, “Where Does Scholarly Electronic Publishing Get You?’ Journal of Scholarly Publishing 26

no. 4 (Jul. 1995): 174-186 for a discussion of journals in the social sciences. For a discussion of trends in scientific journals, see Steven Hitchcock, Leslie Carr, and Wendy Hall, “A Survey of STM Online Journals 1990-1995: The Calm before the Storm,” http:/~joumals.ecs.soton.ac.uWsurvey/

23. LIBRES, http://www.lib.lsu.edulspubsAibres, Nov.

1995.

24. The Journal of South Asia Women Studies, http:// www.shore.net/-india/jsaws/index.htm, Oct. 1995.


26. LIBRES, http://www.lib.lsu.edu/spubsllibres, Nov. 1995.

27. World Wide Web Journal of Biology, http:llepress.coml w3jbio/wj2.html, Nov. 1995.

survey.html, Jan. 1996. _ 28. Wendy McFarland, e-mail to the author, 22 Nov. 1995

6. Michael Heyworth, e-mail to the author, 20 Nov. 1995. and Project Muse, http://muse.jhu.edu/rights.html, Nov. 1995.

7. Robert Judd, e-mail to the author, 17 Nov. 1995. 29. Wendy McFarland, e-mail to the author, 22 Nov. 1995 and Project Muse, http://muse.jhu.edu/rights.html, Nov. 1995.

8. Hugh Jarvis, e-mail to the author, 20 Nov. 1995 and Journal of World Anthropology, http:Nwings.buffalo.edu/

46 SERIALS REVIEW -PAMELAPAVLISCAK-

30. Merry Ambos and Allen Richon, e-mail to the author,

18 Nov. 1995.

3 1. TC: A Journal of Biblical and Textual Criticism, http:/ scholar.cc.emory.edu/scripts/TC/copyright.html, Nov. 1995.

32. Oxford University Press Journals, http://

www.oup.co.uk/boilerplate/copyright.html, Nov. 1995.

33. Journal of Paleolimnology, http://www.umanitoba.ca/

geosci/PALEOLIM/subsc.html, Nov. 1995.

34. National Law Journal, http://www.ljextra.comJnljl

operating1 .html, Nov. 1995.

35. Hugh Jarvis, email to the author, 20 Nov. 1995 and

Journal of World Anthropology, http://wings.buffalo.edul

academic/department/anthropology/jwa/purpose.html, Oct.

1995.

36. Electronic Journal of Radical Organization Theory, http://tui.mngt.waikato.ac.nz/leader/joumal/ejrot.htm, Oct.

1995.

37. Ancient History Bulletin, http://137.122.12.15/Docs/

Directories/AHB/AHB .html, Nov. 1995.

38. Journal of Buddhist Ethics, http://www.gold.ac.ukljbel

jbe.html, Nov. 1995.

39. Ibid.

40. Nordic Journal of Philosophical Logic, http://

www.hf.uio.no.filosofi.njpl, Nov. 1995.

4 1. World wide Web Journal of Biology, http://epress.com/

w3jbio/subscrib.html, Nov. 1995.

42. Peter Lyman, “Copyright and Fair Use in the Digital

Age,” Educom Review (Jan./Feb. 1995), p. 34. See also Ann

Okerson’s “The Missing Model: A Circle of Gifts,” Serials Review 18 no. l/2 (1992): 92-96, for a further discussion of

academic gift culture.

43. H. Julene Butler, “Where Does Scholarly Electronic

Publishing Get You?” Journal of Scholarly Publishing 26 no. 4 ( Jul. 1995), 181. Butler’s discussion focuses on jour-

nals in the social sciences. For a discussion of faculty atti-

tudes toward electronic publication in the sciences, see Don

Schauder, “Electronic Publishing of Professional Articles:

Attitudes of Academics and Implications for the Scholarly

Communication Industry,” Journal of the American Society for Information Science 45 no. 2 (1995): 73-100.

44. See Laura N. Gasaway, “Scholarly Publication and

Copyright in Networked Electronic Publishing,” Library Trends 43 (1995): 679-700 and Jerry D. Campbell, “Intellec-

tual Property in a Networked World: Balancing Fair Use and

Commerical Interests,” Library Acquisitions: Practice and Theory 19 no. 2 (1995): 179-184 for a thorough discussion of

fair use in networked environments.

45. U.S. Dept. of Commerce, Working Group on Intellec- tual Property Rights, “White Paper on Intellectual Property

and the National Information Infrastructure,” revision to

106(3), gopher://ntiantl.ntia.doc.gov:70/OO/papers/documents/tiles/ipnii.txt, Sep. 1995.

46. L. Ray Patterson and Stanley W. Lindberg, The Nature of Copyright: A Law of Users’ Rights, (Athens, GA: Univer- sity of Georgia Press, 1991), 3-4.

47. Arnold Lutzker, “Commerce Department’s White Paper on National and Global Information Infrastructure:

Executive Summary for the Library and Educational Com- munity,” section C, http://www.nlc-bnc.ca/documents/ infopoYcopyright/ipwp-rev.txt, Sep. 1995.

48. Pamela Samuelson, “The Copyright Grab,” Wired 4 no. 01 (Jan. 1996): 134-138 and Hotwired http://www.hotwired.com/wired/whitepaper.html, Jan. 1996

49. Association of Research Libraries, “Fair Use in the Electronic Age: Serving the Public Interest,” http://

arl.cni.org/scomrn/copyrightluses.html, Jan. 1995; Associa- tion for Computing Machinery, “Letter on the Information Infrastructure Copyright Act,” http://www.acm.org/usacm/ copyright_letter.txt, Dec. 1995 ; Digital Future Coalition, “Letter to Congress,” http://home.worldweb.net/dfc, Dec.

1995.

50. See Charles W. Bailey, Jr., “Scholarly Electronic Pub- lishig on the Internet, the NREN, and the NII: Charting Pos-

sible Futures,” Serials Review 20 no. 3 (1994): 7-16, for an excellent summary of the major proposals for scholarly electronic publishing. See also Scholarly Journals at the Cross- roads: A Subversive Proposal for Electronic Publishing (Washington, D.C.: Association of Research Libraries, 1995) and Peter J. Denning and Bernard Rous, “The ACM Interim Copyright Policies,” Communications of the ACM 38 no. 4 (1995): 107-109 or http://www.acm.orglpubs/

copyright_policy.html, Dec. 1995.

5 1. Scott Bennett, “Copyright and Innovation in Electronic Publishing,” The Journal of Academic Librarianship 19 no. 2 (1993), 89. Thomas B. Hickey also discusses possible directions for electronic journals in “Present and Future Capabilities of the Online Journal,” Library Trends 43 (Spring 1995): 528-543.

52. Rob Kling and Lisa Covi, “Electronic Journals and Legitimate Media in the Systems of Scholarly Communica-

tion,” The Information Society 11 no. 4 (1995): 26 l-27 1.

F~~~1996 47

Trends in copyright practices of scholarly electronic journals

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