Scholary Publication and Copyright in Networked Electronic Publishing

THE PuBLicATioN OF SCHOLARLY WORKS in a networked electronic environment presents many opportunities for solving some of the problems that currently exist in the print world. At the same time, copyright law, a form of legal protection developed primarily for printed works, has been used to create stumbling blocks both for faculty authors and their institutions. This has occurred because publishers have required a transfer of copyright to the publisher as a quid pro quo for getting the work published. New models of copyright ownership and management can be developed for electronic publishing of scholarly works and research results that will provide greater control to the faculty author, ease the distribution and permissions process for the use of copyrighted works in teaching and research, and ultimately will reduce costs to universities which currently must repurchase faculty-produced works from commercial publishers. INTRODUCTION By circumventing traditional printed format, the publication of scholarly works only in electronic form presents unique opportunities for scholars and their institutions, but it also raises a number of important copyright law questions. The word “published” generally has meant to produce printed copies of works and to distribute them publicly through bookstores and libraries. The act of publication encompasses the rights of reproduction and distribution (Copyright Act, Laura N. Gasaway, University of North Carolina, Kathrine R. Everett Law Library, CB #3385, Chapel Hill, NC 27599-3385 LIBRARY TRENDS, Vol. 43, No. 4,Spring 1995, pp. 679-700