Monday, February 19, 2001

Library Groups Favor Writers in Battle Over Electronic Publishing By ANDREA L. FOSTER Two academic-library groups filed a joint brief on Friday in support of freelance writers who are fighting the nation's biggest news publishers in a lawsuit before the U.S. Supreme Court. The case, The New York Times Company v. Jonathan Tasini, concerns whether publishers violate writers' copyrights by distributing their works electronically without their permission. Electronic publishers have argued that if the Supreme Court sides with freelance writers, the public could be severely limited in its ability to gain access to published articles. They say that libraries with CD-ROM's of newspaper articles that include freelance writers' works might have to pull the disks from their shelves, since it would be too difficult to comb through databases and ferret out the freelancer' articles. But in their brief, the American Library Association and the Association of Research Libraries argue that electronic publishers exaggerate the extent to which electronic databases have replaced the physical library. The groups argue that the public would still be able to obtain printed versions and microform copies of published works. The library groups also offer an alternative to libraries' pulling CD-ROM's from their shelves. The courts, they say, could require that electronic publishers set up a fund to pay freelance writers each time their works are reprinted electronically. The library groups struggled with their decision to side with the defendant, Mr. Tasini. Prudence S. Adler, assistant executive director of the Association of Research Libraries, says members of her group's board voiced strong opinions in support of both sides of the issue. Ultimately, she says, the group favored "support of the creative community." However, some library administrators are concerned that paying publishers additional royalties for electronic reprints could raise the cost of electronic databases for colleges. Reflecting the divisiveness of the issue, the National Humanities Alliance backed away from a plan to join in the brief with the library groups. "We decided that we had too many concerns on both sides," says John Hammer, director of the alliance. Mr. Hammer says the alliance agrees with the position of the Special Libraries Association, which calls for the two sides in the lawsuit to negotiate an agreement outside of the courts. A group of noted historians earlier filed a brief in support of the publishers in the lawsuit. The historians -- Ken Burns, Doris Kearns Goodwin, David M. Kennedy, David McCullough, Jack N. Rakove, and Gordon S. Wood -- argue that the possibility of erasing articles from electronic databases would harm scholarly research. Marybeth Peters, the register of copyrights, supports the freelance writers in the lawsuit. However, in a letter last week to Rep. James P. McGovern, Democrat of Massachusetts, Ms. Peters said she was concerned that a decision in their favor could have an "adverse impact on scholarship and research." Representative McGovern had the letter inserted into the Congressional Record. The Supreme Court is expected to hear arguments in the case in April and to reach a decision by June. Background article from The Chronicle: Supreme Court to Hear Case Over Copyrights and Electronic Distribution (11/24/2000) Easy-to-print version E-mail this article

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