From: Jim O'Donnell <[log in to unmask]>
Date: Mon, 2 Apr 2012 08:03:47 -0400

See the article in the Atlantic Monthly on the impact of the copyright
act and the big digitization projects.  The graph that comes up as
soon as you click tells the story and then the article unpacks the
details.  Well worth a viewing.

Roughly what seems to be happening is that the copyright blanket is
being thrown over works post-1923, by those who own copyrights that
are thereby extended *and* by those who are active in extracting
value from them.  But it also suppresses the value of post-1923
materials that don't have rights-owners on the case.  If you don't
have an estate promoting and protecting your work and agitating with
publishers to keep it in print, your work may just vanish from scope.
"Orphan works" so-called are the ones chiefly at risk, but as scholar
I'm thinking of the challenge this will make simply for *knowing* the
20th century.

Poses to me the question of what -- GIVEN the rigidity of the law --
could best be done.  What would a rational policy or practice look
like?  Offshore redistribution in the Turks and Caicos?  Start a
business offering copyright insurance to publishers who take a chance
on things?  The right test case pushed towards the "government, or we
don't need no stinking government" Supreme Court?

http://www.theatlantic.com/technology/archive/2012/03/the-missing-20th-century-how-copyright-protection-makes-books-vanish/255282/#.T3dP4kT9WRc.twitter

Jim O'D