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	<title>Comments on: Papers for sale</title>
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	<link>http://crookedtimber.org/2007/03/07/papers-for-sale/</link>
	<description>Out of the crooked timber of humanity, no straight thing was ever made</description>
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		<title>By: Ingrid Robeyns</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189377</link>
		<dc:creator>Ingrid Robeyns</dc:creator>
		<pubDate>Fri, 09 Mar 2007 21:00:58 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189377</guid>
		<description>It was a pleasant surprise this morning to see that Michael Brintnall had responded, and that the entire sale will stop (haven&#039;t checked it yet, and since I know that it&#039;s going to be another short night for me with a sick child in the house, I&#039;m not going to check it now - I will only write one brief comment and then switch off my computer).

But there clearly remain some questions - I also do think that Mike Otsuka&#039;s question needs to be answered. And I would add that Michael Brintnall&#039;s claim that APSA does hold the copyright seems to be in contradiction with what jamie (#13) found out from his lawyer. 

If APSA does indeed hold the copyright, then there may not only be the problem that Thom Brooks pointed at, but also that authors cannot request to remove papers when they no longer want to have them on-line. Henry seems to be more concerned about how to have stable links, but others, including myself, are more concerned with keeping control over what is being circulated. 

I don&#039;t think we&#039;re there, yet.</description>
		<content:encoded><![CDATA[	<p>It was a pleasant surprise this morning to see that Michael Brintnall had responded, and that the entire sale will stop (haven&#8217;t checked it yet, and since I know that it&#8217;s going to be another short night for me with a sick child in the house, I&#8217;m not going to check it now &#8211; I will only write one brief comment and then switch off my computer).</p>

	<p>But there clearly remain some questions &#8211; I also do think that Mike Otsuka&#8217;s question needs to be answered. And I would add that Michael Brintnall&#8217;s claim that <span class="caps">APSA</span> does hold the copyright seems to be in contradiction with what jamie (#13) found out from his lawyer.</p>

	<p>If <span class="caps">APSA</span> does indeed hold the copyright, then there may not only be the problem that Thom Brooks pointed at, but also that authors cannot request to remove papers when they no longer want to have them on-line. Henry seems to be more concerned about how to have stable links, but others, including myself, are more concerned with keeping control over what is being circulated.</p>

	<p>I don&#8217;t think we&#8217;re there, yet.</p>
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		<title>By: Who Owns Conference Presentations?</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189341</link>
		<dc:creator>Who Owns Conference Presentations?</dc:creator>
		<pubDate>Fri, 09 Mar 2007 16:39:19 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189341</guid>
		<description>[...] for sale on a for-profit site called AllAcademic Inc. and wrote about it in outrage at the blog Crooked Timber. More outrage by others followed in the comments to her post. In response to the comments, the [...]</description>
		<content:encoded><![CDATA[	<p>[...] for sale on a for-profit site called AllAcademic Inc. and wrote about it in outrage at the blog Crooked Timber. More outrage by others followed in the comments to her post. In response to the comments, the [...]</p>
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		<title>By: Thom Brooks</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189321</link>
		<dc:creator>Thom Brooks</dc:creator>
		<pubDate>Fri, 09 Mar 2007 14:49:46 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189321</guid>
		<description>P.S. As an executive board member of the UK&#039;s Political Studies Association, it is perhaps worth noting that the PSA allows authors to retain copyright for their conference papers and it does not sell papers either.</description>
		<content:encoded><![CDATA[	<p>P.S. As an executive board member of the UK&#8217;s Political Studies Association, it is perhaps worth noting that the <span class="caps">PSA</span> allows authors to retain copyright for their conference papers and it does not sell papers either.</p>
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		<title>By: Thom Brooks</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189305</link>
		<dc:creator>Thom Brooks</dc:creator>
		<pubDate>Fri, 09 Mar 2007 12:39:15 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189305</guid>
		<description>I find it impossible to believe APSA could hold copyright to any of these papers unless authors have signed this off in advance. Publishers asking for copyright assignment never send us a box to tick: we must sign our consent and submit a hard copy. If APSA has not done this, then I can&#039;t see how they have a leg to stand on.

This leads me to *completely* to agree with Mike that Brintnall must justify APSA&#039;s policies on this issue. My sense---perhaps others will agree---is that there simply is no justification.

What&#039;s worse, of course, is that if someone holds copyright to your draft APSA paper and you submit the paper and have it accepted elsewhere, well, you may not get it published unless APSA consents as they, not you, own the rights to your own work. Disgusting.</description>
		<content:encoded><![CDATA[	<p>I find it impossible to believe <span class="caps">APSA</span> could hold copyright to any of these papers unless authors have signed this off in advance. Publishers asking for copyright assignment never send us a box to tick: we must sign our consent and submit a hard copy. If <span class="caps">APSA</span> has not done this, then I can&#8217;t see how they have a leg to stand on.</p>

	<p>This leads me to <strong>completely</strong> to agree with Mike that Brintnall must justify <span class="caps">APSA</span>&#8217;s policies on this issue. My sense&#8212;-perhaps others will agree&#8212;-is that there simply is no justification.</p>

	<p>What&#8217;s worse, of course, is that if someone holds copyright to your draft <span class="caps">APSA</span> paper and you submit the paper and have it accepted elsewhere, well, you may not get it published unless <span class="caps">APSA</span> consents as they, not you, own the rights to your own work. Disgusting.</p>
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		<title>By: Mike Otsuka</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189289</link>
		<dc:creator>Mike Otsuka</dc:creator>
		<pubDate>Fri, 09 Mar 2007 07:24:18 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189289</guid>
		<description>Michael Brintnall writes: &quot;APSA does hold the copyright on papers presented at the conference. ...I hope this hiccup with All Academic doesn’t fuel any cynicism about making early scholarship like this available on an open access basis [which is] what academic discourse is about.&quot;

Cynicism is fueled by the APSA&#039;s continued insistence on transfer to it of the right to profit from the author&#039;s work as a condition of presenting at a meeting. If all the APSA wants to do is to provide open access to -- rather than profit from -- this work, it doesn&#039;t need to hold the copyright. All it needs to do is to make posting on the open-access site a condition of presenting at an APSA meeting.

Especially since the APSA&#039;s copyright policy is among the legitimate concerns that have been raised in this thread, it would be useful for Michael Brintnall to justify rather than merely assert the APSA&#039;s policy regarding copyright.</description>
		<content:encoded><![CDATA[	<p>Michael Brintnall writes: &#8220;APSA does hold the copyright on papers presented at the conference. &#8230;I hope this hiccup with All Academic doesn&#8217;t fuel any cynicism about making early scholarship like this available on an open access basis [which is] what academic discourse is about.&#8221;</p>

	<p>Cynicism is fueled by the <span class="caps">APSA</span>&#8217;s continued insistence on transfer to it of the right to profit from the author&#8217;s work as a condition of presenting at a meeting. If all the <span class="caps">APSA</span> wants to do is to provide open access to&#8212;rather than profit from&#8212;this work, it doesn&#8217;t need to hold the copyright. All it needs to do is to make posting on the open-access site a condition of presenting at an <span class="caps">APSA</span> meeting.</p>

	<p>Especially since the <span class="caps">APSA</span>&#8217;s copyright policy is among the legitimate concerns that have been raised in this thread, it would be useful for Michael Brintnall to justify rather than merely assert the <span class="caps">APSA</span>&#8217;s policy regarding copyright.</p>
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		<title>By: Jacob T. Levy</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189277</link>
		<dc:creator>Jacob T. Levy</dc:creator>
		<pubDate>Thu, 08 Mar 2007 22:46:44 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189277</guid>
		<description>Wow-- Crooked Timber gets results, as they say.</description>
		<content:encoded><![CDATA[	<p>Wow&#8212;Crooked Timber gets results, as they say.</p>
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		<title>By: Michael Brintnall</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189268</link>
		<dc:creator>Michael Brintnall</dc:creator>
		<pubDate>Thu, 08 Mar 2007 20:55:58 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189268</guid>
		<description>Everyone,

This is Michael Brintnall.  I&#039;m the APSA Executive Director.  The annual meeting papers are not meant to be sold, and All Academic is taking them down.  It was a mistake that caused them to be up for sale at that site, and we regret it.

The papers are on-line at www.politicalscience.org as part of the PROl initiative.  This is an open-access site, operated as a collaboration of APSA and a large number of other political science associations.  It&#039;s an extension of APSA&#039;s PROceedings site, where papers are posted for each annual meeting, and it brings together scholarship from a host of other annual meetings too.  It&#039;s a good place to search for early scholarship, and I encourage you to use it.  All-Academic is the contractor that we use to set up the site.  There was some recent confusion about their including our papers in their own for-sale data base. None of the papers from the politicalscience.org project is meant to be at the All Academic site for sale and they are removing them.

APSA does hold the copyright on papers presented at the conference.  We count on scholars presenting at the meeting to post their work; and the Council is right now considering ways to increase the response to this. I hope this hiccup with All Academic doesn&#039;t fuel any cynicism about making early scholarship like this available on an open access basis - it&#039;s the purpose of the politicalscience.org project, and it&#039;s what academic discourse is about.

And if anyone was trying to contact APSA on this or anything else and didn&#039;t get a response from us, I really apologize.  You can always contact me directly at brintnall@apsanet.org

Michael Brintnall</description>
		<content:encoded><![CDATA[	<p>Everyone,</p>

	<p>This is Michael Brintnall.  I&#8217;m the <span class="caps">APSA </span>Executive Director.  The annual meeting papers are not meant to be sold, and All Academic is taking them down.  It was a mistake that caused them to be up for sale at that site, and we regret it.</p>

	<p>The papers are on-line at <a href="http://www.politicalscience.org" rel="nofollow">http://www.politicalscience.org</a> as part of the PROl initiative.  This is an open-access site, operated as a collaboration of <span class="caps">APSA</span> and a large number of other political science associations.  It&#8217;s an extension of <span class="caps">APSA</span>&#8217;s PROceedings site, where papers are posted for each annual meeting, and it brings together scholarship from a host of other annual meetings too.  It&#8217;s a good place to search for early scholarship, and I encourage you to use it.  All-Academic is the contractor that we use to set up the site.  There was some recent confusion about their including our papers in their own for-sale data base. None of the papers from the politicalscience.org project is meant to be at the All Academic site for sale and they are removing them.</p>

	<p><span class="caps">APSA</span> does hold the copyright on papers presented at the conference.  We count on scholars presenting at the meeting to post their work; and the Council is right now considering ways to increase the response to this. I hope this hiccup with All Academic doesn&#8217;t fuel any cynicism about making early scholarship like this available on an open access basis &#8211; it&#8217;s the purpose of the politicalscience.org project, and it&#8217;s what academic discourse is about.</p>

	<p>And if anyone was trying to contact <span class="caps">APSA</span> on this or anything else and didn&#8217;t get a response from us, I really apologize.  You can always contact me directly at <a href="mailto:brintnall@apsanet.org">brintnall@apsanet.org</a></p>

	<p>Michael Brintnall</p>
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		<title>By: Ingrid Robeyns</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189255</link>
		<dc:creator>Ingrid Robeyns</dc:creator>
		<pubDate>Thu, 08 Mar 2007 18:21:56 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189255</guid>
		<description>Jonathan, thanks so much for this. I am going to write to AllAcademic immediately, following your strategy. I hope to be able to report back on my success or failure before this post + comments are archived.

It is appalling, though, that I HAVE e-mailed them twice before, asking them to remove the papers, but without making any reference to a possible violation of copy rights -- and that they didn&#039;t even bother to reply.</description>
		<content:encoded><![CDATA[	<p>Jonathan, thanks so much for this. I am going to write to AllAcademic immediately, following your strategy. I hope to be able to report back on my success or failure before this post + comments are archived.</p>

	<p>It is appalling, though, that <span class="caps">I HAVE</span> e-mailed them twice before, asking them to remove the papers, but without making any reference to a possible violation of copy rights&#8212;and that they didn&#8217;t even bother to reply.</p>
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		<title>By: Jonathan Quong</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189249</link>
		<dc:creator>Jonathan Quong</dc:creator>
		<pubDate>Thu, 08 Mar 2007 17:36:02 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189249</guid>
		<description>I meant to include this in my previous post - a quote from the email I got back: &quot;All of the authors of the papers maintain 
the copyright, and always have the right to have their papers removed if 
needed.&quot;</description>
		<content:encoded><![CDATA[	<p>I meant to include this in my previous post &#8211; a quote from the email I got back: &#8220;All of the authors of the papers maintain<br />
the copyright, and always have the right to have their papers removed if<br />
needed.&#8221; </p>
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		<title>By: Jonathan Quong</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189248</link>
		<dc:creator>Jonathan Quong</dc:creator>
		<pubDate>Thu, 08 Mar 2007 17:31:04 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189248</guid>
		<description>Yesterday I sent an email to AllAcademic Inc stating that the conference papers of mine that they were selling on their website had since been published as journal articles and I claimed that they were therefore in violation of copyright held by the journals and so they should remove my papers immediately. I got an email back today informing me that my papers are no longer available for download from their site, but the abstracts remain available. Just thought others might like to know this strategy was effective.

Henry: I am an APSA member as well, and would be happy to write/sign any joint letter about this.</description>
		<content:encoded><![CDATA[	<p>Yesterday I sent an email to AllAcademic Inc stating that the conference papers of mine that they were selling on their website had since been published as journal articles and I claimed that they were therefore in violation of copyright held by the journals and so they should remove my papers immediately. I got an email back today informing me that my papers are no longer available for download from their site, but the abstracts remain available. Just thought others might like to know this strategy was effective.</p>

	<p>Henry: I am an <span class="caps">APSA</span> member as well, and would be happy to write/sign any joint letter about this.</p>
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		<title>By: Ingrid Robeyns</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189187</link>
		<dc:creator>Ingrid Robeyns</dc:creator>
		<pubDate>Thu, 08 Mar 2007 07:43:53 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189187</guid>
		<description>jamie, thanks for asking a lawyer, that&#039;s helpful info. 
I am not an APSA member at present, and thus perhaps not in the best position to complain or joining Henry in his suggestion to write a joint letter (though I do hope many others will join Henry); and I also hope that some CT readers are befriended or directly related to the APSA leadership and can at least point them to the discontent (from the comments on this post, it&#039;s clear I&#039;m not the only one, which is reassuring).</description>
		<content:encoded><![CDATA[	<p>jamie, thanks for asking a lawyer, that&#8217;s helpful info.<br />
I am not an <span class="caps">APSA</span> member at present, and thus perhaps not in the best position to complain or joining Henry in his suggestion to write a joint letter (though I do hope many others will join Henry); and I also hope that some CT readers are befriended or directly related to the <span class="caps">APSA</span> leadership and can at least point them to the discontent (from the comments on this post, it&#8217;s clear I&#8217;m not the only one, which is reassuring).</p>
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		<title>By: vivian</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189152</link>
		<dc:creator>vivian</dc:creator>
		<pubDate>Thu, 08 Mar 2007 01:55:38 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189152</guid>
		<description>Brintnall seems (from conversation at apsa) like a decent, thoughtful and very busy person, no doubt with a spam filter from hell (like the rest of us). I suggest a phone call or a paper letter asking him to reply by email, before giving up.</description>
		<content:encoded><![CDATA[	<p>Brintnall seems (from conversation at apsa) like a decent, thoughtful and very busy person, no doubt with a spam filter from hell (like the rest of us). I suggest a phone call or a paper letter asking him to reply by email, before giving up.</p>
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		<title>By: Jamie</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189126</link>
		<dc:creator>Jamie</dc:creator>
		<pubDate>Wed, 07 Mar 2007 22:33:13 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189126</guid>
		<description>I&#039;m not a lawyer, but I asked one about this -- a copyright expert, in fact -- and he pointed me to Section 204(a) of the Copyright Act of 1976:

&quot;A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner&#039;s duly authorized agent.&quot;

I explained the circumstances to the expert, and he agreed that this means that unless Ingrid (et al.) signed a transfer agreement, the APSA doesn&#039;t actually own the copyright to the papers.</description>
		<content:encoded><![CDATA[	<p>I&#8217;m not a lawyer, but I asked one about this&#8212;a copyright expert, in fact&#8212;and he pointed me to Section 204(a) of the Copyright Act of 1976:</p>

	<p>&#8220;A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner&#8217;s duly authorized agent.&#8221;</p>

	<p>I explained the circumstances to the expert, and he agreed that this means that unless Ingrid (et al.) signed a transfer agreement, the <span class="caps">APSA</span> doesn&#8217;t actually own the copyright to the papers.</p>
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		<title>By: Henry</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189077</link>
		<dc:creator>Henry</dc:creator>
		<pubDate>Wed, 07 Mar 2007 18:12:05 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189077</guid>
		<description>I raised other problems with APSA&#039;s current system a couple of years ago, when I was the IPE division chair for the annual meeting. It&#039;s a really crappy technology - even when the papers are temporarily available for free, they don&#039;t have permanent hyperlinks, and thus can&#039;t be linked from here or elsewhere. I didn&#039;t realize that APSA was then flogging people&#039;s papers on - I suspect most other APSA members don&#039;t either. If a sufficient number of other APSA members would like to join me, perhaps we can write a joint letter to the current President ccing the admin people (Michael Brintnall as far as I remember) pushing for this to be changed.</description>
		<content:encoded><![CDATA[	<p>I raised other problems with <span class="caps">APSA</span>&#8217;s current system a couple of years ago, when I was the <span class="caps">IPE</span> division chair for the annual meeting. It&#8217;s a really crappy technology &#8211; even when the papers are temporarily available for free, they don&#8217;t have permanent hyperlinks, and thus can&#8217;t be linked from here or elsewhere. I didn&#8217;t realize that <span class="caps">APSA</span> was then flogging people&#8217;s papers on &#8211; I suspect most other <span class="caps">APSA</span> members don&#8217;t either. If a sufficient number of other <span class="caps">APSA</span> members would like to join me, perhaps we can write a joint letter to the current President ccing the admin people (Michael Brintnall as far as I remember) pushing for this to be changed.</p>
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		<title>By: Timothy Burke</title>
		<link>http://crookedtimber.org/2007/03/07/papers-for-sale/comment-page-1/#comment-189062</link>
		<dc:creator>Timothy Burke</dc:creator>
		<pubDate>Wed, 07 Mar 2007 17:31:24 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2007/03/07/papers-for-sale/#comment-189062</guid>
		<description>I would say that this is a good reason to hammer hard on the APSA in coming years. First, I don&#039;t think they should be exerting copyright at all, but members should certainly hold them to a very limited usage if they grant the association rights to publish. I certainly would object myself if I found a professional association re-selling off publishing rights to work presented at a conference as in this case. It&#039;s one thing when a professional association has an established publication practice itself, or seeks a new vendor to partner with--another when it takes it upon itself to allow the republication of work given at a meeting without reseeking permission from authors.</description>
		<content:encoded><![CDATA[	<p>I would say that this is a good reason to hammer hard on the <span class="caps">APSA</span> in coming years. First, I don&#8217;t think they should be exerting copyright at all, but members should certainly hold them to a very limited usage if they grant the association rights to publish. I certainly would object myself if I found a professional association re-selling off publishing rights to work presented at a conference as in this case. It&#8217;s one thing when a professional association has an established publication practice itself, or seeks a new vendor to partner with&#8212;another when it takes it upon itself to allow the republication of work given at a meeting without reseeking permission from authors.</p>
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