Publishing trade associations on rules for Orphan Works

["Janice Kuta" <kuta@stm-assoc.org>]

Press Release

Publishing trade associations issue clear rules for Orphan works 
'safe harbor' for users of academic and scholarly journals

LONDON, 24 October 2007 - Three trade associations, The 
Association of Learned and Professional Society Publishers 
(ALPSP), The International Association of Scientific, Technical & 
Medical Publishers (STM) and the Professional /Scholarly Division 
(PSP) of the Association of American Publishers today released a 
further step towards establishing clear rules for users of 
copyright works who cannot locate the owners of such works 
(so-called 'orphan works') to obtain permission to include such 
content in new works, course-packs, and compilations. The 'safe 
harbor' statement we are releasing today is an evolution in 
policy and practice from statements and positions announced 
previously (see prior STM, IPA and AAP statements) .

Stakeholders around the world are currently debating whether 
orphan works should be dealt with as a matter of a copyright 
exception, a reduction in copyright penalties once a 'parent' is 
located, or a blanket collective license.  The view of ALPSP, STM 
and PSP is that private market solutions are almost always to be 
preferred, since they are the most likely to provide tangible 
results, and that solution is put forward in the new 'safe 
harbor' document.

The safe harbor document outlines a need for a viable and 
diligence search request, and identifies resources that should be 
consulted, including a list of journal publisher imprints that 
the associations have compiled.  Users who conduct such a search 
where the owner of such a work is later identified, will be 
subject only to a normal license fee and will not be subject to 
any statutory, punitive or special fees or damages.

A significant number of ALPSP, STM and PSP members have acceded 
to the safe harbor principles, and it is hoped many more will 
join shortly.  In a sense this effort creates an actual legal 
right that would otherwise only be available through extensive 
formal legislation.

The safe harbor that members of the three associations are 
providing will significantly increase the ability of scholarly 
users, researchers and writers, to utilize the rich resources of 
scholarly and academic journal content for the benefit of all.

The Association of Learned and Professional Society Publishers 
(ALPSP) is the international trade association for not-for-profit 
publishers and those who work with them. http://www.alpsp.org

STM -- International Association of Scientific, Technical and 
Medical Publishers -- is an international association of about 
100 scientific, technical, medical and scholarly publishers, 
collectively responsible for more than 60% of the global annual 
output of research articles, over half the active research 
journals and the publication of tens of thousands of print and 
electronic books, reference works and databases. 
http://www.stm-assoc.org

The Professional & Scholarly Publishing (PSP) Division of the 
Association of American Publishers, Inc. (AAP) serves over 140 
commercial, not-for-profit, and university press publishers who 
provide scholarly information in the sciences, technology, 
medicine, business, law, and the humanities and social sciences. 
PSP engages in educational and advocacy activities for the 
advancement of scholarship and the broad interests of information 
services community. http://www.pspcentral.org

For further information, please contact:

Mark Seeley (m.seeley@elsevier.com)

Janice E. Kuta
Director of Marketing & Membership
International Association of Scientific, Technical & Medical 
Publishers
E-mail: kuta@stm-assoc.org
Tel: 212-533-0832
Fax: 212-420-8407
www.stm-assoc.org