I misspoke: as my colleague Ricky Huard on the AAUP
Copyright
Committee reminds me:
My guess is that he's making a distinction based on the
definition of "publication" in the 1976 Copyright
Act: "the
distribution of copies or phonorecords of a work to the
public by
sale or other transfer of ownership, or by rental, lease, or
lending. . . . A public performance or display of a work
does not
itself constitute publication." If "access"
equals "display" (as
I suspect he may be thinking), he has a point, albeit a
rather
casuistic one: He's not copying and distributing--just
inviting
300 million of his closest friends to see the display.
>>OA itself is a form of access-provision, not a form
of
>>publication. Gold OA is a form of publication.
>
>This is a distinction without a practical difference,
Stevan,
>and U.S. copyright law would not differentiate between
the two;
>both Green OA and Gold OA would be technically defined
as
>"publication" under the law.
Sanford G. Thatcher
Director, Penn State Press
University Park, PA 16802-1003
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