No Ice, Ain't Nice

sounds great. hope you do a tenth of what you propose

Peter, standard stock photography contracts almost always explicitly specify rights, print runs, editions etc so the default 201(c) would hardly ever apply. The Tasini decision http://j.mp/2uVNCL also affirmed that absent any specific instructions electronic right do not ensue. It is for this reason that negotiating rights would be impossible for practical purposes. Furthermore, for out of print books, even finding the image rightsholders would be a formidable task. As for the photo or illustrator groups coming to agreement with Google is is difficult to see that happening without legal action and some kind of settlement and statutory license and I agree with you that expectations of revenue may be unrealistic. It is difficult to see how this may be resolved, even though from the perspective of the reader/public intact books are much, much more helpful ref Title 17m Section 201(c) "In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series."

Peter, as an archivist what is your perspective on offering books for viewing, or even for purchase, with all of the photographs, maps, illustrations and paintings redacted? Negotiating rights for visual works, which currently are excluded from the settlement, will add multiple layers of complexity, both for out-of-print works and orphan works. Yet until this issue is addressed, the public and the visual rightsholders will be shortchanged.

Thanks Gavin for an illuminating post. Indeed giving, providing value, is a grace, and the foundation for good economy as well as personal life. In this drastic reshaping of the media world, having something to say, something worth saying and sharing becomes essential. Umair Haque, Harvard economist, echoes some of this in his press for ideals and real value creation: http://blogs.harvardbusiness.org/haque/2009/03/ideals.html