Tue 29 Apr 2008
American Ethnography, the AAA, and the Public Domain
Posted by Rex under AAA , Open Access Open Source , WebsitesRecently Anthropologi.info blogged a new anthropology site, American Ethnography. American Ethnography is a very pretty site with monthly thematic collections of articles from AAA journals. My initial response was: “wow, how happy will the AAA be to see entire articles they are selling for money on AnthroSource being reproduced on the web for free?” So I was surprised—astonished would be a better word—when Martin, the proprietor of AE, pointed out a paragraph on the AAA website’s permissions page which states that:
AAA article content published before 1964 is in the public domain and may be used and copied without permission. The AAA asks only that you include a complete reference to the original publication and a link to AnthroSource.
I would actually prefer a little more specification of what “public domain” means exactly here, but its still an extremely positive step forward—well done AAA! And as for the rest of us, I we should take this opportunity to start making some of the foundational works in our discipline available as soon as possible. Not only will this enable everyone to learn about anthropology as a discipline, but it will also be interesting to see if subscriptions to AAA journals are affected. And if they are not, then perhaps we could convince AAA to make the moving wall on their content shorter than its current forty-four years…


Strong says:
Wow
Ken Wissoker says:
Good question about public domain! You would think the copyright would revert to the author, so that if Sahlins published part of Stone Age Economics in AE (I’m making this up, I don’t have my copy here) that the copyright for his essay goes back to him.
I suppose it would depend on the agreements AE used for authors at that time, but unless all rights were permanently given to AES, they should be with the authors.
Anyone know more about this?
Ken
Martin says:
Rex,
When you write “it will also be interesting to see if subscriptions to AAA journals are affected,” I assume that you mean affected in a negative way. However, it could also be that this affects subscriptions to AAA journals in a positive way, right? That could, after all, be the effect of enabling, like you write, “everyone to learn about anthropology as a discipline.” And like I noted earlier (on antropologi.info): AAA wouldn’t sue anybody for trying to make them look interesting and attractive, would they? (I should, of course, say “even more
interesting and attractive” ...)
My simple thought was that it would be nice for everyone, perhaps particularly in these times, that more people had access to and interest in material about cultural relativism. Using those texts on American Ethnography, I figured, would be good for anthropologists, and for the AAA … nay the world.
As for “a little more specification of what ‘public domain’ means” I am hoping that public domain is not a term with restrictions on it! As in “you can use it as you please, but only if you are going to use it in a pamphlet which you will not distribute.” I was of the impression that public domain is public domain, period, but perhaps that is just my naive and wishful thinking.
Rex says:
Martin writes: “AAA wouldn’t sue anybody for trying to make them look interesting and attractive, would they?”
That’s a very kind thing to think about AAA
IANAL, but in the US ‘public domain’ is the legal status things have when they have no copyright holder (when the copyright expires, for instance). But what they appear to be doing is licensing pre-1964 work for further use. But what is the nature of that use? Could we sell AAA content? Must derivative works (i.e. JSTOR PDFs) be released under a similar license? I wish they had used a CC license or something. Although I doubt it will come to this, posting that sort of vague language is the sort of thing that opens the door to controversy.
Ken’s point is also an interesting one – in many ways this is a sort of benevolent paternalism that benefits the public but which ultimately continues to give AAA power over content that others (i.e. authors) have actually written.