Free Culture and the Digital Library Symposium Proceedings 2005 Proceedings of a Symposium held on October 14, 2005 at Emory University, Atlanta, Georgia. Martin Halbert (Editor) MetaScholar Initiative Robert W. Woodruff Library Emory University Atlanta, Georgia This work is published under the Creative Commons Attribution-NonCommercial-NoDerivs 2.5 License Copyright Information: These proceedings are covered by the following Creative Commons License: Attribution-NonCommercial-NoDerivs 2.5 You are free to copy, distribute, and display this work under the following conditions: Attribution. You must attribute the work in the manner specified by the author or licensor. Specifically, you must state that the work was originally published in the Free Culture and the Digital Library Symposium Proceedings 2005, and you must attribute the author(s). Noncommercial. You may not use this work for commercial purposes. No Derivative Works. You may not alter, transform, or build upon this work. For any reuse or distribution, you must make clear to others the license terms of this work. Any of these conditions can be waived if you get permission from the copyright holder. Your fair use and other rights are in no way affected by the above. The above is a human-readable summary of the full license, which is available at the following URL: http://creativecommons.org/licenses/by-nc-nd/2.5/legalcode Publication and Cataloging Information: ISBN: 0-9772994-0-6 Editor: Martin Halbert Copy Editors: Carrie Finegan Katherine Skinner Publisher: MetaScholar Initiative Robert W. Woodruff Library 540 Asbury Circle Emory University Atlanta, GA 30322 LCSH Subjects: Freedom of information Digital libraries—Congresses Intellectual property—United States Copyright and electronic data processing Information society Cyberspace—Social aspects TABLE OF CONTENTS Preserving the Information Commons of Society in the Library of the Future (Martin Halbert, Emory University)..............................................................................1 Between Pragmatism and Anarchism: The American Copyright Revolt since 1998 (Siva Vaidhyanathan, New York University) ....................................................13 It Is Easy for Universities to Support Free Culture with Digital Libraries: The NDLTD Example (Ed Fox, Virginia Tech) ................................................................43 The arXiv: Fourteen Years of Open Access Scientific Communication (Simeon Warner, Cornell University)........................................................................................56 The Librarian Revolutionary: Creating Cultural Exchange and Preservation on the Internet (Debora Halbert, Otterbein College)........................................................69 Catalysts for Change: Librarians and the Open Access Movement (Meghan Miller Brawley, University of Tennessee - Knoxville)...............................................82 Millennial Net Value(s): Disconnects Between Libraries and the Information Age Mindset (Charles F. Thomas and Robert H. McDonald, Florida State University) ...................................................................................................................93 Rights, Registries, and Remedies: An Analysis of Responses to the Copyright Office Notice of Inquiry Regarding Orphan Works (Denise Troll Covey, Carnegie Mellon University).....................................................................................106 Heritage Under Lock, but No Key: The Troubled Status of Unpublished Works in Digital Archives Projects (William J. Maher, University of Illinois)...................141 Government Information in the Digital Era: Free Culture or Controlled Substance? (Karrie Peterson, NCSU; and James A. Jacobs, UC San Diego)...........154 Will Fair Use Survive the Digital Age? (Marjorie Heins, New York University) ...179 Greasing the Wheels of Regulation: the Google Print Library Project (Barrie Howard, Digital Library Federation).........................................................................218 How Do We Sustain Digital Scholarship? (Bradley J. Daigle, University of Virginia).....................................................................................................................230 A Scholia-based Document Model for Commons-based Peer Production (Joseph Corneli; and Aaron Krowne, Emory University)......................................................241 Adapting CBPP Platforms for Instructional Use (Robert Milson, Dalhousie University; Aaron Krowne, Emory University).......................................................255 On Free Math and Copyright Bottlenecks (Raymond S. Puzio, University of Memphis)...................................................................................................................273 How Free Culture Will Save Digital Libraries (Aaron Krowne, Emory University) .................................................................................................................300 ACKNOWLEDGMENTS I would like to express my enormous thanks to all the individuals and groups who helped to make this symposium a reality. My thanks go to the institutions and departments that provided various kinds of support to enable this symposium, including the Robert W. Woodruff Library which provided the overall framework of support for the conference, the Emory Law School which provided the facilities for the event, and the divisions of Emory University which provided financial support, including the Emory Graduate Institute of the Liberal Arts, American Studies, and the Department of Mathematics and Computer Science. I would like to thank all of the contributors to these proceedings for their input to the intellectual substance of this symposium. I would also like to thank all of them for their ongoing contributions to the causes of free culture and digital libraries. My thanks also go to the symposium presenters who were unable to contribute a paper, especially Dr. Lawrence Lessig; their contributions to the symposium were also key to making it a high quality event. I would like to thank all of the scholars who participated (gratis) in the peer review of submissions to the symposium. The quality control and substantial feedback to contributors that these peer reviewers provided were critical to the success of the symposium. I am grateful to Linda Matthews, Emory Vice Provost and Director of Libraries, who gave us permission to pursue this event and also provided so much guidance and financial support. Finally, I would like to extend special thanks to the particular staff members of the MetaScholar Initiative who focused so much of their energy for so many months to make this symposium happen. I am privileged to lead this premier group of young Turks, who are each brilliant in their respective areas of technology and cultural studies. MetaScholar is Emory’s ongoing initiative for digital library and e-scholarship projects. Key to making this symposium happen were Katherine Skinner, Sarah Toton, Paul O’Grady, and Liz Milewicz, who all worked in many capacities. My greatest thanks go to our copy editor and general symposium heroine Carrie Finegan, who carried all the details of this symposium forward for a full year, and who was the lynchpin in the whole endeavor. Martin Halbert Atlanta, Georgia September 2005 Introduction to the Symposium Preserving the Information Commons of Society in the Library of the Future Martin Halbert (Emory University) Abstract: Outlines the themes and contributions of the Free Culture and the Digital Library Symposium. The article provides a summary of the conflict of interests between those who seek to preserve a shared commons of information for society and those who seek to commodify information. I introduce a theoretical framework called Transmediation to help explain the changes in media that society is currently experiencing. INTRODUCTION It is my great pleasure to provide this introduction to the proceedings of the Free Culture and the Digital Library Symposium. You will find that these proceedings are an unusual blend of contributions inspired by a group of shared beliefs about freedom of information and digital libraries. The core convictions that inspired this symposium are 1) that the public has a right to freely access, preserve, and use shared cultural information; 2) that digital libraries (broadly construed) are key to providing for this right in the modern world; 3) that there are unfortunate trends afoot to constrain and deny this right; and finally 3) that we must mobilize efforts now to resist these trends and preserve this essential public right. It is not an overstatement to say that we are currently in the midst of a war over the future of social access to shared cultural information. This war is being waged at virtually all levels of our society; in courtrooms, in congress, in universities, in our workplaces, and in virtually all of our homes. We have in this country a tradition of a shared commons of cultural information that was historically predominant until the end of the Twentieth Century, when it was lost to legal maneuverings of commodifying M. Halbert (Ed.): Free Culture and the Digital Library Symposium Proceedings. Atlanta, Georgia: MetaScholar Initiative at Emory University, 2005. pp. 1-12. This work is covered by the Creative Commons Attribution- NonCommercial-NoDerivs 2.5 License. 2 Free Culture and the Digital Library Symposium media interests. This loss has been marked by librarians, technologists, legal scholars, and social