Category Archives: Section 1.28

S 01.028

One response to “S 01.028”

  1. ehasbrouck says:

    The use of the singular “the Rightsholder” is clearly inappropriate here, since the definition of “Rightsholder” is based on that of “Settlement Class”, which in turn is based on “Copyright Interest” “including joint ownership”. This reflects both an erroneous assumption that rights are unitary and a failure to provide for situations where rights are divided and/or non-exclusive. (I suspect this reflects the legacy of print publishers’ typical false claim to hold all rights, when in fact electronic rights are often retained by worters.) It is, at best, ambiguous whether a work is considered “Commerically Avaailable” (with major implications that distinction would result in under the settlement) if one of the several Rightsholders is offering it for sale, but another is not. This is one of several ways the settlement would intrude improperly on publisher-author relations, susstituing the terms of the settlement for the terms of pre-existing publisher-author contracts.

Commercially Available” means, with respect to a Book, that theRightsholder of such Book, or such Rightsholder’s designated agent, is, at the time in question, offering the Book (other than as derived from a Library Scan) for sale new, from sellers anywhere in the world, through one or more then-customary channels of trade into purchases within the United States., Canada, the United Kingdom or Australia.

Also posted in Article 01, Settlement | Comments closed