Some thought on the internet and society in relation to unpublished works

I’ve just completed reading a draft of a piece Peter Hirtle is working on about the Gentleman’s Agreement of 1935, which was an agreement between librarians and publishers on what was ok to copy without anyone filing infringement lawsuits. It’s a terrific piece that is very timely for issues surrounding technology today. These issues of fair use, access to materials, and competing interests do not go away, and they have been with us for a very long time. Peter’s piece reminds us of that. It also brings home the notion that a scholar, an archivist, an educator, a librarian, and of course, a publisher have very different concerns and interests, and that, as his piece shows, who shows up to the bargaining table greatly influences the direction of the negotiations. This made me think of the internet and society. So much of what is being driven today regarding copyright is centered around the needs and interests of software, hardware, and access to materials on the internet. We have to as scholars and educators also keep raising our voices and waving our hands to make sure that our needs outside of the internet space are also considered. We also have to participate in the discussions surrounding the internet so that our concerns, just as Peter’s article points out, are heard and hopefully even met! My concerns inter alia are continued access to materials with privacy to look, transparent copyright information for materials posted on the internet and those still remaining soley in archives, and a better fair use scheme that scholars can actually use and depend on, particularly when literary executors DO NOT give permission to quote from materials (this is when it is needed most.)