So, have you visited James Boyle’s book blog yet to check out his latest, The Public Domain? I mentioned it a few days ago, and am now about a third of the way through it. I’m reading it in pdf form on my Mac in a beta screen reader called Stanza. A bit buggy, but I like it. As I mentioned, the book is CC licensed and for sale, at the same time, as Boyle’s blog explains.
Then, yesterday, on a list I subscribe to, Michael Carroll raised an interesting question for the publishers on the list that brought together Boyle’s book’s CC license, the Google/Publisher/Author settlement agreement and OA generally. Oh, Michael Carroll — he’s actually one of the people who appears on the little CC video explanation that Boyle links to from his book blog that explains why a CC license (in Boyle’s case, OA for a book) makes sense to authors (at :20 and again at 1:02, maybe further in). Again, if you haven’t had a look, please go check it out. It’s a great little, short, pithy explanation of CC licensing and very well-done. You could send the link to faculty who don’t have lots of time to figure out the future of scholarly publishing while they’re busy, busy, busy with their scholarship…
But back to the story. So Michael asked this question:
I know that the issue of monograph publishing and the sustainability of university presses has been an oft-discussed topic on this list.
I’d be interested in … reactions to the question of whether academic authors and publishers might not do better tha[n] the Google settlement route by taking the open access route for scholarly monographs.
Case in point. James Boyle’s new book has just been released under a Creative Commons license by Yale University Press.
According to publicly available sales statistics, it’s doing quite well.
According to Amazon, yesterday, its Sales Rank was: #3,103 in Books (See Bestsellers in Books) Popular in these categories: (What’s this?)
#1 in Books > Professional & Technical > Law > Intellectual Property
#1 in Books > Nonfiction > Law > Intellectual Property
#4 in Books > Nonfiction > Social Sciences > Sociology > Culture
So, is that an aberration? If so, why? If not, why doesn’t this point the way to a more profitable future for the public and university presses?
I’m not a publisher, but I certainly am interested in the future of publishing, especially scholarly publishing, and I wonder the same thing as Michael. Is he asking, “should a publisher just OA its books to raise sales of the print copies in lieu of participating in the settlement infrastructure or entering an agreement with Google?” I’m not so sure that it has to be either/or, does it? Maybe Michael doesn’t think it is an either/or either.
I think it can be both — for three reasons right now, and another hypothetical reason in the future:
- NOW: Any publisher can take the chance Yale took with Jamie’s book and allow CC licensed downloads and sales at the same time
- NOW: Any publisher can also have an agreement with Google about including its books in Book Search through the Partner Program (see below)
- NOW: Any publisher without an agreement with Google can have its already published books displayed as it sees fit (previews up to 100%) in Google Book Search pursuant to the settlement terms, and it can opt out of algorithmic settlement pricing, and set its own price for digital download, why not at $0 (4.2(b)(i)(1)).
- FUTURE: The settlement terms provide for a possible future print on demand option, and I would assume that, again, for books published before 2009, for a copyright owner without an agreement with Google, 100% preview (ie, totally readable online) could be combined with a free download, which could be combined with a paid print on demand option. But that’s not currently offered.
The Google settlement is, as a practical matter, only really about pre-2009 out of print (commercially unavailable) books. If you have a new book, the best way to get involved with Google Book Search is by becoming part of its publishing partners program. You negotiate a contract with Google. Google markets and helps you sell your book. Every major US publisher has already done this (*while they were suing Google*). Lots of scholarly presses have too (UT Press has an agreement, for example; maybe Yale does too but I don’t know). Those publishers with agreements with Google can have their negotiated terms *instead of* the settlement terms for all their books. Any publisher or author with a book currently in print and without an agreement with Google will find that those in print books are automatically opted out of display uses. Nada: no one sees anything if the book is identified as relevant to a search unless you specifically direct Google to change your in print work to a “display book.” It is assumed that if your book is in print, you want to define the terms upon which it is offered to the public. It’s your baby. It’s all up to you.
So, what is keeping at least the scholarly publishers from doing what Yale did? Maybe a bit scared. Actually, as Michael knows, lots of them are doing what Yale did, sort of. They have OA projects. They are experimenting, just like Yale is. Those who are not experimenting in some form or fashion are probably making plans to. But it will just take some time to get up the courage, based on good results of experiments, to finally figure out more broadly workable new business models for scholarship that do not prevent people from accessing the work as a means for paying for production and distribution. OA just makes too much sense to not be among the options that get a lot of attention. If you can cover your costs from some sales, while everyone else who won’t or can’t buy reads for free, and those who pay are happy to pay for the added whatever it is that you add that they pay for, what’s not to like? OA will work because OA already works.
So, one more brick *out of* the wall! I would say we should get set to see considerable progress in scholarly publishing this coming year, progress towards OA and CC licensing as viable alternatives to, but not replacements for, settlement pricing (that is, Google’s algorithmic pricing), rightsholder pricing (traditional sell only copies), collective institutional support for publishing and distribution, author pays/institution pays one-item-at-a-time, and some things no one’s thought of yet.