SPERBERG-McQUEEN noted that the TEI prepared a long working paper early on about the AAP tag set and what it lacked that the TEI thought it needed, and a fairly long critique of the naming conventions, which has led to a very different style of naming in the TEI. He stressed the importance of the opposition between prescriptive markup, the kind that a publisher or anybody can do when producing documents de novo, and descriptive markup, in which one has to take what the text carrier provides. In these particular tag sets it is easy to overemphasize this opposition, because the AAP tag set is extremely flexible. Even if one just used the DTDs, they allow almost anything to appear almost anywhere.
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SESSION VI. COPYRIGHT ISSUES
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ PETERS * Several cautions concerning copyright in an electronic environment * Review of copyright law in the United States * The notion of the public good and the desirability of incentives to promote it * What copyright protects * Works not protected by copyright * The rights of copyright holders * Publishers' concerns in today's electronic environment * Compulsory licenses * The price of copyright in a digital medium and the need for cooperation * Additional clarifications * Rough justice oftentimes the outcome in numerous copyright matters * Copyright in an electronic society * Copyright law always only sets up the boundaries; anything can be changed by contract * +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Marybeth PETERS, policy planning adviser to the Register of Copyrights, Library of Congress, made several general comments and then opened the floor to discussion of subjects of interest to the audience.
Having attended several sessions in an effort to gain a sense of what people did and where copyright would affect their lives, PETERS expressed the following cautions:
* If one takes and converts materials and puts them in new forms, then, from a copyright point of view, one is creating something and will receive some rights.
* However, if what one is converting already exists, a question immediately arises about the status of the materials in question.
* Putting something in the public domain in the United States offers some freedom from anxiety, but distributing it throughout the world on a network is another matter, even if one has put it in the public domain in the United States. Re foreign laws, very frequently a work can be in the public domain in the United States but protected in other countries. Thus, one must consider all of the places a work may reach, lest one unwittingly become liable to being faced with a suit for copyright infringement, or at least a letter demanding discussion of what one is doing.
PETERS reviewed copyright law in the United States. The U.S. Constitution effectively states that Congress has the power to enact copyright laws for two purposes: 1) to encourage the creation and dissemination of intellectual works for the good of society as a whole; and, significantly, 2) to give creators and those who package and disseminate materials the economic rewards that are due them.