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Joe Miller

Back to His Future II: Kaplan on Open Access Publishing

Prof. Kaplan’s 1966 self not only describes the web, he describes a new publishing paradigm it facilitates, known today as open access publishing (described, with links, at Wikipedia here). This catches my eye because, as I mentioned in a recent post styled “Whither Law Reviews?”, we’re having a conference here at Lewis & Clark Law School on March 10 entitled “Open Access Publishing and the Future of Legal Scholarship.” (You can learn more about the conference here.)

Prof. Kaplan’s insight on open access publishing is below the fold …

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An Unhurried Read

Spurred by William Patry’s recent observation that Benjamin Kaplan’s 1967 book An Unhurried View of Copyright “is well-known in this country but rarely read,” I’ve been reading it. And it is a too-brief pleasure! The book’s three parts correspond to the three Carpentier Lectures Prof. Kaplan delivered in 1966 at Columbia Law School. In the second part, Kaplan surveys the then-current practice under the 1909 Copyright Act (the last major revision that preceded the 1976 Act’s overhaul). He offers an interesting reflection on the fitness of the word “property” for copyright, a reflection which recalled to me my post of last month about the name of the AALS Section on Intellectual Property Law. I quote the key Kaplan paragraph below the fold …

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