Teresa,

I don't know the answer to your question but my understanding is that if a freelance author does not sell the electronic distribution rights of his/her article to a publication, the publication cannot make it available to other sources. This is due to a Supreme Court case, New York Times vs. Tasini. Tasini (and 5 others) sued the NYT when it distributed their articles through LexisNexis (and possibly other channels) without the additional compensation requested. Instead of paying the compensation, publications now just remove the articles (or never include them) in what they sell to database vendors since the publication does not have the distribution rights, particularly for freelance authors. Wizards is available on the New Yorker website. The court case is available here. https://www.law.cornell.edu/supct/html/00-201.ZO.html

Sincerely,

Georgia Baugh

Georgia A. Baugh, M.A., M.A.L.I.S.
Associate Professor/Electronic Resources Librarian
Research & Instruction Services Department
Pius XII Memorial Library
Saint Louis University
3650 Lindell Blvd.
St. Louis, MO 63108
Phone: 314-977-3598
baughga@slu.edu
http://libguides.slu.edu/profile/baughga
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On Wed, Apr 6, 2016 at 5:31 PM, Teresa Grimm <teresamariegrimm@gmail.com> wrote:

Today I was helping a student look for a New Yorker article titled Wizards by Lorrie Moore, that appeared in the Sept. 12, 2011 issue. Although other articles from the New Yorker appear in full-text in several of our databases, this article was withheld at the request of the rights holder. I have occasionally encountered this same situation with articles from Sports Illustrated.

We were able to find the article freely available on the Internet.

It got me thinking though. Are there certain magazines and journals out there that are more apt to let the author retain the rights to their work. this would be important to know as we continue to cut more print publications and rely on database coverage. Is there anyway I can check this short of comparing each online issue to the articles available online?

Teresa Grimm

Lakeland College: John Esch Library
P.O. Box 359
Sheboygan, WI 53082

grimmtm@lakeland.edu
(920) 565-1038, ext. 2418

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