Version 1 of conditions for Foul Papers Buyers

All right, now, one mildly annoying feature of blogs is that "most recent post first" thing, so please go down to the preceding message to see what this is all about. Then come back and read this list of conditions I am thinking of imposing on anyone buying collections of my foul papers. And then, I hope, talk about them -- is this fair to collectors, feasible for scholars, good for writers, good for literature? But do get the context from that first post, before wading in here, please.

1. For purposes of these rules, the "owner" is the person who has purchased the collectible materials from John Barnes, or who has purchased the materials from a previous owner. A "scholar" is
anyone who is working on any work documenting or studying John Barnes's work; this includes university, museum, and institute faculty, but also hobbyists and students.
a. No requirement is made that the scholar be professional or previously published.
b. No requirement is made that the scholar's work be intended for publication; study for the purpose of finding a project is explicitly allowed as a scholarly purpose
c. No requirement is made for publication or intended publication in hard copy or in scholarly media. Preparation of speeches, slide shows, web pages, IM discussions, etc. are all explicitly endorsed as possible projects qualifying the person as a scholar.

2. The owner of the physical objects listed in this permission must permit study by scholars of all the listed objects. To this end:
a. The owner will permit scholars to examine the objects for sufficient time and under reasonably comfortable conditions for the scholars to complete the work necessary to their research.
b. The owner may limit the place for such examination, restricting it to the owner's premises or some mutually acceptable location, with travel costs to be borne by the scholar, or may make arrangements for shipping or transporting the objects, entirely at the owner's discretion except that the location for the scholar's work must be reasonably comfortable and adequately lighted, and not inordinately difficult to reach or work in.
c. All non-damaging, non-destructive forms of copying must be permitted, normally one copy per scholar, with copies not to be sold for profit or distributed in greater than Fair Use quantities.
d. The owner may prohibit any form of copying or study which is destructive, potentially damaging, risky, or may lower the value of the objects as collectibles.
e. The owner may require reasonable insurance to be paid by the scholar.
f. The owner may deny permission if he has reasonable grounds to think that the scholar intends vandalism or theft.
g. The owner may deny permission if the material requested is freely and easily available elsewhere; for example, if a letter or set of notes has already been published. This does not apply to the availability of summaries or of documentation by other scholars in any case where reference to the original is important, and comparison of the actual original with reported versions is always to be permitted.
h. The owner must make copies of the letter of provenance received with the box of collectible materials freely available, including answering reasonable questions about its content, providing copies (for which expenses may be charged), and so forth. Maintaining a copy of the letter of provenance on the web, along with contact information for the collector, will completely fulfill this obligation.

3. Scholars are explicitly granted permission to quote extensively from all these materials, but commercial distribution without negotiated payment is prohibited. Specifically:
a. Limited permission to quote is granted for any scholarly or research publication, including online publication and including publications by and for amateur aficionados and fans as well as academic scholars. The limitations are:
b. No single quote may be more than 30% of the text; the "text" is defined as anything listed as a single item in the letter of provenance.
c. No more than 50%, or 700 words, whichever is greater, of any text may be quoted in any single scholarly work.
d. Quotes from the John Barnes documents may not total more than 60% of the scholarly work.
e. Because some drafts and notes are printed on the backs of other materials, some of which may be proprietary, if the letter of provenance does not list the material on the back, it may not be quoted. This restriction does not apply to, e.g., notes continuing on the back from the front.
f. Where proprietary material has been identified in the letter of provenance, the restrictions listed in the letter of provenance supercede these conditions; these conditions remain in force for anything not covered in notes about proprietary material.

4. Until John Barnes's death all intellectual property rights in the collectible materials, including publication for profit, remain solely the property of John Barnes, and all permissions for commercial use and publication (except as discussed above) will require his permission.

5. Following John Barnes's death, intellectual property rights to all the collectible materials are to be licensed by the owner non-exclusively, with license fee set at 10% of the lowest price on a new copy of any then-extant in-copyright version of the work. If there is no associated work in copyright, royalty per copy will be set at 5% of the average price of works of prose fiction for commercial sale in the single most popular medium for prose fiction then extant. Two thirds of any money received from licensing publication of collectible materials shall be kept by the owner, with the other one third being given to John Barnes's estate.

6. Licensing of collectible materials is in no way to impair the scholarly access rules described above.

7. Where the licensing procedures described in 4 and 5 would interfere with rights already licensed by John Barnes or his estate to publishers, the publishers' rights will take precedence.

8. The owner will not re-sell these collectible materials, or any part of them, without imposing all of these conditions contractually and in full upon the next owner.