Rightsstatements.org Emily Gore - DPLA - EGORE@DP.lA - @ncsChistory Dave Hansen - UNC - drhansen@email.unc.edu - @diglibcopyright -introduction -int’l collaboration for creating standard for communicating copyright status of items in digital collections -started in 2014 Rightsstatements.org

just some of the hubs contributing content to DPLA

DPLA by the numbers Nearly 14 million records 29 Hubs + 11 in development 2100+ contributing institutions 9 major metadata schemas (not all XML) DPLA Metadata Application Profile (DPLA MAP) requires a Rights Statement - and there are A LOT of them (likely ~100,000 different ones) More words in the rights statement field than any other field

Text

copyright.cornell.edu/resources/publicdomain.cfm

Launched April 2016 -Launched at DPLAfest in 2016 -Beginning implementation with hubs - starting with NYPL In consultation with

Design Principles Simple Flexible Descriptive Accurate Transparent Rights White Paper simple - not complicated; easy to understand and apply -captures situations commonly encountered -descriptive; meaning it describes status, doesn’t comment explicitly on how it is being used (e.g., fair use) -accurate; covers situations that actually exist (even if we wish they didn’t ), such as license restrictions on public domain material -transparent (same ;allows for recognizing those situations)

NOT SIMPLE

Not accurate (or at least misleading)

not accurate; digital image copyright

IN COPYRIGHT WORKS Start with In Copyright 1. In Copyright is exactly what it sounds like—item is in copyright 2. Indicates that the Item has been identified as an ‘Orphan Work’ under the terms of the EU Orphan Works Directive. Targeted towards institutions that can use the directive Indicates that the Item has been identified as in copyright, but its rights­holder(s) either cannot be identified or cannot be located. Generally, orphan works in countries other than those covered by EU directive. In other words, not in the US. 3. In Copyright - Rightsholders Unlocatable or Unidentifiable. US orphan works 4. Indicates that the Item is in copyright but that educational use is allowed without the need to obtain additional permission. Likely in situations where rights holder has permitted institution to allow users to make educational uses 5. Indicates that the Item is in copyright but that non­commercial use is allowed without the need to obtain additional permission. Again, likely because rights holder has given institution to make item available to others for noncommercial uses

OUT OF COPYRIGHT WORKS 1. Indicates that the Work is in the Public Domain, but the organization that has published the Work is contractually required to allow only non­commercial use by third parties. Usually part of projects like Google Books in the EU 2. Indicates that the underlying Work is in the Public Domain, but the organization that has published the Item is contractually required to restrict certain forms of use by third parties. Usually because of donor agreements or digitization agreements 3. Indicates that the underlying Work is in the Public Domain, but that there are known restrictions imposed by laws other than copyright on the use of the Item by third parties. Again, targeted at institutions outside US who have laws that protect traditional cultural expressions 4. No Copyright - US. Indicates that the work is in the public domain at least under the laws of the US

UNDETERMINED 1. Indicates that the data provider believes that no copyright or related rights are known to exist for the Item, but that a conclusive determination could not be made. In the US, this is particularly useful for archival collections with material where publication status isn’t clear 2. Indicates that the data provider has not evaluated the copyright and related rights status of the Item. 3. Copyright Undetermined. For use when copyright investigated but could not be determined.

RIGHTS STATEMENTS + CREATIVE COMMONS rightsstatments are NOT licenses; just state status -don’t legally grant permission to do anything; just describe So where does CC fit in here? Statements are supposed to live in parallel with CC statements But CC licenses applied by rightsholder In most cases, not institution making available

RIGHTS STATEMENTS + CREATIVE COMMONS Even the public domain tools will be accepted as valid rights statements We’ll talk later about the differences between the Public Domain Mark and the other No Copyright flavors

http://quod. lib. umich. edu/c/crmstoolkit/images/14616082. 0001. 001 http://quod.lib.umich.edu/c/crmstoolkit/images/14616082.0001.001.pdf

https://www. law. berkeley https://www.law.berkeley.edu/files/FINAL_PublicDomain_Handbook_FINAL(1).pdf

ADDITIONAL NOTICES No Warranties Other Rights Additional Information ...to keep the lawyers happy… No warranties--Institution doesn’t make any warranties about its statements so that if institution gets its wrong, not going to suffer legal consequences Other Rights--There may be other rights implicated by your use, including rights of privacy, publicity, moral rights and trademark rights Additional information about the rights status may be found on contributor site But at no time should the additional info conflict with the rights statement

Example of statement URI for In Copyright. Each of these rights statements will be expressed as a URI on Rights Statements both human and machine readable

Implementation Guidelines FOR DPLA NETWORK (1) DPLA recently issued Implementation Guidelines for our network URIs will allow us to easily populate the display with data from the linked data endpoint. If URIs are included, no other information is needed by DPLA Data included in a distinct field means we can easily find it. This means it is in: a property not used by any other data, or a specific instance of a property that is used multiple times (i.e. first or last)

Implementation Guidelines FOR DPLA NETWORK (2) If you are using CC licenses instead of a standardized rights statement they will be handled the same way URIs are. Use EITHER a CC license of a Rights Statement, but not BOTH We can still handle local rights statements, however these CAN’T contradict standardized rights statement.

IMpLEMENTATION EXPECTATIONS (1) We realize that adoption will take awhile and our implementation guidelines may have to change depending on our network needs/system complications We are beginning local trainings this summer to assist our hubs’ contributing institutions in selecting and applying accurate rights statements for their digital objects Some hubs are capable of taking this on themselves while others need more assistance

IMPLEMENTATION EXPECTATIONS (2) We hope to have RightsStatements.org statements live late summer in DPLA from New York Public Library. They are replacing their current statements with the standardized statements available at RightsStatements.org We expect that others will want to implement these statements that are not currently part of the DPLA or Europeana network, and while this is encouraged, we only currently providing implementation support to our networks

Future Governance Meeting in September between Europeana and DPLA leadership to finalize governance structure Governance will be lightweight and will deal with changes to the statements, funding the organization and expanding the organization to include other National aggregators/digital libraries who want to join Current project funding, outside of grant from Knight Foundation, comes from Europeana and DPLA.

Working Group Leaders Paul Keller (co-chair) - Kennisland/Europeana Emily Gore (co-chair) - DPLA Subgroups Mark Matienzo (technical co-chair) - DPLA Antoine Issac (technical co-chair) - Europeana Dave Hansen (statements co-chair) - UNC/DPLA Julia Fallon (statements co-chair) - Europeana

Working Group Members Greg Cram - NYPL/DPLA Melissa Levine - UMich/DPLA Tom Johnson - DPLA Amy Rudersdorf - DPLA Karen Estlund - PennState/DPLA Richard Urban - FSU/DPLA Maarten Zeinstra - Kennisland/Europeana Patrick Peiffer - BNL/Europeana Lucie Guibault - Institute Info Law/Europeana Marie-Claire Dangerfield - Europeana Diane Peters - Creative Commons Matt Lee - Creative Commons

Funding for this project generously provided by the