The Strategic Content Alliance A presentation on the work of the SCA

The Strategic Content Alliance New Opportunities for IPR and Licensing Excellence: A Real World Example Naomi Korn SCA IPR Consultant www.jisc.ac.uk/contentalliance 02 December 2018

Probably play the video at this point………possibly with a link to one of the video case studies to orientate the audience www.jisc.ac.uk/contentalliance 02 December 2018

The Context There are over 10,000 cultural heritage organizations There are thousands of educational establishments The public sector will use and create millions and millions of pieces of content Vast range of objects, ranging from low commercial value – high cultural/historic value to those of high commercial value Whilst many of these will be “out of copyright”, length of copyright protection means that many still in copyright Standard term NB: Copyright in unpublished text based works can last until end 31st Dec 2039 Legislative impediments Onus of responsibility to clear rights before works copied (including placing online) www.jisc.ac.uk/contentalliance 02 December 2018 www.djsresearch.com

The Content 5 www.jisc.ac.uk/contentalliance 02 December 2018 02 December 2018 | Slide 5 5

The Vision “…a common information environment where users of publicly funded e-content can gain best value from the investment that has been made by reducing the barriers that currently inhibit access, use and re-use of e-content.” www.jisc.ac.uk/contentalliance 02 December 2018

The Strategic Content Alliance Opportunities and Challenges: The Flow of Content www.jisc.ac.uk/contentalliance www.jisc.ac.uk/contentalliance 02 December 2018 02 December 2018 | Slide 7 7

Challenges and Opportunities Common issues: Egalitarian nature of copyright Rights holders and rights users Media rich content: Multiple layers of rights, multiple rights holders Multiple licences: Choices v. licence pollution Orphan Works (works where rights holders unknown/cannot be traced) www.jisc.ac.uk/contentalliance 02 December 2018

Orphan Works: The Cause “Orphan works are being created on an industrial scale in education today. Because people don’t understand what intellectual property is, and they don’t take the steps to sort it out….” Stuart Dempster, Director, Strategic Content Alliance www.jisc.ac.uk/contentalliance 02 December 2018

Acceleration of Orphan works Everyone is potentially a publisher - UGC Registration does not capture all information Ease of copying Few standards for capturing metadata Automatic nature of © Duration of copyright Egalitarian nature of © www.jisc.ac.uk/contentalliance 02 December 2018

Collaboration and join up Education and awareness raising Common Approach Common approach: Collaboration and join up Education and awareness raising Practical tools and processes Legislative and/or licensing-based solutions www.jisc.ac.uk/contentalliance 02 December 2018

Role of SCA IPR and Licensing Toolkit Overview of the Issues Practical tools and templates Scenarios Navigation Tools Modelling www.jisc.ac.uk/contentalliance 02 December 2018

In From the Cold: Survey of Orphan Works SCA/Collections Trust joint initiative to assess the impact of ‘orphan works' (works for which the copyright owner is unknown or cannot be traced) on the delivery of services to the public. As part of the work, online survey to allow cultural heritage, education, health and other public service organizations to register how the issue affects their own service provision. The first research of its kind into the extent of orphan works across the UK and Europe, the survey received 503 responses from the collections across the United Kingdom and overseas. Report due out May 2009 www.jisc.ac.uk/contentalliance 02 December 2018

The Survey Responses Canada x 2 Russian Federation x 1 USA x 5 Australia x 3 New Zealand x 1 Ireland x 7 Austria x 1 Belgium x2 Cyprus x 1 Denmark X 1 Finland x 1 France x 1 Germany x 8 Hungary x 1 Italy x 4 Luxembourg x 1 Malta x 1 Netherlands x 2 Romania x 1 Spain x 1 Sweden x 1 www.jisc.ac.uk/contentalliance 02 December 2018 14

Extent Orphan Works 89% 95% 88% 93% 96% 91% 58% OVERALL (503) Museum (143) Library (101) Archive (61) Gallery (21) Education sector (90) Health Sector (24) Average number of works in collection 50,000 to 100,000 works 10,000 to 25,000 works 100,000 to 500,000 works 500,000 to 1 million works 5,000 to 10,000 works 1,000 to 5,000 works Proportion of organisations affected by orphan works 89% 95% 88% 93% 96% 91% 58% Average proportion of works that are orphans 5% to 10% 21% to 30% Less than 5% www.jisc.ac.uk/contentalliance 02 December 2018

Impact of Orphan Works OVERALL (447) Museum (136) Library (89) Archive (57) Gallery (20) Education sector (83) Health Sector (14) Use them but with a risk managed approach 60 58 56 75 85 52 36 Use them only for educational purposes 14 15 4 27 Use them internally only 10 13 8 7 21 Not use them 9 Use them regardless 2 Other 3 5 www.jisc.ac.uk/contentalliance 02 December 2018

British Library’s Archival Sound Project A Real World Example British Library’s Archival Sound Project St Mary’s Bow Public Debate Recordings Made between 1964 – 1979, famous and unknown Rights clearance: 150 hours was spent by a freelancer 152 hours by British Library staff Eight permissions being received Cost of copyright clearance disproportionate to value of recording www.jisc.ac.uk/contentalliance 02 December 2018

High Level Ramifications of Orphan Works Average 5/10% of all works. Peaks of up to 50% in archives In excess of 50 million orphan works across public sector Orphan works usually low/negligible commercial worth Most “orphans” were never created to be commercially exploited Massive resource and administrative impact across public sector 6.5 million days to clear all orphan works for works in survey Access locked down to ca. 5 million works in cultural heritage Public sector bodies placed in positions of risk Different levels of awareness Varying levels of approach www.jisc.ac.uk/contentalliance 02 December 2018

“The challenge is clearing the rights. It’s virtually impossible.” Food for thought! “The challenge is clearing the rights. It’s virtually impossible.” “The free-for-all approach is when people put things out there without even bothering to clear copyright. With orphan works, it’s a case of people wanting to but just not knowing how to.” “The Government on the one hand wants us to be highly IT-literate and yet the law is preventing us from doing that.” “By and large, the current copyright regime is inappropriate for the knowledge economy agenda. There are too many restrictions on things that need not be restricted in our view.” “If we can’t digitise the 20th century collections we are failing in this obligation.” www.jisc.ac.uk/contentalliance 02 December 2018

How the toolkit can help you? Customisation and adaptation of the tools Digestible, chunk sized tools and information = choose what you need when you need Ability to embed tools into existing practices Tools for practioners and policy makers Guidance about permissions and how to seek them Understanding role of proportionate and informed risk management www.jisc.ac.uk/contentalliance 02 December 2018

Practical Steps: SCA IPR and Licensing Toolkit First time diff. sectors collaborated with common cause to create an IPR and licensing toolkit PROCESS Survey and questionnaires Peer review Stakeholder workshops Adaptation and customisation through Digipedia Acceptance and road testing www.jisc.ac.uk/contentalliance 02 December 2018

SCA IPR and Licensing Toolkit Comprehensive IPR and Licensing Toolkit Guidance 21 Resources Scenarios Navigation tools for IPR Toolkit, including charts and flowcharts to: Ensure that toolkit is used and usable Becomes part of project management and best practices Provides various entry points for users with different skills and needs Case studies and modeling www.jisc.ac.uk/contentalliance 02 December 2018

SCA IPR and Licensing Toolkit Outputs: IPR Toolkit BACKGROUND PAPERS 1.1 Briefing Paper on Creative Commons Licences 1.2 IPR and Web2.0 Factsheet 1.3 IPR and Legal Issues Factsheet 1.4 FAQs POLICY RELATED PAPERS 2.1 Draft Institutional IPR Policy Statements 2.2 IPR Licensing Blue Print for Funding Bodies and Recipients of Funding PRACTICAL TOOLS 3.1 Getting Permissions Paper 3.2 IPR Risk Assessment 3.3 Rights Management 3.4 Terminology Toolkit Paper 3.5 Top Tips for Issuing Licences 3.6 Top Tips for Requesting Licences 3.7 IPR Model Consent Form 3.8 IPR Model Licence 3.9 Template Email Permission Form 3.10 Template Permissions Letter www.jisc.ac.uk/contentalliance 02 December 2018

Advocacy and promotion Acceptance and testing: workshops and critique The Future Advocacy and promotion Acceptance and testing: workshops and critique Needs analysis Customisation for specific audiences against specific scenarios Implementation as part of policy framework Feeding into Digipedia Further enhancement and development Further dissemination www.jisc.ac.uk/contentalliance 02 December 2018

Some Issues Who might you liaise with across your organisation to encourage take up and use of the toolkit (or component parts)? How will you ensure that the toolkit (or component parts) are used across your organisation and/or what processes might be instigated to encourage use of the toolkit across your organisation? What is your organisation’s approach to risk (on a scale of 1-10, “10” being most risk adverse)? What are the steps you think your organisation needs to take to accept informed and proportionate approaches to risk? Are there any other issues relating to IPR and licensing that you think the SCA should tackle in order to support the flow of content within and beyond the public sector? www.jisc.ac.uk/contentalliance 02 December 2018

The Strategic Content Alliance That’s all folks! Thank you for listening Any questions or comments? For further information please contact us at….. Naomi Korn Strategic Content Alliance, IPR Consultant naomi@naomikorn.com www.jisc.ac.uk/contentalliance 02 December 2018