1 Electronic Resource Management: copyright and licensing context Dr. Alicia Wise, Publishers Licensing Society

2 About PLS Not-for-profit Not-for-profit Owned by the UK publishing industry Owned by the UK publishing industry Administer a limited range of rights Administer a limited range of rights 8,000 publishers of all kinds, sizes 8,000 publishers of all kinds, sizes Innovative practice at the intersection of copyright and digital technology Innovative practice at the intersection of copyright and digital technology

3 Legal Context Copyright Law Copyright Law Historical overview Historical overview Territorial Territorial Interpretation Interpretation International treaties: exceptions, 3-step test International treaties: exceptions, 3-step test Contract Law (Anglo-Saxon) Contract Law (Anglo-Saxon) Moral rights (Francophone) Moral rights (Francophone)

4 Rights pipeline Customers Libraries Consortia Authors Artists Publishers Agents Aggregators Employers RROs Co-publishers Translations Large Print ISPs Search engines

5 The challenge… Lack of clarity about who can use what, when, how, and even who to ask for answers Publisher Site License? Secondary License? Fair Use? Creative Commons? Implied License ? Author Agreements? Employment Contracts? Orphan work?

6 The problem, continued What who can do with which resources, when, and how depend upon: What who can do with which resources, when, and how depend upon: An almost infinite variety of contractual terms and conditions, layered one upon another An almost infinite variety of contractual terms and conditions, layered one upon another Copyright laws where the end-user is located Copyright laws where the end-user is located Copyright laws where an intermediary (e.g. library or aggregator) is located Copyright laws where an intermediary (e.g. library or aggregator) is located Copyright laws where the resource is published and/or located Copyright laws where the resource is published and/or located Contract law in all of the above places Contract law in all of the above places

7 Publisher perspective Much more complicated these days Much more complicated these days Multiple products, platforms Multiple products, platforms Rights management required in an unprecedented way Rights management required in an unprecedented way Some creators are more actively managing rights Some creators are more actively managing rights Other creators embracing open access Other creators embracing open access Ease of copying increases risk of market cannibalisation (piracy AND market channels) Ease of copying increases risk of market cannibalisation (piracy AND market channels)

8 Possible responses Despair Despair Get rid of copyright and lawyers Get rid of copyright and lawyers Education and awareness Education and awareness Modify copyright legislation (e.g. exceptions, terms, orphan works, vips) Modify copyright legislation (e.g. exceptions, terms, orphan works, vips) Standardise on a single model license Standardise on a single model license More collective licensing (e.g. consortial licensing, RROs) More collective licensing (e.g. consortial licensing, RROs) Agree not to use a license Agree not to use a license Use technology to manage the complexity Use technology to manage the complexity Technical Protection Measures (TPMs – a type of DRM) Technical Protection Measures (TPMs – a type of DRM) Rights Management Metadata (a different type of DRM) Rights Management Metadata (a different type of DRM) License expression License expression Directories of public domain and orphan works AND signposts to rights holders Directories of public domain and orphan works AND signposts to rights holders

9 Automation would be helpful to manage rights metadata, however: Automation would be helpful to manage rights metadata, however: Computers are good at exchanging numeric information, especially if it is unique and persistent. Computers are good at exchanging numeric information, especially if it is unique and persistent. Computers need us to be very specific about the language we use if they are to automate more complex types of information about rights and licences. Computers need us to be very specific about the language we use if they are to automate more complex types of information about rights and licences.

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11 Licence expression: some practical applications Academic ERMs Academic ERMs Secondary licensing Secondary licensing Search engines Search engines

12 Practical issues for publishers Managing rights information requires new investments Managing rights information requires new investments and coherent licensing/rights/use policies and coherent licensing/rights/use policies A standard, automated, approach will keep administrative costs down for all A standard, automated, approach will keep administrative costs down for all Standards based on those already embedded in publishing supply chain workflows (e.g. ONIX, DOIs) are most cost effective Standards based on those already embedded in publishing supply chain workflows (e.g. ONIX, DOIs) are most cost effective Collaborative development of the standards is essential Collaborative development of the standards is essential

13 Conclusions Complexity is inherent, often necessary, and can be better managed Complexity is inherent, often necessary, and can be better managed ERMs and licence expression two promising approaches ERMs and licence expression two promising approaches