Copyright Management for Scholarship Julia Blixrud, Association of Research Libraries/SPARC Rodney Petersen, EDUCAUSE John Vaughn, Association of American Universities

Introduction Copyright Management Copyright Management copyright “ownership” and “use” copyright “ownership” and “use” management of intellectual property rights management of intellectual property rights for Scholarship for Scholarship mission: education and research mission: education and research access: not free but maximum use access: not free but maximum use Balancing Rights of Stakeholders Balancing Rights of Stakeholders addressing interests of stakeholders addressing interests of stakeholders

Stakeholders Authors Authors Faculty Faculty Publishers Publishers Commercial, for-profit Commercial, for-profit Academic or not-for-profit Academic or not-for-profit Universities Universities Administrators Administrators Librarians Librarians Public Public

Zwolle Working Conferences An Initiative of SURF and the Zwolle Group An Initiative of SURF and the Zwolle Group 1 st Conference: June st Conference: June 2001 “Working Conference on Copyright and Universities” “Working Conference on Copyright and Universities” 2 nd Conference: December nd Conference: December 2002 “Copyright and Universities: from Principles to Practice” “Copyright and Universities: from Principles to Practice” 3 rd Conference: February rd Conference: February 2004 “Optimal Management of Copyright: Making it Happen” “Optimal Management of Copyright: Making it Happen”

Copyright and Universities Who Should Own the Copyright? Who Should Own the Copyright? Policy Position – faculty owns vs. institution owns Policy Position – faculty owns vs. institution owns Principled Negotiation – focus on interests Principled Negotiation – focus on interests Issues for Policy Clarification Issues for Policy Clarification Distance Education Distance Education Scholarly Communication Scholarly Communication Commercialization of Research/Tech Transfer Commercialization of Research/Tech Transfer Copyright Policies Copyright Policies Intellectual Property Policies Intellectual Property Policies Copyright Policies Copyright Policies Other Policy Issues Other Policy Issues Conflict of Interest/Commitment, Use of University Name, Use of Resources, Student Works Conflict of Interest/Commitment, Use of University Name, Use of Resources, Student Works

Issues and Challenges Maximize access to scholarly information Maximize access to scholarly information Balance rights between authors, publishers, and universities Balance rights between authors, publishers, and universities Educate academic community to the need to manage copyright Educate academic community to the need to manage copyright Increased use of electronic technology and dissemination of information over the internet Increased use of electronic technology and dissemination of information over the internet Copyright Legislation Copyright Legislation Digital Millennium Copyright Law Digital Millennium Copyright Law Copyright Term Extension Act Copyright Term Extension Act Work Made for Hire and Copyright Corrections Act Work Made for Hire and Copyright Corrections Act Technology, Education, and Copyright Harmonization (TEACH) Act Technology, Education, and Copyright Harmonization (TEACH) Act

Position Statements (1) ARL Statement of Intellectual Property Principles (1994) ARL Statement of Intellectual Property Principles (1994) NHA Basic Principles for Managing Intellectual Property in the Digital Environment (1997, rev. 2002) NHA Basic Principles for Managing Intellectual Property in the Digital Environment (1997, rev. 2002) Roundtable on Managing Intellectual Property in Higher Education (1997) Roundtable on Managing Intellectual Property in Higher Education (1997) 3) Get a handle on property rights 3) Get a handle on property rights

Position Statements (2) Fair Use in the Electronic Age: Serving the Public Interest (1998) Fair Use in the Electronic Age: Serving the Public Interest (1998) Intellectual Property and New Media Technologies: A Framework for Policy Development at AAU Institutions (1999) Intellectual Property and New Media Technologies: A Framework for Policy Development at AAU Institutions (1999)

Position Statements (3) Tempe Principles (Principles for Emerging Systems of Scholarly Publishing, 2000) Tempe Principles (Principles for Emerging Systems of Scholarly Publishing, 2000) 5) Balance and management 5) Balance and management 6) Negotiation of publishing agreements 6) Negotiation of publishing agreements SPARC SPARC Create Change (2000) Create Change (2000) Seizing the Moment: Scientists' Authorship Rights in the Digital Age (2002) Seizing the Moment: Scientists' Authorship Rights in the Digital Age (2002)

Maximizing Access Budapest Open Access Initiative Budapest Open Access Initiative Open access journals Open access journals Digital (institutional) repositories Digital (institutional) repositories

Zwolle Principles: Purpose Statement To assist stakeholders—including authors, publishers, librarians, universities and the public—to achieve maximum access to scholarship without compromising quality or academic freedom and without denying aspects of costs and rewards involved.

Zwolle Principles 1.Achievement of this objective requires the optimal management of copyright in scholarly works to secure clear allocation of rights that balance the interests of all stakeholders. 2.Optimal management may be achieved through thoughtful development and implementation of policies, contracts, and other tools, as well as processes and educational programs, (collectively “Copyright Management”) that articulate the allocation of rights and responsibilities with respect to scholarly works.

Zwolle Principles 3.Appropriate Copyright Management and the interests of various stakeholders will vary according to numerous factors, including the nature of the work; for example, computer programs, journal articles, databases and multimedia instructional works may require different treatment. 4.In the development of Copyright Management, the primary focus should be on the allocation to various stakeholders of specific rights.

Zwolle Principles 5.Copyright Management should strive to respect the interests of all stakeholders involved in the use and management of scholarly works; those interests may at times diverge, but will in many cases coincide. 6.All stakeholders in the management of the copyright in scholarly works have an interest in attaining the highest standards of quality, maximizing current and future access, and ensuring preservation; stakeholders should work together on an international basis to best achieve these common goals and to develop a mutually supportive community of interest.

Zwolle Principles 7.All stakeholders should actively promote an understanding of the important implications of copyright management of scholarly work and encourage engagement with the development and implementation of Copyright Management tools to achieve the overarching objective.

Implementing the Zwolle Principles Copyright Toolkit Copyright Toolkit Publisher Agreements with Authors Publisher Agreements with Authors University Copyright Policies University Copyright Policies Ownership and Rights of Use of Works Created at the University: A Survey of American University Copyright Policies Ownership and Rights of Use of Works Created at the University: A Survey of American University Copyright Policies Comparative Chart of International Copyright Law Comparative Chart of International Copyright Law

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