Kevin Smith HathiTrust Rights & Access Working Group & DPN Succession Rights Working Group Elaine Westbrooks Chair, HathiTrust Rights & Access Working Group Debra Haken Kurtz Texas Digital Library, Executive Director Emily Gore DPLA, Director for Content 1 Rights & Access Challenges for Digital Libraries & Repositories CNI – December 9, 2014

Rights and Access in Large-scale Digital Repositories The general legal framework Kevin Smith

Two different situations We do not know / cannot find a rights holder: – Preservation & access treated together Copyright analysis We know who the rights holder is: – Licensing for preservation – Licensing for access 3

Copyright Issues Public domain works – HathiTrust & the CRMS project Fair use – Orphan works analysis is instance of fair use consideration – Difference between preservation only and access? 4

Licensing For preservation only: – Copying, mirror sites, reformatting Would we ask rights holder for this? Who else? For access: – Immediate What benefit to rights holder? – Conditional Triggering conditions for access? 5

DPN Succession Rights working group – Focused on licensing between depositor and repository, and repository and DPN. May not be engaged with rights holder Stress on agreements needed for long-term preservation Access granted upon occurrence of trigger conditions – To whom? Depend on who had access to the originals. 6

HathiTrust: Managing Rights for Access Elaine L. Westbrooks

Overview Rights & Access Working Group Emerging Activity Challenges Next Steps

HT Rights & Access Reports to HT Program Steering Committee Created in August 2014 Liaises with: – HT Collections Committee – HT Print Monographs Archive Planning Task Force – Copyright Review Management System (CRMS)

HT Rights & Access Working Group To promote HathiTrust's ability to provide the widest possible access to its collections within the law by establishing priorities for rights determinations and strategies for engagement with rights holders.

Copyright Status Determinations CRMS - IMLS Funded since 2008 Moving CRMS beyond Michigan? Benefits go beyond HathiTrust What would it take to make this complex process sustainable? – Constraints – Legal component – Metadata component; Authority control

Moving toward prospective content Devote more energies towards attracting open content Lower barriers Develop strategies to consistently support ingest What current models exist?

Texas Digital Library Debra Hanken Kurtz

Who we are The Texas Digital Library is a consortium of libraries that works together to support greater access to the riches of Texas academic institutions.

Thesis & Dissertation publishing Open Source Manage submissions Publish to repository Flexible embargos Student maintains copyright Local institutional control

Data Management Photo by Stan Leary. University of Georgia: Griffin Campus: Research. CC BY-NC Goals: –ensure compliance with federal funding agency requirements –promote the reuse of results sets by researchers across disciplines Goals: –ensure compliance with federal funding agency requirements –promote the reuse of results sets by researchers across disciplines

The Trouble With Rights Statements From An Aggregator’s Point of View CNI 8-9 Dec 2014 Emily

Statement of Problem There is currently no way to express all of our Digital Object Rights Statements in a standardized way. As a result, our digital repositories often use boilerplate text and/or statements that are not actionable in any way. Wide variety of statements makes re/use unclear for end user. In an aggregation, this is even more unclear. Currently there are over 87,000 unique Rights Statements found in the DPLA aggregation of 8.4 Million records (see visualization next slide)

DPLA Rights Statements Visualization by Dean Farrell (

Further DPLA analysis Very informal analysis based on rights statements from 6 Service Hubs (~1.36 million objects)

Europeana Rights Over Time Image credit: Kennisland (CC-BY-SA 3.0)Kennisland (CC-BY-SA 3.0)

Europeana Rights Statements Public Domain Mark Out of Copyright: Non-commercial Reuse * Free access - no reuse ^ Paid access - no reuse ^ Orphan work (EU) * Unknown ^ Creative Commons CC0 Creative Commons - Attribution (CC-BY) Creative Commons - Attribution, ShareAlike (BY-SA) Creative Commons - Attribution, No Derivatives (BY-ND) Creative Commons - Attribution, Non-Commercial (BY-NC) Creative Commons - Attribution, Non-Commercial, ShareAlike (BY- NC-SA) Creative Commons - Attribution, Non-Commercial, No Derivatives (BY-NC-ND)

A Way Forward Image credit: The John S. and James L. Knight Foundation

Paul Keller (co-chair, Kennisland) Marie-Claire Dangerfield (Europeana) Julia Fallon (Europeana) Ranu Gayadin (Europeana) Lucie Guibault (Inst. for Information Law) Antoine Isaac (Europeana) Lyubomir Kamenov (Europeana) Patrick Peiffer (B.N. Luxembourg) Joris Pekel (Europeana) Henning Scholz (Europeana) Maarten Zeinstra (Kennisland) Emily Gore (co-chair, DPLA) Greg Cram (New York Public Library) Karen Estlund (University of Oregon) Dave Hansen (University of North Carolina) Matt Lee (Creative Commons) Melissa Levine (University of Michigan) Mark Matienzo (DPLA) Diane Peters (Creative Commons) Amy Rudersdorf (DPLA) Richard Urban (Florida State University) Working Group Contributors

Subgroups Rights Statements Rights Statements - creating categories & text for rights statements, building off of Europeana’s work Governance - exploring options for sustaining, updating statements, including being open for other national CH aggregators to join the effort Technology - developing requirements for the infrastructure and data model of rights statements developed as part of this framework, including the ability to provide dereferenceable linked data representations of the statements, and support for multilingual expressions of the text of rights statements.

What You Can Do Comment on forthcoming white papers from each subgroup, to be released in early 2015 Once the framework is established, work with your digital collections and/or those of your partners to implement DPLA’s plan for implementation will utilize Hubs Network to train the current 1,300+ DPLA contributing institutions

Kevin Smith Director, Copyright and Scholarly Communication Duke University Elaine Westbrooks AUL for Research, University of Michigan Debra Hanken Kurtz Executive Director, Texas Digital Library Emily Gore Director for Content, DPLA 29