Licensed and Unlicensed Materials NISO Pre-Standards Workshop May 18-19, 2005 Professor Michael W. Carroll Villanova University School of Law and Creative Commons, Inc.

Copyright Events Any action that involves the exercise of one or more of the exclusive rights under copyright. Some copyright events are infringing Others are not Fair use Privileged Use  Section 108 (libraries)  Section 110 (classroom use)

Copyright Events The number of copyright events in the world has increased... E x p o n e n t i a l l y Every RAM copy is a “copy” Every time you browse a web site, that’s a “copy” As Howard reminds us, technology enables multiple re-uses Each one is a copyright event

Why Standards? Enable machine communication. What do want machines to communicate? Rights Content creators’ rights under © Intermediaries’ contractual rights Users’ rights? License Terms Obligations Permissions Administrative Provisions Denials?

Why Standards? Enable machine action? What actions do we want machines to take?

What Standards? Expression Language or License Terms? If only goal is to express current terms, is it worthwhile? If real goal is to standardize terms, focus on this goal

Whose Standards? All players? Libraries? Can create a standard for librarians Map licenses to the standard

Proposal Defining Requirements Collect data on “Can I.. ?” queries Use data to: Categorize Uses Categorize Users Categorize Objects Used Level of granularity is key <Use> Non-commercial use Whaaa? Leslie asks. Ambiguity – Nathan? <Use>: Place in e-Reserve Permitted Permitted w/ additional conditions Not permitted