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

2. The Strategic Content Alliance
New Opportunities for IPR and Licensing Excellence:
A Real World Example
Naomi Korn
SCA IPR Consultant
02 December 2018

3. Probably play the video at this point………possibly with a link to one of the video case studies to orientate the audience
02 December 2018

4. 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NB: Copyright in unpublished text based works can last until end 31st Dec 2039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)
02 December 2018

5. The Content 5 www.jisc.ac.uk/contentalliance
02 December 2018
02 December 2018
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6. 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.”
02 December 2018

7. The Strategic Content Alliance
Opportunities and Challenges: The Flow of Content
02 December 2018
02 December 2018
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8. 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)
02 December 2018

9. 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
02 December 2018

10. 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 ©
02 December 2018

11. 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
02 December 2018

12. Role of SCA IPR and Licensing Toolkit
Overview of the Issues
Practical tools and templates
Scenarios
Navigation Tools
Modelling
02 December 2018

13. 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
02 December 2018

14. 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
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15. 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%
02 December 2018

16. 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
02 December 2018

17. 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
02 December 2018

18. 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
02 December 2018

19. “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.”
02 December 2018

20. 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
02 December 2018

21. 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
02 December 2018

22. 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
02 December 2018

23. 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 Permission Form
3.10 Template Permissions Letter
02 December 2018

24. 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
02 December 2018

25. 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?
02 December 2018

26. 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
02 December 2018