1. Digital Rights Management
Copyright Status Information in Metadata

2. DRM DRM Starts with copyright ---But it doesn’t stop there
Libraries have always mediated between copyright holders and end users for broad yet appropriate use
DRM is about seamless resource access, regardless of rights status

3. DRM
Recording of copyright-related information has often not been part of cataloging/metadata creation tradition in libraries
MARC field 542 for information related to copyright status
But essential for digital projects/collections

4. DRM
Previously, Digital Rights Management (DRM) focused on security and encryption as a means of solving the issue of unauthorized copying, that is, lock the content and limit its distribution to only those who pay.
This was the first-generation of DRM, and it represented a substantial narrowing of the real and broader capabilities of DRM.
The second-generation of DRM covers the description, identification, trading, protection, monitoring and tracking of all forms of rights usages over both tangible and intangible assets including management of rights holders relationships.
Additionally, it is important to note that DRM is the "digital management of rights" and not the "management of digital rights".
That is, DRM manages all rights, not only the rights applicable to permissions over digital content.

5. Rights metadata Rights schemas with limited scope
Full blown Rights Expression Languages (REL) for managing intellectual property rights, particularly by rights owners
Rights information is not well understood
Different laws in different jurisdictions
Machine actionable vs. human understandable
Rights take different forms
legal statutes, e.g. copyright
contractual rights, e.g. licenses

6. Rights schemas with limited scope
METS Rights
Access rights for use with METS objects
Rights declarations
Rights holder
Context
CDL copyright schema
Specifically copyrights, not other intellectual property rights
Information you need to know to assess copyright status (e.g. creators, rights holders, dates, jurisdiction)

7. Rights schemas with limited scope
PREMIS Rights
Focused on rights for preservation rather than access
Revision of PREMIS data dictionary expanded this area
Allows for extensibility, i.e. inserting another rights schema
Creative commons
Allows creators to choose a license for their work
Simple rights statements that fit a lot of situations

8. Rights metadata for specific object types
PLUS for images
MPEG-21 REL for moving images, etc.
ONIX for licensing terms
Full Rights Expression Languages
XRML/MPEG 21
ODRL

9. Building a Rights Framework
Libraries and archives exist in increasingly complex digital environment
Need for enterprise-wide solution
Conceptual framework-a work-in progress (overview, context, concepts, stages)
Descriptive metadata for copyright
“In general, we are developing a rights framework within which the CDL can manage acquisition of what we call "built content" (not the stuff that we license commercially) and the stuff we will be acquiring for the digital preservation repository (including the stuff we license commercially). The framework will need to be filled out with a variety of standard tool including, for example, - licenses - data submission agreements and content schedules- implementation guidelines (for use by data creators/depositors/contributors) “Our aim is to develop a single framework that can be applied (perhaps with slightly different instantiation) to the already large and growing streams through which CDL acquires digital information. A further aim is to ensure that the framework explicitly secures for the CDL the rights it needs to manage and distribute the digital information it acquires in a manner that meets our needs, and to protect the rights of its content suppliers (no small order”)”

10. Building a Rights Framework
Provide the broadest set of services to the greatest number of users
Layered service model
Interoperability
Generalizable, scaleable solutions
Preserving cultural heritage resources

11. Private to Public Libraries and archives on both sides of issue
What do you own?
Once digitize what are rights?
Stewardship and service
Code as Control (digital work)
Orphan Works
“orphan works,” i.e., copyrighted works whose owners are difficult or even impossible to locate.
Concerns have been raised that the uncertainty surrounding ownership of such works might needlessly discourage subsequent creators and users from incorporating such works in new creative efforts or making such works available to the public

12. Digital is Different Legal issues Analog to digital requires “copy”
Reading and rending require “copy”
Posting on web require “copy” and “display”, “distribution”
Ease and ubiquity of copies
Rights change over time
Recordkeeping (documenting) rights
This would be the “where do we start” slide—it begins with the negotiation. Terms you negotiate are the terms you will end up mapping!

13. Digital is Different
“Digital copies are perfect copies of the original. For digital content, production is reproduction.”
Varian, H., Shapiro, C. (1999) Information Rules. Boston, MA: Harvard Business School Press

14. Digital is Different
“It is possible only to preserve the ability to reproduce the electronic record, rather than to preserve the electronic record ‘itself’.”
Ken Thibodeau, InterPARES Preservation Task Force

15. Need for a Solution
Digital libraries appraise, select, acquire, describe, manage, preserve and make available materials to users over time
Rights issues arise throughout processes, workflows, services from appraisal, selection, ingest, preservation and access
Acquired and built content

16. Rights Management Implementation Criteria
Indeminfiable
Manageable
Maximally Accessible
Transparent
Well Documented
Affordable
Effective

17. Why Capture and Record Rights Metadata?
To aggregate rights information obtained from multiple sources such as collection files, contracts, acquisition agreements, deeds of gift, published materials and databases, as well as curators, librarians, scholars, and users.
To reduce the time people must spend independently researching the copyright status of a work.
To identify and provide contact information for rights holder(s).

18. “Rights” and controls over access and uses of digital information
Copyright
Contracts or Licenses
Technological controls
Other “rights” and or controls including privacy, right of publicity
Many things called “rights” – at CDL, we decided to concentrate on Copyright; felt that in today’s environment and with current law, recording of data to support copyright analysis was key. Also, other working taking place around license metadata.
“Rights” –Wesley N. Hohfeld (1919) Fundamental Legal Conceptions as Applied in Judicial Reasoning
Duty (P duty Q not X)
Negative duty as well as positive requirement (rights to active assistance as well as negative freedom
Ability of power (power of individual to alter existing legal arrangements
An immunity from legal change (not only rihgt as power but also lack of power)
Ronald Dworkin—(1984) Rights as Trumps

19. Copyright
Congress has the power “to promote the Progress of Science and the useful Arts, by securing for Limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”.
The first concern copyright, the second patents.

20. Fundamental Principles of Copyright
Copyright law applies to nearly all creative and intellectual works.
Works are protected automatically, without copyright notice or registration.
Copyright protection lasts for many decades.

21. The Meaning of Copyright Ownership
Owners hold specific rights. Copyright owners do not have all rights.
Author is the copyright owner.
Employer may be the copyright owner.
Copyrights can be transferred.

22. Fair Use and Other Rights of Use
Activities within fair use are not infringements.
Fair use is one of many statutory rights to use copyrighted works.
Uses are also allowed with permission.

23. Things that can not be copyrighted
Ideas can not be copyrighted. Expressions of ideas can be copyrighted.
Facts can not be copyrighted
Databases are a grey area.
Feist vs Rural telephone said that the phonebook is not copyrightable. It does not have the creative element
database industry is pressuring for copyright
in many instances the copyright holder is not that important, but the licensing is.

24. What is copyrightable literary works musical works and their words
books, articles, software, web pages and sites
musical works and their words
drama, pantomime, choreography
pictures, graphics, sculpture
motion pictures and other audiovisual works
sound recordings
architectural works

25. Rights of copyright holders
main rights are
right to reproduce
right to distribute copies
right to prepare derivative works
right to perform or display the work publicly
the only important limit are
the concept of fair use
and section 108 that deals with libraries.
permits libraries to make copies of materials for preservation and security, to give copies to users for their private study or research, and to send copies through interlibrary loan

26. Doctrine of fair use
in the US, it is in section 107: "The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."

27. How to determine fair use
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.

28. Change in Copyright Law
Before 1986: duration based on date of copyright or creation
Prior 1989: notice required
After: duration based on life of the author
Now: life of the author plus 70 years
Why is copyright metadata “suddenly” needed? Because change in copyright law to base duration on the life of the author rather than counting from the date of copyright, means that the item itself does not contain the data you need to figure out if it is under copyright.
As originally enacted, the 1976 law prescribed that all visually perceptible published copies of a work, or published phonorecords of a sound recording, should bear a proper copyright notice. This applies to such works published before March 1, After March 1, 1989, notice of copyright on these works is optional. Adding the notice, however, is strongly encouraged and, if litigation involving the copyright occurs, certain advantages exist for publishing a work with notice.
Prior to March 1, 1989, the requirement for the notice applied equally whether the work was published in the United States or elsewhere by authority of the copyright owner. Compliance with the statutory notice requirements was the responsibility of the copyright owner. Unauthorized publication without the copyright notice, or with a defective notice, does not affect the validity of the copyright in the work.

29. “a big mistake, but one that Congress can make”
Marybeth Peters, Register of Copyrights, on the latest extension to the copyright term
This change in copyright law, plus the extension of the term, may have been terrible mistakes, but we are stuck with it.

31. Public Domain
Published in the U.S. before 1978 with No Copyright Notice = PUBLIC DOMAIN
Published in the U.S. before 1964 without Renewal =PUBLIC DOMAIN
Rule of Thumb: Sail the Ocean Blue through 1922
Rocks at the Edges
Don't Use Newer Versions of Expired Works
Don't Use Trademarks: Like Diamonds, Trademarks Last Forever
Special Concerns about Digitizing Foreign Works

32. Section 108
SECTION 108 allows libraries and archives to digitize works in the last twenty years of their copyright term.
Section 108 has additional exceptions for preservation, security and replacement.
These latter provisions allow for digitization, but you can't put the copies on the web. They must stay in the library.

33. Fair Use
Courts determine whether or not a use is a Fair Use on a case by case basis.
We don't know whether a library digitization project (or a particular item) is Fair until one of us gets sued and wins (or loses, but then at least we'll have some guidance).

34. Get Permission
The good news is that getting PERMISSION gives you a green light to go ahead without reservation.
The bad news, is it's really, really hard to locate the rights' holders because they're likely dead and gone, and you are tracking down probate records and heirs
Might take a fresh look at FAIR USE

35. Why would libraries and users benefit from copyright metadata schema now?
Copyright controls “copying” and “copies” of creative expression
Every use in digital environment creates a “copy”
Every use potentially implicated or controlled by copyright
Libraries throughout time mission provide long-term access and use of collections
Copyright metadata schema designed to support use and uses of digital information
In the digital environment, ever act of access or viewing is a “copyright event” (terminology of Michael Carroll of Creative Commons), so copyright has become even more important than ever.

36. “Save the time of the reader”
Goal:
“Save the time of the reader”
S R Ranganathan
5 Laws of Library Science
1931
Our main purpose is to provide an important service to the user who wishes to make use of an item obtained from the library.

37. Hompa Hongwanji Buddhist Temple

38. For educational use only. Users may print copies for individual use
For educational use only. Users may print copies for individual use. Not to be reproduced for other purposes without permission. For other uses contact ABC Archive.
We often see notices along with digital works that say something like this:
If the item is covered by copyright law and not a license , well, it’s covered by copyright law. And the library is often making restrictions or giving permissions that it has absolutely no right to make or give. In part, this is done to help the user; to let the user know what is and isn’t allowed. But this practice is somewhat dubious, and the information given to users may be incorrect.
ABC Online archive

39. Copyright status is not static
Circumstantial
Depends on user and uses
Changes over time
Assessment needs to be made for each use
In addition, no single statement can be true for all uses and all users.

40. Copyright Clearance
Copyright is an automatically assigned right. It is therefore likely that the majority of works in a digital collection will be covered by copyright, unless explicitly stated. The copyright clearance process requires the digitizer to check the copyright status of:
Published, unpublished and Web site articles
Photographs and illustrations
Dynamic media (sound, video)
Software components
Database usage

41. Copyright Clearance
Am I using unaccredited copyrighted material produced by others? - Published work that contains unaccredited material infringe upon the intellectual property of others. The results of such discovery will vary: the unaccredited author may request they are credited or a correction is published; the author may request their work is removed; or they make take legal action against the author. To avoid such issues, document all research made during investigation.

42. Copyright Clearance
Copyright clearance should be established at the beginning of a project. If clearance is denied after the work has been included in the collection, it will require additional effort to remove it and may result in legal action from the author
Maintain a negotiation log - A log will document all meetings, outlining subjects of discussion, objections and agreements by either party. This will enable the organization to refer to the relevant section to establish they have gained copyright clearance and refer to a detailed description of the meetings that took place.

43. Copyright Clearance
Identify who the author is and when it was produced - Current copyright law indicates the author's lifespan plus 70 years as the limit for copyright. Therefore it is possible that a collection may consist of works that are outside current copyright laws (such as the entire works of Shakespeare, Conan Doyle, etc.). If the author is still alive, they must be contacted to gain permission to use their work.

44. Copyright Clearance
Establish long-term access rights - Internet content may appear in a site archive for several years after it was published. When meeting the author, establish any time factors in use of their work, indicating the length of time that work can be used. If the goal of the project is to enable long-term preservation of work, persuade the individual/s to allow the repository to host work indefinitely and translate it to modern formats when required.
In the event that an author, or authors, is unobtainable, the project is required to demonstrate they have taken steps to contact them

45. Three common reactions when the issue of rights metadata arises:
"It's too complicated and overwhelming."
"We don't have the staff or the money."
"It's not the library's [or archive's, or museum's] job; it's up to users to figure out rights information if they want to publish something from our collections

46. The Reality
Institutions are already spending staff time and money on rights research.
Capturing rights metadata in a shared information system as a routine, programmatic activity with structured data rules and values and an established work flow should not cost any more than ad hoc rights research, and it will provide longer-lasting benefits
In a world where "if it's not digital, it doesn't exist," libraries, archives, and museums have new roles with respect to their users, as well as the creators and authors of the works in their collections.

47. The Reality
Cultural heritage institutions need rights information for their own uses of the works in their collections.
Rights metadata is not just about compliance with intellectual property laws; it is also about being responsible stewards of the works in our collections and the digital surrogates of those works that we create—and in a digital world
It is crucial to a memory institution's broader mission of collection, preservation, and access.

48. Core Information
Name of creator of work or image, including nationality, date of birth, date of death. Ideally obtained from authority file
Year work was created. May not be the publication date. If two dates exist, identify separately.

49. Core Information Copyright status Copyright owned by the institution
Copyright owned by third party
Public domain
Orphan work
Not researched

50. Core Information Publication status
Published
Unpublished
Unknown
Not researched
Date that rights research was conducted

51. Copyright
Knowing the birth and death dates of the creator, or the year(s) in which the work was created and published, will allow for quick calculations about the copyright term of the work
Unpublished works tend to have longer copyright terms than published works
Standard for fair use of unpublished works is usually higher than for published materials
For works published in the U.S. between 1923 and 1963, renewal of the copyright registration was required

52. Copyright
Creation date may determine when the copyright terms begins and ends
Identify orphan works as such
Prior to 1978, the law required that a copyright notice be affixed to published works

53. Rights Metadata
Any rights metadata effort should be viewed as dynamic and ongoing.
New information may come from various sources: a user, a curator, a librarian, or even the creator of the work.
Rights information needs to be updated and augmented, and additional information will need to be captured for works with more complicated rights situations, such as audiovisual materials.
It is important that staff tasked with inputting rights metadata be identified to all those involved in cataloging and digitization efforts so that when new rights information is discovered, it can be input into the institutional database.

54. What are the metadata elements that can support the copyright status of the item?
So we began to wonder: what are the data elements that define copyright status? And how can the owning institution help this poor user?

55. We looked at the excellent chart by Peter Hirtle that helps people, in an almost algorithmic manner, determine the copyright status of an item that they have in hand. From this, we extrapolated key data elements that would help someone make this assessment. Not in all of the detail that Peter includes, but most of it.
Point out:
“Life of author” i.e. when author died
“Published vs unpublished works”
“with and without copyright notice”

56.
Next, we had a look at the excellent work of Mary Minow, who walks us through a similar situation of trying to learn what is the copyright status of a work that we wish to digitize.
Point out:
“published vs unpublished”
“with and without copyright notice”
“foreign works”

57. Available Metadata Formats
MODS
METSrights
Dublin Core
MARC21
We also looked at existing metadata schemes to see what they provided for copyright metadata. Each had some elements, but no one scheme has all of the data elements.
“The usual suspects”

58. Data Elements Creator(s) Rights holder(s) Publishing information
Creation information
We decided that the key data elements would be: who is/are the creator(s), who is the rights holder; if the item is published, when and where was it published; if the item is not published, when and where was it created? And finally we wanted to provided information on what services are available to the user.
Services

59. Our schema is very simple, and has these elements:

60. Publishing Information
Published/unpublished?
Publisher name
Publisher contact information
Date of publication
Country of creation or publication
For the publisher and creation info...

63. Creator(s) Creator name Personal creator death date
Personal or corporate?
Personal creator death date

64. Rights Holder(s) Rights holder name
Rights holder contact (holder or agent)
Rights statements from work

66. Services Contact
Contact information
Notes

67. Dealing with Unknowns Information is unknown
E.g. photo with no information about photographer, location, date
Information is not provided in metadata
E.g. archive was unable to examine each piece
Information exists but is not for public display
“Contact archive for more information”
User service value – is it worth going back to the archive to obtain more information? The “contact archive” method is quite costly to users, and often does not result in more information. Need to know if archive has provided all that they have.

68. Dealing with Uncertainty
Date is…
Exact
Approximate
Unknown
attribute: "year.type"
enumeration: "exact"
enumeration: "approximate"
enumeration: "unknown"
We haven’t determined how best to represent this. It may be covered adequately by the descriptive rules, but we all agree it’s important to know.

69. What’s required? <copyright copyright.status= publication.status=
"copyrighted"
"pd"
"unknown"
"published"
"unpublished"
"unknown" />
/>
/>

72. copyrightMD Schema

73. Creative Commons
Creative Commons is a particularly popular licensing model available to all creative works.
It is therefore usual to find it applied to Web sites, scholarship, music, film, photography and literature that are not traditionally covered by similar distribution schemes.
Creative Commons (CC) refers to a movement started in 2001 by US lawyer Lawrence Lessig that aims to expand the collection of creative work available for others to build upon and share

74. Creative Commons
The Creative Commons model makes a distinction between the big C (Copyright) meaning All Rights Reserved and CC meaning Some Rights Reserved.
It does so by offering copyright holders licenses to assign to their work, which will clarify the conditions of use and avoid many of the problems current copyright laws pose when attempting to share information.

75. Creative Commons
Creators choose a set of conditions they wish to apply to their work.
Attribution. You let others copy, distribute, display, and perform your copyrighted work — and derivative works based upon it — but only if they give credit the way you request.
Noncommercial. You let others copy, distribute, display, and perform your work — and derivative works based upon it — but for noncommercial purposes only.
No Derivative Works. You let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it.
Share Alike. You allow others to distribute derivative works only under a license identical to the license that governs your work.