1. Developing Licence Agreements Alastair Dunning Arts and Humanities Data Service

2. Outline of Presentation Concentrates on the digital aspect of license agreements, but traditional legal aspects must be catered forConcentrates on the digital aspect of license agreements, but traditional legal aspects must be catered for Agreeing with right-holder what will happen to the digital objectAgreeing with right-holder what will happen to the digital object Licences might also be needed if digitisation is out-sourcedLicences might also be needed if digitisation is out-sourced

3. Developing Licence Agreements Needn’t be long; must be precise …Needn’t be long; must be precise … … but flexible enough to deal with technical evolution and future project planning… but flexible enough to deal with technical evolution and future project planning Sample models in existence, but will need to be tailoredSample models in existence, but will need to be tailored Try and exploit institutional helpTry and exploit institutional help Licence(s) must identify all rights holdersLicence(s) must identify all rights holders Clarify who holds the digital rightsClarify who holds the digital rights

4. Break Down the Digital Chain Converting material to digital formConverting material to digital form Putting the material on a networkPutting the material on a network Creating relevant metadataCreating relevant metadata Long-term preservationLong-term preservation Using the material in publicityUsing the material in publicity Various issues filter into this chain – some will relate to your project more than othersVarious issues filter into this chain – some will relate to your project more than others

5. Editing Digital material can easily be editedDigital material can easily be edited Photos can be cropped, re-touched, re-colouredPhotos can be cropped, re-touched, re-coloured Transcription policies for textTranscription policies for text Movies and sound can be also be edited and re- masteredMovies and sound can be also be edited and re- mastered Close definition difficult but needs to be addressedClose definition difficult but needs to be addressed

6. Resolution, Formats Resolution often used as protectionResolution often used as protection Dots per inch by itself is meaninglessDots per inch by itself is meaningless Declaration of what formats will be used, and whether the material will be presented in multiple formats, resolutions etc.Declaration of what formats will be used, and whether the material will be presented in multiple formats, resolutions etc. Thumbnails, zoom capabilitiesThumbnails, zoom capabilities Frames from films etc.Frames from films etc.

7. Protection Will anything be used to protect the objects?Will anything be used to protect the objects? Statement of potential users and usagesStatement of potential users and usages Resolution is one optionResolution is one option Often combined with watermarkingOften combined with watermarking How effective is watermarking?How effective is watermarking? Password-control, registrationPassword-control, registration Expensive to implement?Expensive to implement? Downloading or streaming time-based mediaDownloading or streaming time-based media

8. Long-term Preservation What formats will be required to maintain the digital objects?What formats will be required to maintain the digital objects? Will they need to be deposited outside your institution?Will they need to be deposited outside your institution?

9. Other Vital Issues Exclusive or non-exclusive licenceExclusive or non-exclusive licence In perpetuity, or for a stated timescaleIn perpetuity, or for a stated timescale Displaying copyright noticeDisplaying copyright notice Providing definitions of technical terms and acronymsProviding definitions of technical terms and acronyms Particularly important if you want to financially exploit the digital collectionParticularly important if you want to financially exploit the digital collection

10. Negotiation and Diplomacy Rights holder suspicious of contracts and InternetRights holder suspicious of contracts and Internet Will the work be devalued, exploited, edited?Will the work be devalued, exploited, edited? Suspicion of legaleseSuspicion of legalese  Need to negotiate and demonstrate professionalism Many surprised by approachMany surprised by approach Expectation of financial rewardExpectation of financial reward Owners can often expect income as wellOwners can often expect income as well

11. Sample Licences VADS Fine Art ProjectVADS Fine Art Project http://vads.ahds.ac.uk/fineart/feasibility.html A Guide to Copyright for Museums and Galleries (Wienand, Booy, Fry)A Guide to Copyright for Museums and Galleries (Wienand, Booy, Fry) Copyright for Archivists (Padfield)Copyright for Archivists (Padfield) Check for copyright of these!Check for copyright of these!

12. In Summary Consult legal experts to cover basesConsult legal experts to cover bases Think of each step in digitisation chainThink of each step in digitisation chain Be aware of future as well as present plansBe aware of future as well as present plans Act with tact in approaching copyright holdersAct with tact in approaching copyright holders