1. Joint Information Systems Committee JISC and Digital Rights Management JISC/British Library Workshop 24th April 2006

2. Joint Information Systems Committee Introduction About Us Structure –FE/HE Context and Issues –Potential Solutions and Current Work –Model Licences Questions / Discussion

3. Joint Information Systems Committee Diversity of content JISC is interested in content that is … used by staff in FE and HE institutions produced by staff in FE and HE institutions produced by students in FE and HE institutions produced by JISC funded projects provided by commercial sector via JISC Collections in all media types and file formats held in libraries, Virtual Learning Environments, websites, repositories …

4. Joint Information Systems Committee Issues to Consider Ownership Many institutions employ teaching staff on contracts that state the employer owns content created in the course of employment, but there is a common misconception that the academic holds their own copyright over their content Academic/Teacher Created Content The increased visibility of content created or aggregated by teaching staff requires improved practices of third party copyright clearance and attribution within “home-grown” digital materials Cautious Approach to DRM Diversity and complexity of licensing arrangements ‘force’ librarians to adopt a cautious approach to encouraging and providing use of electronic resources

5. Joint Information Systems Committee JISC DRM Study HEI and FEI staff are often unaware of rights ownership issues, or are put off by their apparent complexity Further confusion is generated by the large variety of licences, with differing terms and conditions, that are applied to different works and there was a need for a more harmonised approach to licence terms and conditions There was potential for the use of Digital Rights Expression Languages (DRELS) to be used describe permitted uses, rights holders etc in a fashion which would simplify or automate a significant proportion of the rights management process for users of works Methods for ensuring the effective and consistent transfer of rights information attached to works were not yet in place, and significant work remained to be carried out, in particular in the area of globally unique identifiers If users are to make effective use of rights management information, including permitted uses, then such information will have to be provided to them in a clear and readily comprehensible way, for example the use of symbols. If a DRM system is to work, then rightholders must, if necessary, be in legal position to enforce the rights, both via technical means, and via the law. However, both access management and enforcement methods should be designed in such a way as to provide minimum obstruction to legitimate uses, including archiving and preservation. as summarised in “Rights in Digital Environments” Workshops

6. Joint Information Systems Committee Potential Digital Rights Solutions JISC is interested in: Advocacy and awareness Enforcement through institutional policies Digital Rights Expression Languages Presentation of rights Model Licences Licence registries Clearance processes for third party rights Access, authorisation and authentication –And more!

7. Joint Information Systems Committee JISC’s Current Work JISC is addressing legal and advocacy work on a number of ways: JISC Legal information service, a joint advocacy toolkit project with SURF Netherlands, a dedicated IPR consultancy, and encouraging projects to share approaches There is a growing interest in the open access and open content ethos, and in initiatives such as Creative Commons, so JISC has commissioned work to identify where this solution could be applied Through the integrated information environment, JISC aims to provide scaleable and sustainable solutions. Initiatives such as ODRL offer an approach, but the patent limits its potential use Shared infrastructure for curation and discovery to delivery, such as licence registries, can support the rights management process, JISC has commissioned UKOLN to investigate these requirements Work to negotiate licensing agreements for FE/HE requirements, e.g self- archiving of journal articles to institutional repositories, the right to make copies for preservation etc The use of standardised rights expressions and model licences can help the flow of content within the sector, and encourage flexible content provision, and JISC is leading the sector in this area

8. Joint Information Systems Committee JISC Model Licences JISC Model licences since mid-1990s JISC Model Licence is used with all JISC agreements Currently over 50 agreements for electronic resources and 15 e-journal agreements –Publishers and aggregators include Elsevier, OUP, Blackwells, RSC, IoP, Springer, Taylor & Francis, AAAS, Sage, Thomson Scientific, Ovid, Bureau van Dijk, ProQuest, Wiley Model licence provide STABILITY and SECURITY for both institutions and publishers

9. Joint Information Systems Committee JISC Model Licence Allows institutions, their staff and students to gain the maximum value from online resources through secure but flexible terms of use and non-restrictive DRM Allows for unlimited concurrent access by all staff and students of subscribing institutions. Allows for Walk In Users Permitted uses in teaching and education including use of material in course packs, and VLEs Provides for archival access to subscribed journal content Currently negotiating with publishers to permit deposit in JORUM and for archiving via the LOCKSS initiative JISC Model Licence is reviewed annually to take account of developments in the wider information environment, scholarly communications and licensing

10. Joint Information Systems Committee BUT… The Science and Technology Committee - 10 th Report made a number of recommendations regarding the JISC Model Licence – BUT most recommendations were already in the licence! Use of resources limited not by licence but by lack of knowledge of licence JISC Collections needs to communicate the terms of the licence in lay-terms to help institutions get best value from resources and effectively manage resource use. The Guide to the JISC Model Licence and Guide to the Model NESLi2 Licence for Journals explains the definitions, restrictions and permitted uses of electronic resources in learning and research.

11. Joint Information Systems Committee Future Challenges Already complicated to communicate DRM via model licences In future increasing need for non-standard licences –Cross-sectoral licences e.g. NHS-HE –Commercial spin offs from universities –HE in FE –Courses offered by a consortium of institutions both within UK and overseas –‘Virtual’ communities Publishers are wary of non-standard licences in such cases –Unforeseen economic consequences –Risk of ‘losing control’ of content Adoption of ERMs –Time taken to input licences –Librarians wary of interpreting licences incorrectly

12. Joint Information Systems Committee Find out more Key Information JISC Model Licences http://www.jisc.ac.uk/coll_model_licence.htmlhttp://www.jisc.ac.uk/coll_model_licence.html JISC DRM Study http://www.intrallect.com/drm-study/http://www.intrallect.com/drm-study/ Rights in Digital Environments Workshops http://www.jisc.ac.uk/events_ipr.htmlhttp://www.jisc.ac.uk/events_ipr.html JISC Legal Information Service for FE and HE http://www.jisclegal.ac.uk/http://www.jisclegal.ac.uk/ Contacts Amber Thomas, Programme Manager, Repositories, Development Group amber.thomas@jisc.ac.ukamber.thomas@jisc.ac.uk Liam Earney, Collections Manager, Services Group l.earney@jisc.ac.ukl.earney@jisc.ac.uk