1. Rights Metadata for Digital Collections Peter Hirtle Metadata Working Group 31 March 2006

2. Why Rights Metadata? Helps with management Aids users Protects Cornell

3. 3 Aspects of Digital Rights Metadata Status of the original item –How can you digitize it? Information for users –What copyright allows –What the repository is willing to license Rights in the metadata?

4. Management data in digitization Public domain –Federal work? –Pre-1923 US work? –Non-renewed work? http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm

5. Permission not needed? Unpublished work digitized for preservation Published work digitized as a replacement copy –Record information on the search for an unused replacement TEACH Act digitization Each of these has specific limits on access

6. Fair use? 504(c)(2) safe harbor when library staff “had reasonable grounds for believing that his or her use of the copyrighted work was a fair use.” Need to document the fair use assessment Where to record it?

7. Orphan Work? New legislation will likely require a reasonable search for an owner How and where to record search information?

8. Permission Contact information for the rights holder What does your license permit? Not just a digital problem…

10. Is it … African American Lives (DVD) for $34.95? “may be viewed only in a home or in a face-to- face classroom situation as part of a systematic educational program.”

11. Or is it … African American Lives (DVD) for $64.95? –From PBS Education “may be shown in a classroom, screened by a public group that is not charged for the viewing, or transmitted on a closed- circuit system within a building or single campus.”

12. Information for users Who currently owns the copyrights –Copyright Office isn’t doing this When they will expire What additional obligations the institution may impose –As owner of the physical item (separate from copyright)

13. How is this information expressed today? “Terms and conditions” for a site –Example: Guidelines for Using Text and Images from Cornell Digital Library Collections

15. How is this information expressed today? “Terms and conditions” for a site General statement on copyright status –Examples: Library of Congress, Kheel Center –Note: informs and protects

16. From the “Prosperity and Thrift” web site, http://memory.loc.gov/ammem/coolhtml/ccres.html

18. “Terms and conditions” for a site General statement on copyright status Sometimes, item information –Example: KMODDL –Note: no statement on original copyright, collection permissions How is this information expressed today?

21. Possible standard solutions OAI Rights: http://www.openarchives.org/OAI/2.0/ guidelines-rights.htm http://www.openarchives.org/OAI/2.0/ guidelines-rights.htm –Focuses on rights in the metadata METSRights: draft METS rights declaration schema http://www.loc.gov/standards/mets/new s080503.html –Simple rights declaration statement

22. Publisher standards Examples: –ODRL, MPEG-21 (using xRML) –ERMI –DLF/EDItEUR/NISO/PLS working group on rights expression languages Focus is on license terms, not copyright

23. Creative Commons Standardized way of expressing rights Based on copyright ownership

24. User-focused approaches Proponents: –Karen Coyle in Oct 2005 First Monday –Elizabeth Townsend Gard (lawyer) Argument: provide users with all the information they need to use a work with that work Downside: Another 20 metadata elements, libraries interpret ownership

25. Conclusions Tracking copyright status is important Part of a larger problem Standards are emerging