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Electronic Resource Electronic Resource Management: copyright and Management: copyright and

licensing contextlicensing context

Dr. Alicia Wise,Dr. Alicia Wise,Publishers Licensing SocietyPublishers Licensing Society

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About PLSAbout PLS

Not-for-profitNot-for-profit Owned by the UK publishing industryOwned by the UK publishing industry Administer a limited range of rightsAdminister a limited range of rights 8,000 publishers of all kinds, sizes8,000 publishers of all kinds, sizes Innovative practice at the intersection Innovative practice at the intersection

of copyright and digital technologyof copyright and digital technology

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Legal ContextLegal Context

Copyright LawCopyright Law Historical overviewHistorical overview TerritorialTerritorial InterpretationInterpretation International treaties: exceptions, 3-step International treaties: exceptions, 3-step

testtest Contract Law (Anglo-Saxon)Contract Law (Anglo-Saxon) Moral rights (Francophone)Moral rights (Francophone)

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Rights pipelineRights pipeline

CustomersLibrariesConsortia

Authors

Artists

Publishers

AgentsAggregators

Employers

RROs

Co-publishers

TranslationsLarge Print

ISPs

Search engines

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The challenge…The challenge…Lack of clarity about who can use Lack of clarity about who can use

what, when, how, and even who to what, when, how, and even who to ask for answersask for answers

Publisher Site License?

Secondary License?

Fair Use?

Creative Commons?

Implied License?

Author Agreements?

Employment Contracts?

Orphan work?

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The problem, continuedThe problem, continued

What who can do with which resources, What who can do with which resources, when, and how depend upon:when, and how depend upon: An almost infinite variety of contractual terms An almost infinite variety of contractual terms

and conditions, layered one upon anotherand conditions, layered one upon another Copyright laws where the end-user is locatedCopyright laws where the end-user is located Copyright laws where an intermediary (e.g. Copyright laws where an intermediary (e.g.

library or aggregator) is locatedlibrary or aggregator) is located Copyright laws where the resource is published Copyright laws where the resource is published

and/or locatedand/or located Contract law in all of the above placesContract law in all of the above places

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Publisher perspectivePublisher perspective

Much more complicated these daysMuch more complicated these days Multiple products, platformsMultiple products, platforms Rights management required in an Rights management required in an

unprecedented way unprecedented way Some creators are more actively managing Some creators are more actively managing

rightsrights Other creators embracing open accessOther creators embracing open access Ease of copying increases risk of market Ease of copying increases risk of market

cannibalisation (piracy AND market channels) cannibalisation (piracy AND market channels)

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Possible responsesPossible responses

DespairDespair Get rid of copyright and lawyersGet rid of copyright and lawyers

Education and awarenessEducation and awareness Modify copyright legislation Modify copyright legislation (e.g. exceptions, terms, orphan works, (e.g. exceptions, terms, orphan works,

vips)vips) Standardise on a single model licenseStandardise on a single model license More collective licensing (e.g. consortial licensing, RROs)More collective licensing (e.g. consortial licensing, RROs) Agree not to use a licenseAgree not to use a license Use technology to manage the complexityUse technology to manage the complexity

Technical Protection Measures (TPMs – a type of DRM)Technical Protection Measures (TPMs – a type of DRM) Rights Management Metadata (a different type of DRM)Rights Management Metadata (a different type of DRM)

License expressionLicense expression Directories of public domain and orphan works AND signposts to rights Directories of public domain and orphan works AND signposts to rights

holdersholders

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Automation would be helpful to manage Automation would be helpful to manage rights metadata, however:rights metadata, however: Computers are good at exchanging numeric Computers are good at exchanging numeric

information, especially if it is unique and information, especially if it is unique and persistent.persistent.

Computers need us to be very specific about Computers need us to be very specific about the language we use if they are to automate the language we use if they are to automate more complex types of information about more complex types of information about rights and licences.rights and licences.

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Licence expression: some Licence expression: some practical applicationspractical applications

Academic ERMsAcademic ERMs Secondary licensingSecondary licensing Search enginesSearch engines

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Practical issues for Practical issues for publisherspublishers

Managing rights information requires newManaging rights information requires new investmentsinvestments

and coherent licensing/rights/use and coherent licensing/rights/use policiespolicies A standard, automated, approach will keep A standard, automated, approach will keep

administrative costs down for alladministrative costs down for all StandardsStandards based on those already embedded in based on those already embedded in

publishing supply chain workflows (e.g. ONIX, DOIs) publishing supply chain workflows (e.g. ONIX, DOIs) are most cost effectiveare most cost effective

Collaborative developmentCollaborative development of the standards is of the standards is essentialessential

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ConclusionsConclusions

Complexity is inherent, often Complexity is inherent, often necessary, and can be better necessary, and can be better managedmanaged

ERMs and licence expression two ERMs and licence expression two promising approachespromising approaches