Licensing Digital Content Negotiation Interpretation Application.

Licensing Digital Content

NegotiationInterpretation

Application

Licensing Digital Content

Agenda

• Questionnaire, Part 1: the basics;What is the date of signing? Who are the signatories? What is the duration of the license?What is the cost of the license?– Discussion: statutory law & contracts;

• Questionnaire, Part 2: core license details;What does the purchaser get? What is actually received in the license? Who can do what

under the license?– Discussion: licenses, Copyright Act

• Questions, wrap-up

Licensing Digital Content Sample Licenses:

1. A.C. Transactional- Access Copyright Transactional License - single use of scanned copyrighted material in an E-Reserve service;

2. Emerald Consortial - E Journals- OCUL Consortial License for Emerald Group Publishing for e-journal suite

3. Naxos – Music Library- NAXOS online library of musical holdings, user license with Kawartha Pine

Ridge District School Board

Licensing Digital Content

A.C. Transactional:

University of Windsor and The Canadian Copyright Licensing Agency (“Access Copyright”)

Emerald: Emerald Group Publishing Ltd. and Gwendolyn Ebbett on behalf of the Ontario Council of University Libraries (OCUL)

Naxos: Naxos Online Libraries and the Kawartha Pine Ridge District School Board

Q.1 Who are the signatories to the license?

A.C. Transactional: Start date / Request date: January 5, 2010

Emerald: no date given – Date will be inserted when the license is signed.

Naxos: Date of Agreement given as August 25, 2008. No signature, no date of signing. What is the effective date?

Q.2. Identify the date of signing

A.C. Transactional: 12 months from start date – January 5, 2010

Emerald: January 1, 2004 – December 31, 2006

Naxos: from date of signature until termination by either party with due notice

Q.3 Identify the duration of the license

A.C. Transactional: $184.75

Emerald:2004 – US $131,7472005 – US $138,3342006 – US $145,251

Naxos: $4,000

Q.4 Identify the cost of the license

Rights Holder rights

Section 3 Copyright in Works• to produce • to reproduce• to publish• to perform in public• to translate • to convert between dramatic and non-dramatic • to make a sound recording or film • to reproduce, adapt or publicly present as a film• to communicate to the public by telecommunication• to present at a public exhibition • to reproduce or rent out a computer program or song recording

User rights

Statutory Rights (exceptions)

Contractual/Licensed Rights(purchased rights)

public only for the specific parties identified

permanent only for the specific period identified

free always for a fee

Licensing digital content: negotiations

• Who can have access to licensed material?• Who can have ‘remote’ access from off-campus?• How will remote users be authenticated?• Is there a limit to the number of concurrent users?• How can the licensed material be used by authorized users, including the library?

View, reproduce, store, save, search, browse, retrieve, display, download, print, link?

Email, fax, cache, back-up copies? Print course packs? Learning Management Systems? Interlibrary Loan?

Electronic Reserves?• What happens to the library’s access to the materials when the license expires?• Can the library load the materials onto a local server?

A.C. Transactional:

a.the right to make a digital copy of the works.b.the right to post materials on secure network c.the right to make the digital copy available for use by 13 licensed users for 1 year.

Emerald :

a. the right to give Authorized Users online access … for the purposes of research, teaching and private study;

b. the right to host the licensed materials on OCUL server;c. the right to retain ownership of content published during the

term of the license, and continue to provide access from the OCUL server

NAXOS

a. the right to give internal & external access to authorized users on the school boards intranet – i.e. “current” members

b. the right to have access to the recordings in databasec. the right to print texts for research and educational purposes

Q.5 What does the purchaser get?

A.C. Transactional:

a. digital copies of two readings b. for use by licensed users onlyc. for 1 year only (after which the copy must be destroyed)d. each of the 13 licensed users may make a print copy.

Emerald:

a. access to electronic journals for the duration of the license; b. local hosting of journals for duration of the license; c. local ownership of content published during the term of the

license.d. indemnity against charges of infringement

Naxos:a. access to the Service;b. reasonable levels of technical support;c. access to website ,content and streaming audio;d. data, recordings, graphics, art works, button icons, etc.

Q.6 What is actually received in the license? (i.e. the ‘product’)

A.C. Transactional:

Licensee • can make a digital copy of the work(s) • can post digital copy on secure server for 12 months

Users• can access digital copy on secure server• can each print a copy of the reading(s)

•Access Copyright• can request access to secure network for auditing purposes

Q.7 Who can do what under the license?

Emerald:

Licensee can• make back-up copies;• allow users to make up to 25 copies of a single article for research or teaching;• deliver an e-article online for print output only, delete after use• use an e-article in printed course pack• use an e-article in e-reserves, delete after use

Users can• search, view, retrieve, display, save, and print off parts of licensed material for personal use; • Distribute single copies to other authorized users in print or electronic form

Q.7 Who can do what under the license?

Naxos:

a. Authorized Users can have internal & external access to service;b. Users can use materials in database in compliance with Fair Use and

Fair Dealing provisions for educational, research and other non-commercial uses.

c. Can authorized users “link”?d. Users may print texts for research and educational purposes

Q.7 Who can do what under the license?

Final Question

If the purchaser had not negotiated and purchased the license, what could be done

under the Copyright Act?