Uncork Your Licenses!


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How ONIX-PL Can Help License Data Flow
Todd Carpenter, NISO; Selden Durgom Lamoureux, SDLinforms; and Ashley Bass, ProQuest
Presented at Charleston Conference 2013

Published in: Education, Technology
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  • If it wasn’t important why would Intuit have its team of lawyers writing up 12 screen shots worth of text. I guarantee that they’ve spent hours pouring over these terms and conditions. Of course, we as users are given the choice, accept them or to put in the semi-kind British way: “bugger off”
  • In 1997, there was fairly advanced thinking on license expression and interchange. During a 1997 presentation to CLIR, John Erickson, at the time Vice President for Rights Technologies, Yankee Rights Management, currently at HP and a member of NISO’s Board gave a presentation. During that presentation, he showed the following image:
  • 23 terms. There are more than 200 other data points related to contracts that the ERMI group identified and described.
    However, what is the balance between what is necessary to conduct business and what is nice to have, and what is superfluous? That is something only the library can address, based on the individual institution and the importance of those terms to the institution.
  • Difference between a rights expression language (REL) and ONIX-PL - A rights expression language is machine-actionable and must use very precise language and can therefore nearly guarantee compliance with the terms of the machine-readable license. A REL cannot, however, support social or legal concepts like "fair use.” because these ideas are generally open to interpretation. ONIX-PL is a syntax for making the license machine-readable, a first step in control, but ONIX-PL stops short of taking that next step. Four examples of RELs are: Creative Commons, METS Rights, Open Digital Rights Language (ODRL), & MPEG- 21, Part 5 (MPEG-21/5)
  • On paper, every license format is different
    Once mapped in ONIX-PL, it will be quicker and easier to identify key terms subject to negotiation and make any necessary changes
    Librarians fear they may lose control of the interpretation of the license. -- NOT A CONCERN!!!
  • Uncork Your Licenses!

    1. 1. Uncork Your Licenses! How ONIX-PL Can Help License Data Flow Todd Carpenter NISO Selden Durgom Lamoureux SDLinforms Ashley Bass ProQuest November 8, 2013 Charleston Conference 1
    2. 2. What do you get when you cross a license and XML? Answer: ONIX-PL Todd Carpenter Executive Director National Information Standards Organization (NISO) November 8, 2013 Charleston Conference 2
    3. 3. National Information Standards Organization Non-profit industry association accredited by ANSI Mission of developing and maintaining technical standards related to information, documentation, discovery and distribution of published materials and media Represent US interests in information and documentation to the International Organization of Standardization (ISO) 70 Voting Members, 108 LSA members as of 2013 25% libraries and library organizations 35% publishers and publishing organizations 40% library systems suppliers and other intermediaries Staff: 4 professional full-time Volunteers: 400+ spread out across the world November 8, 2013 Charleston Conference 3
    4. 4. Licenses are everywhere now November 8, 2013 Charleston Conference 4
    5. 5. Little wonder why we don’t read licenses November 8, 2013 Charleston Conference 5
    6. 6. Massive Investment Libraries and publishers invest a tremendous amount of time and energy negotiating license terms November 8, 2013 Charleston Conference 6
    7. 7. Worthwhile investment? Where do these documents end up after they are signed? November 8, 2013 Charleston Conference 7
    8. 8. 1997: Early days of licensing Source: http://www.clir.org/pubs/img/pub79fig3.gif November 8, 2013 Charleston Conference 8
    9. 9. DLF ERMI Workflows 2002-06 Differences between print and electronic workflow As described in initial ERMI report Source: http://www.diglib.org/pubs/dlf102/d November 8, 2013 Charleston Conference 9
    10. 10. E-Resources Management Initiative (ERMI) Areas for exploration and development recommended in ERMI reports: – Management systems (Now ERMs) – Management of usage data (SUSHI) – Define license terminology (ERMI data dictionary) – Training community on how to encode license – Exchange of terms (LEWG - ONIX-PL) – Cost-per-use calculation data (CORE) November 8, 2013 Charleston Conference 10
    11. 11. ERMI Terms of Use Fields • • • • • • • • • • • • • Authorized User Definition Local Authorized User Definition Indicator Fair Use Clause Indicator All Rights Reserved Indicator Database Protection Override Clause Indicator Citation Requirement Detail Digitally Copy Print Copy Scholarly Sharing Distance Education Interlibrary Loan Print or Fax Interlibrary Loan Secure Electronic Transmission Interlibrary Loan Electronic November 8, 2013 • • • • • • • • Course Reserve Print Course Reserve Electronic/ Cached Copy Electronic Link Course Pack Print Course Pack Electronic Remote Access Concurrent Users Pooled Concurrent Users • Other Use Restriction Note Charleston Conference 11
    12. 12. ERMI Permission Encoding • • • • • • Permitted (explicit) Prohibited (explicit) Permitted (interpreted) Prohibited (interpreted) Silent (no interpretation) Not applicable November 8, 2013 Charleston Conference 12
    13. 13. License Interpretation LICENSE AGREEMENT Can the library use the resource to fulfill Interlibrary Loan requests? LICENSE AGREEMENT …. ? LICENSE AGREEMENT 1. License: i) blah blah… !!?! LICENSE AGREEMENT ii) …you will not re-distribute the materials retrieved from 1) blah libraries the products to otherblah blah blah blah blah or third parties… blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah blah Notwithstanding the above blah blah blah blah blah … blah blah blah….. 5.2.3. Blah. blah blah blah. . . …. 4. PROHIBITED USES. v) 5.2.4. Interlibrary Loan. Licensee may not: restrictions, this license shall Institution may not use 2) blah blah blah blah blah blah a) blah blah… not restrict your rights toblah blah blah blah blah blah use Electronic Titles for blah blah… of the materials under the purpose of interlibrary sell, supply or b) loans. otherwise distribute copyright law of the United States and the doctrine of 5.2.4. More Blah. blah blah blah. data retrieved from the “fair Licensed Resource to use.” third parties; Slide courtesy of Nathan Robertson, U. Maryland Law Library November 8, 2013 c) blah blah blah…. Charleston Conference 13
    14. 14. Benefits of License Encoding and Expression • Encoding licenses, storing and sharing them in an electronic format could allow: – Increased awareness of the terms – Easier to share terms with users – Improved compliance with terms – Clarity (if desired) about what is in a license – Better, faster, and easier negotiation based on clearer understandings (perhaps) November 8, 2013 Charleston Conference 14
    15. 15. What is ONIX? ONIX is an acronym for ONline Information eXchange Suite of XML Schemas for representing publishing industry product information ONIX - Books; ONIX - Serials; ONIX - RRO; ONIX - PL Maintained by EDItEUR jointly with Book Industry Communication (UK) & the Book Industry Study Group User groups in Australia, Canada, France, Germany, Italy, the Netherlands, Norway, Spain and the Republic of Korea November 8, 2013 Charleston Conference 15
    16. 16. What is ONIX-PL? November 8, 2013 Charleston Conference 16
    17. 17. What is ONIX-PL, really? • A structure for making the content of a license machine-readable • An XML format • A tool to make license terms and conditions more accessible • Extensible so additional terms can be added to dictionary in the future November 8, 2013 Charleston Conference 17
    18. 18. What ONIX-PL is not • ONIX-PL is not a Rights Expression Language • It is not designed to prevent/enable access to a piece of digital content • While it can express the content of a license, it is not a license • A complete ONIX-PL record isn’t required • OPEN to interpretation November 8, 2013 Charleston Conference 18
    19. 19. How could one use ONIX-PL? • Eliminate mapping and manual entry of license terms into an ERM • Improve user interface for easily accessing terms • Potential to simplify the process of license negotiation • Improve storage, sharing, public display • Audit copy preservation November 8, 2013 Charleston Conference 19
    20. 20. NISO ONIX-PL Encoding Initiative • Funded by the generous support of the Andrew W. Mellon Foundation • Grant begun in February, 2013 • 13-month project – Gather and encode up to 50 licenses – Deposit encodings in public repositories – Provide training on how to use them November 8, 2013 Charleston Conference 20
    21. 21. NISO ONIX-PL Encoding Initiative • Rationale: – If we can seed the community with template licenses by undertaking the vast majority of the core work, can we jump-start adoption? Every negotiation starts with a template and then tweaks them from there. – Can’t we start with template encodings and tweak them? November 8, 2013 Charleston Conference 21
    22. 22. ONIX-PL Encoding Initiative: Why? • ONIX-PL Languishing in a Catch-22 situation – No one to hear from, no one to call to • Success of the KB+ encodings of the JISC specific licenses for JISC members, but limits • Availability of open repositories for these data • Agreement by publishers to allow encodings of templates November 8, 2013 Charleston Conference 22
    23. 23. Thank you! Todd Carpenter, Executive Director tcarpenter@niso.org National Information Standards Organization 3600 Clipper Mill Road, Suite 302 Baltimore, MD 21211 USA +1 (301) 654-2512 Fax: +1 (410) 685-5278 www.niso.org November 8, 2013 Charleston Conference 23