The Traditional Licensing Model

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Joy Kirchner's portion of the IP and Creative COmmons Workshop, UBC --June 7, 2007

Joy Kirchner's portion of the IP and Creative COmmons Workshop, UBC --June 7, 2007

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  • 1. The Traditional Licensing Model …. Joy Kirchner June 7 2007, TAG/eLearning Institute Workshop
  • 2. The Traditional Licensing Model:
    • Licensing,
    • Access Permissions & Digital Rights,
    • Challenging the traditional model
    • Opening access to scholarship & research
  • 3. Licensing
    • Began with shrink-wrap licenses for computer software & CD-Rom’s.
    • Notion of licensing the user to copy and use the software not ownership of the software.
    • 1990’s- Emergence of licensing work in libraries with the emergence of electronic journals.
    • Libraries did not own or control access to the content as they did in print.
  • 4. Accessing online articles – permissions
    • Licensing vs. Copyright:
      • License provisions, not copyright provisions, determine what authors can do with online article.
    • Emergence of Digital Rights Management and Technical Protection Measures – further control?
  • 5. Copyright vs Licensing
        • Uses Permitted under Copyright
        • Right to lend to the public
        • Right to quote and excerpt for commentary and criticism
        • Right to make and distribute copies under fair dealing and for local and remote library patrons via interlibrary loan
        • Character of use governed by fair dealing principles
        • Conditions Introduced by a License
        • “ Lending" of the materials may be tightly controlled; only "users" as defined in the license may use them
        • Prohibitions against copying and/or nondisclosure requirements may require permission before quoting or excerpting
        • License may prohibit distributing copies outside the institution; may eliminate public loans, disclosure, interlibrary loan
        • Type of use may be restricted, for example, academic or non-commercial use only
        • No right to transmit electronically, therefore no use in distance learning
  • 6. Typical Licensing Restrictions Imposed on Use of Material
    • Restricted to UBC Faculty, students and staff
    • User identity strictly controlled.
    • Walk-in use from the public
    • Repackaging/ reusing, modifying,or recreating derivative works of content ie: course packs
    • Can display, download, print out for authorized users own research only.
  • 7. Emergence of Digital Rights Management (DRM)
    • DRM attempts to promote authorized use of a copyright work, in part by precluding the possibility of copyright infringement.
    • Contains various technological components: encryption, a surveillance mechanism, license management functionality and technological protection measures (TPMs).
    • Promises copyright owners a high degree of control over how works are accessed and used, even after the works are disseminated to users.
  • 8. Digital Rights Management and Technical Protection Measures – further control?
    • Other motivations? Ie. DRM can potentially allow copyright owners to require users to pay for each access and use.
    • Fear that this kind of protection will further erode permissions given to the public - fair dealing
  • 9. Other Concerns
    • Privacy issues: DRM's surveillance capabilities can gather info. about user habits. (reading,viewing,listening)
    • DRM systems can limit public access to works that are freely available in the public domain,
    • Deny users the ability to make fair uses of copyright works (for research and other purposes),
    • Jeopardize the long-term preservation of information (as technologies become obsolete)
  • 10. References
    • Michael Geist, " 'TPMs': A perfect storm for consumers " Toronto Star, 31 January 2005.
    • Richard Owens and Rajen Akalu, " Legal Policy and Digital Rights Management "
    • Ian Kerr & Jane Bailey, " The Implications of Digital Rights Management for Privacy and Freedom of Expression " (2004) 2 Info., Comm. & Ethics in Society 87
  • 11. Challenging the traditional model of participating & accessing scholarship
    • Scholarly community re-evaluating traditional models
      • Copyright/licensing Permission barriers - too restrictive
      • Too costly – therefore restrictive
      • Existing models do not encourage free flow of information sharing.
  • 12. What’s been happening?
    • The system of scholarly communication & publishing is going through a process of change worldwide.
  • 13. Why?
    • Costs: Massive escalation of journal subscription prices over past 2 decades
    • The Internet & revolution in authoring and publishing technologies
    • Feeling that existing publishing models restrict rather than encourage free flow of information . Ie: public access to information.
    • Gave rise to the emergence of the open access (OA) model for scholarly publishing: online, free to the reader
    • Scholarship is changing: new innovations & technologies, standards, protocols, and formats to support change.
  • 14. The library’s side
    • Static library collections budgets  large-scale cancellation of journal subscriptions
    • Book budgets negatively affected
    • New resources difficult to fund
    • Only core research resources remained (even those are now cancelled if too costly)
  • 15. The scholar's side
    • Creation of intellectual content
    • Do own formatting etc. for articles to be published
    • Sign over copyright to the publisher (usually)
    • Submit articles to publishers for free (sometimes pay page charges)
    • Provide editorial board and peer review services, usually for free
  • 16. What’s the real problem ?
    • Research results are paid for twice over by public tax dollars:
      • Research grants/faculty salaries
      • Journal subscriptions
    • Access to research is restricted to institutions that can afford the journals
    • Public Access to information
    • Conflict of interest
    • Eg. Smith R (2005) Medical Journals Are an Extension of the Marketing Arm of Pharmaceutical Companies . PLoS Med 2(5): e138 Published: May 17, 2005
  • 17.
    • An emergence of new publishing models
  • 18.
    • The Open Access Movement
    • Opening Access to Research & Scholarly Communication
  • 19. … a changing model worldwide
    • The BBB's:
    • Budapest Open Access Initiative 2002 Bethesda 2003 Berlin Declaration 2003
    • Locations where a number of research entities came together to challenge existing models and declare their support for open access
  • 20.
    • Definition of open access really comes from the BBB's:
    • Open-access (OA) literature is digital, online, free of charge, and free of most copyright and licensing restrictions
    • The BBB definition doesn't stop at free online access - it removes permission barriers, as opposed to price barriers.
    • The Budapest statement puts it this way:
  • 21.
    • Budapest definition of Open Access:
    • "By ‘open access’ to this literature, we mean its free availability on the public internet, permitting any users to read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself. The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited."
    • See: Peter Suber’s Open Access Website: http://www.earlham.edu/~peters/fos/overview.htm
  • 22. Open Access Publishers – The Gold Road
    • Biomed Central
    • Public Library of Science (PLOS):
    • Hindawi Publishing Corp:
    • Directory of Open Access Journals (DOAJ)
    • Free Medical Journals
    • Free Full text
    • PubMed Central
    • UBC’s Public Knowledge Project: OJS
  • 23. Open Access: The Green Road
    • The “green” road: self archiving articles.
    • Self-archiving is contingent on authors having the legal right to electronically distribute their articles:
    • SPARC’s Author rights: http://www.arl.org/sparc/author/index.html
  • 24. Examples of new models
    • Stanford Encyclopedia of Philosophy
    • Pubmed Central
    • D-lib Magazine
    • Nature blogs
    • Alexandria Archive
    • Perseus Project
    • ArXiv
    • Savage Minds
    • PLoS Biology
    • RePEc
    • Gutenberg-E
    • Geometry and Topology
    • Valley of the Shadow
    • Illinois Online Conference for Teaching and Learning
  • 25. What’s a new model?
    • Internet enabled
    • New genre (form of presentation)
    • New mode for interaction
    • New business models
    • New relationships to peer review
    • New licenses
  • 26. New Licenses