Developing a digital copyright strategy

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This slideshow is part of a course on developing your own digital copyright and online business strategy.

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Developing a digital copyright strategy

  1. 1. Online business model strategy project Version 2.0, May 2009 by Heather Ford
  2. 2. Step 1: Set your goals and measures for success
  3. 3. Step 2: List your competitors and whether their content is open or not
  4. 4. Step 3: List any open content resources that you can feed into your site
  5. 5. Step 2: Determine stakeholders and their needs
  6. 6. Step 3: Develop a methodology - how you’re going to achieve your goals and test whether you’ve achieved them (principles etc) 1. Consultation: The project will involve regular consultation and feedback to stakeholders. 2. Regular assessment (‘perpetual beta’): User statistics, follow-on usage by educators/artists etc will be regularly assessed in order to adapt the strategy as the project progresses. 3.
  7. 7. Step 4: List strengths, weaknesses, opportunities and threats/risks risk area assessment impact mitigation high/med/low
  8. 8. Step 5: List activities
  9. 9. A) Copyright ownership and licensing
  10. 10. Step 5.1: Develop policies + procedures - end user license agreements (intellectual property rights, privacy, ) + procedures against infringers - develop a notice and takedown policy and procedure - educational materials to back them up - a channel for people to contribute to policies
  11. 11. Step 5.2: Divide your inventory into the following sections
  12. 12. 1. Works where the copyright has expired or works that fall under public domain regulation 2. Works where the institution controls the copyright (e.g. works that have been commissioned by the institution, or where copyright has been transferred through the donation process to the institution etc) 3. Works where the institution has not transferred copyright or where online use has not been specified in agreements with donors 4. Works where the institution has licensed the materials but does not own them or control their copyright and is using them by fair dealing 5. Works where the institution has licensed materials from a third party and has only limited use rights 6. Works that community members are contributing
  13. 13. 1. Works where the copyright has expired or works that fall under public domain regulation http://en.wikipedia.org/wiki/File:First_Folio.jpg This image (or other media file) is in the public domain because its copyright has expired. This applies to the United States, Australia, the European Union and those countries with a copyright term of life of the author plus 70 years. Note that a few countries have copyright terms longer than 70 years: Mexico has 100 years, Colombia has 80 years, and Guatemala and Samoa have 75 years. This image may not be in the public domain in these countries, which moreover do not implement the rule of the shorter term. Côte d'Ivoire has a general copyright term of 99 years and Honduras has 75 years, but they do implement that rule of the shorter term.
  14. 14. 2. Works where the institution controls the copyright (e.g. works that have been commissioned by the institution, or where copyright has been transferred through the donation process to the institution etc) a) subscription (paid or free) - all rights reserved, or - CC licensed (if you don’t mind others re-publishing on their blog/site etc) or - own license. b) open/free - all rights reserved, or - CC licensed, or - own license.
  15. 15. 3. Works where the institution has not transferred copyright or where online use has not been specified in agreements with donors Develop a model agreement and ask previous donors to sign either a) transfer copyright to you, or b) give you a right to use the content on the site and/or for others to be able to use the content on other sites i.e. enable license users to choose conditions according to Creative Commons or new conditions (e.g. according to jurisdiction). Make sure your CMS enables new rights statements beyond CC.
  16. 16. 4. Works where the institution has licensed the materials but does not own them or control their copyright and is using them by fair dealing Rationale of fair use of this image in the article for Nelson Mandela The image quot;Young Mandela.jpgquot; is being linked here, though the original picture may be copyrighted. I Ezeu feel it is covered by fair use because: 1. The photograph depicts Nelson Mandela as a young man. 2. Nelson Mandela is an important person in the history of Africa in general, and South Africa in particular. 3. This photograph is provided by the African National Congress as a promotional picture of Nelson Mandela[1] without explicit restrictions against its usage, fair use or otherwise. 4. This photograph is important in the article Nelson Mandela to depict Nelson Mandela as a young man as most images of Mandela depict him in his elderly years. 5. There are no known free or public domain photographs of Nelson Mandela as a young man. 6. This image does not limit the rights of the copyright owners, if such do exist, to distribute the original image in any way. 7. The photograph is used for non-profit and informational http://en.wikipedia.org/wiki/File:Young_Mandela.jpg purposes only.
  17. 17. 5. Works where the institution has licensed materials from a third party and has only limited use rights http://photos.mg.co.za/view_photo.php?pid=5218&gid=365
  18. 18. 6. Works that community members are contributing Decide whether you want to choose the license for contributors or enable them to choose the license 1. Provide info about the work 2. Choose your License More examples at http://wiki.creativecommons.org/HOWTO_Publish
  19. 19. Step 5.3: Implement rights information in your database
  20. 20. LicenseChooser.js http://wiki.creativecommons.org/LicenseChooser.js
  21. 21. Step 6: Consult, consult, consult
  22. 22. Unless otherwise specified this slideshow is licensed under a Creative Commons Attribution Share- Alike 2.5 South African License http://creativecommons.org/licenses/by-sa/2.5/za/ Please link back to http://iheritage.org.za and acknowledge the author: Heather Ford, iHeritage
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