The Wellcome Library is digitizing around 2,000 genetics books from over 50 countries published after 1850. Due to the age of the works, up to 90% are expected to still have active copyrights. The library is working with rights clearance organizations to determine the copyright status and locate copyright holders to request permission to publish the works openly online. Initial results found rights holders identified for 36% of the first 500 works, while 31% had some rights holders identified. The library will make works available that are out of copyright, licensed for open access, or whose rights holders cannot be identified or contacted.

1. Copyright Clearance for Genetics Books
A pilot project at the Wellcome Library
Christy Henshaw
Programme Manager
Wellcome Digital Library
Go Digital Now! Quick and Easy Digitisation with the ARROW
Rights Information System
London Book Fair, 17 April 2012

2. The Wellcome Trust
• A global charitable foundation
• Achieving extraordinary improvements in human and animal health
• Supporting the brightest minds in biomedical research and the
medical humanities
• Exploring medicine in historical and cultural contexts

3. The Wellcome Library
The Wellcome Library
• Major resource for the study of medical history
• Collections of books, manuscripts, archives, films and pictures on the
history of medicine from the earliest times to the present day.
• Provide insight and information to anyone seeking to understand
medicine and its role in society, past and present.
• Provide access to a growing collection of contemporary biomedical
information resources relating to consumer health, popular
science, biomedical ethics and the public understanding of science.

4. The Wellcome Library

5. Digitisation projects 2010-2013
• 2,000 books related to genetics research
• 1m pages of archival materials (incl. those held elsewhere)
• 14,000 early printed books (until 2015)
• 7,000 Medical Officer of Health reports (population statistics)

6. Genetics BooksLibrary
The Wellcome - overview
The goal is to make around 2,000 books freely available online.
• Monographs, conference proceedings, collected works, multi-volume
works published after 1850.
• Over 50 countries represented (majority are UK or USA)
• Comprise both primary and secondary sources for history of genetics
• We knew up to 90% of these books were potentially in-copyright
• Average of around 4 authors/contributors per title (6,800+)

7. Due diligence Library
The Wellcome
The aim is to determine the copyright and in-commerce status of each
book, and trace copyright holders to request permission to publish
online.
• Wellcome, ALCS and PLS are working together to test feasibility of
tracing copyright holders (January – June 2012)
• ALCS/PLS are providing a due diligence service using the ARROW
workflow, including:
• The European Library catalogue
• Member/works databases
• Liaison with international sister organisations
• Any relevant and available online lists, databases
• Search engines
• Follow up leads (e.g. writing to past place of work)

8. The Wellcome Library
Requests for permission
The aim is to present copyright holders with attractive options to
encourage free public accessibility.
• Engaging and clear explanation of the project and works included
• FAQ including extended definitions of access terms
• Basic licence terms allow the Wellcome to provide access as follows:
• Non-commercial uses only
• Attribution required
• Terms of licence to be shared
• Plus option to restrict copying, sharing, downloading, etc.
• All licensors have the right to request a take-down at any time

9. The Wellcome Library
Follow-up
• If no response is received after initial contact, further attempts will be
made – at least twice, depending on the individual case and method
of contact.
• Any further communication with rights holders, beyond initial
contact, is with the Wellcome Library.
• A due diligence database, comprising bibliographic data, information
on communications with rights holders, and status reports from
ARROW is maintained as a record of activity.
• A list of authors to be traced (to be updated as required) is available
online (http://library.wellcome.ac.uk/assets/WTVM052569.pdf).

10. The Wellcome Library
Follow-up

11. Preliminary statistics
In
This chart describes the commerce
first 500 works to complete 8%
the ARROW workflow.
Some (but Out of
By definition, these include not all) rights copyright
the easiest works to holders 15%
identify. identified
31% Rights-
holders not
Full analysis to be done in identified
June/July 2012. 10%
Rights-
holder(s)
Letters have only just been identified
sent for the 67% with 36%
identifiable rights-holders.

12. WhatWellcome Library
The goes online?
Based on information gathered during the due diligence process, the
Wellcome Library will make the following works freely available online:
• Out of copyright works
• Works that have been licenced to the Wellcome for free public access
• Unlicensed works whose rights holders cannot be identified or traced
(Orphan Works)
• Unlicensed works whose rights holders can be identified, but there
has been no success in making contact

13. WhatWellcome Library
The does NOT go online?
The Wellcome Library will not make the following works available online:
• Works that are still in commerce
• Works where rights holders have refused permission to publish freely
and openly online
The Wellcome Library will remove works from their websites when
requested by:
• Rights holders who agreed to licence the works, but then change their
mind (at any time)
• A rights holder who comes forward who could not previously be traced
or contacted

14. Legislation gap Library
The Wellcome
• There is a vast resource of 20th century scholarship ready to be
unlocked through the efforts of digitisation
• Providing access to such resources is the Wellcome Library’s
purpose for existing
• Current legislation does not recognise the value of these
resources, or support the need to provide access to them
• There is little guidance available on reducing risks to copyright
holders, merely an unofficial acknowledgement that “due diligence”
can greatly reduce this risk
• For these reasons, the Wellcome Library supports the
recommendations on Orphan Work legislation presented in the
Hargreaves Report

15. The Wellcome Library
Conclusion
• Due diligence is a “best endeavors” approach to tracing and
contacting rights holders
• There is no universally-agreed due diligence methodology
• The Wellcome, ALCS, PLS partnership will test the feasibility of due
diligence for large scale digitisation
• Value-for-money is key: do the outcomes justify the expense?
a) Ability to trace copyright holders
b) Positive vs. negative response rate from copyright holders
c) In the end, is making these works available worth the investment that
was required to achieve a) and b)?
• These questions are still waiting to be answered

16. The Wellcome Library
Thank you!