Category: Open Access and Other License Agreements

NISO Shared E-Resource Understanding Working Group

If you are tired of negotiating a license for every commercial information product that you purchase, there may be hope on the horizon.

The NISO Shared E-Resource Understanding Working Group (SERU), co-chaired by Karla Hahn, Association of Research Libraries, and Judy Luther, Informed Strategies, is addressing this issue.

Here is the group’s charge:

The working group is charged with developing Recommended Practices to be used to support a new mechanism for publishers to sell e-resources without licenses if they feel their perception of risk has been adequately addressed by current law and developing norms of behavior.

The document will be an expression of a set of shared understandings of publisher and library expectations regarding the sale of an electronic resource subscription. Negotiation between publisher perspectives and library perspectives will be needed to develop a useful set of practices.

The working group will build on considerable work to identify key elements of a best practices document already begun during a one-day meeting sponsored by ARL, ALPSP, SSP, and SPARC. All of the participants in that scoping meeting expressed a strong desire to continue to work on this project and form the proposed working group to develop best practices.

A recent article provides more details about SERU as does its FAQ.

There is also a mailing list. Send a message to SERUinfo-subscribe@list.niso.org to subscribe.

Draft White Paper on Acquisitions and Electronic Resource Management Systems Interoperability

The Digital Library Federation’s Electronic Resource Management Initiative Phase II Steering Committee has released a draft white paper on the interoperability of ILS acquisition modules and electronic resource management systems.

Here is the introduction:

Electronic resource management systems are becoming an important tool in many libraries. Commercial ERMS development has been driven in part by the lack of accommodation within integrated library systems for elements specific to electronic resources. Financial aspects of acquiring e-resources, in particular, necessitate recording an array of data not suited to ILS acquisitions modules. Unlike other data recorded in an ERMS such as licensing and administrative terms, a moderate percentage of acquisitions data is redundant, being populated in ILS during the acquisitions process, while also being accommodated within ERMS in accordance with the data structure detailed in Electronic Resource Management: Report of the DLF Electronic Resource Management Initiative (Digital Library Federation, 2004). ERMS implementers are eager to automate the process by which acquisitions data move from their ILS into their ERMS. This interest has grown substantially over the past few months as the prospect of connecting financial data to usage statistics has been facilitated through the Standardized Usage Statistics Harvesting Initiative (SUSHI), a NISO draft standard.

This white paper describes workflows at four libraries; reports on conversations held with product managers and other relevant staff of the leading ERMS; summarizes common themes; and suggests next steps. The paper is a draft for comment; it is hoped that those with interest in this area will provide insight to further this investigation.

It’s Time to Support the Creative Commons

The Creative Commons has launched it’s 2006 fund raising campaign, and I’d urge my readers to support it as generously as they can.

Why? The reason is simple: it’s easier to restore balance in copyright by convincing content creators to embrace Creative Commons licenses than it is to influence copyright legislation that rolls back lengthy copyright protection periods that are in danger of becoming virtually perpetual, that constricts the ever-widening scope of copyright, and that permits realistic fair use of DRM-protected digital materials. Moreover, the Creative Commons fosters what Lawrence Lessig calls a "read-write" digital culture that permits digital material to be freely used and remixed vs. a read-only-maybe digital culture where digital materials are often hidden behind access barriers and cannot be remixed without permission, which may be impossible to obtain. If you doubt that this can work, consider this quote from the Creative Commons: "From January 2006 to July 2006 there was a growth from 40,000,000 to 140,000,000 linkbacks to our licenses!"

So, donate. At the $75 level or above you’ll get a t-shirt as well as the button and sticker that are available at lower donation levels. Or, don’t donate, but help out by buying Creative Commons gear at their store.

"Strong Copyright + DRM + Weak Net Neutrality = Digital Dystopia?" Postprint

The "Strong Copyright + DRM + Weak Net Neutrality = Digital Dystopia?" postprint is now available.

The abstract is below:

Three critical issues—dramatic expansion of the scope, duration, and punitive nature of copyright laws; the ability of Digital Rights Management (DRM) systems to lock-down digital content in an unprecedented fashion; and the erosion of Net neutrality, which ensures that all Internet traffic is treated equally—are examined in detail and their potential impact on libraries is assessed. How legislatures, the courts, and the commercial marketplace treat these issues will strongly influence the future of digital information for good or ill.

If you would like a more detailed description, see my posting about the preprint.

How Can Scholars Retain Copyright Rights?

Scholars are often exhorted to retain the copyright rights to their journal articles to ensure that they can freely use their own work and to permit others to freely read and use it as well. The question for scholars who are convinced to do so is: "How do I do that?"

The first thing to understand is that copyright is not one right. Rather, it is a bundle of rights that can be individually granted or withheld. The second thing to understand is that rights can either be granted exclusively to one party or nonexclusively to multiple parties.

What are these rights? Here’s what the U.S. Copyright Office says:

  • To reproduce the work in copies or phonorecords;

  • To prepare derivative works based upon the work;

  • To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

  • To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;

  • To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual
    images of a motion picture or other audiovisual work; and

  • In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

A legal document, typically called a copyright transfer agreement, governs the copyright arrangements between you and the publisher and determines what rights you retain and what rights you transfer or grant to the publisher. The publisher may offer a single standard agreement or may have more than one agreement.

Whereas the publisher has had its agreement(s) written by copyright lawyers, you are not likely to be a copyright lawyer. This puts you at a disadvantage in terms or understanding, modifying, or replacing the publisher’s agreement. Therefore, it is very helpful to have documents written by copyright lawyers that you can use to modify or replace the publisher’s agreement with, even if the organization providing such documents does so under a disclaimer that it is not providing "legal advice."

Ordered by increasing level of difficulty in getting publisher acceptance, here are the basic strategies for dealing with copyright transfer agreements:

  • If the publisher has multiple agreements, choose the one that has the author assigning and/or granting specific rights to the publisher (e.g., ALA Copyright License Agreement). Don’t choose the agreement where the author assigns, conveys, grants, or transfers all rights, copyright interest, copyright ownership, and/or title exclusively to the publisher (e.g., ALA Copyright Assignment Agreement).
  • If the publisher has a single agreement that assigns, conveys, grants, or transfers all rights, copyright interest, copyright ownership, and/or title exclusively to the publisher:

Of course, other strategies are possible. For example, you could use another type of open content license instead of the Science Commons Publication Agreement and Copyright License. However, you might want to keep it simple to start.

For more information on copyright transfer agreements, see Copyright Resources for Authors and Scholars Have Lost Control of the Process.

For a directory of publisher copyright and self-archiving policies, see Publisher Copyright Policies & Self-Archiving.

By the way, DigitalKoans doesn’t provide legal advice and the author is not a lawyer.