Transcript Digitisation: The 3 C’s – Copyright Contracts Creative Commons

Digitization:
Considering the 3 C’s –
Copyright
Contracts
Creative Commons
Denise Rosemary Nicholson
Copyright Services Librarian
University of the Witwatersrand, Johannesburg
1st African Digital Curation Conference –
CSIR, Pretoria, South Africa, 12-13 February 2008
Digitization
• A process of conversion – more than reproduction
• Manipulation of data, modification & translation
• A form of publishing electronically
A well-drafted policy addressing
digitization, digital curation and
copyright is necessary
Copyright
‘A bundle of exclusive rights which the law gives to
authors and creators to control certain activities relating to
the use, dissemination and public performance of their
original works’
Copyright term = lifetime of author plus 50 years
On expiry – material goes into the public domain
Exclusive Rights of
Copyright Owners
● To reproduce the work in any manner or form
● To publish the work if it has not been published before
● To perform the work in public
● To broadcast the work
● To cause the work to be transmitted in a diffusion service
● To make an adaptation of the work –
Authors retain their moral rights
What laws govern
copyright in South Africa?
● SA Copyright Act No. 98/1978 (as amended) & Regulations
● Copyright Amendment Act No. 9/2002
● Berne Convention
● TRIPS (Agreement on Trade-Related Aspects of IP Rights)
● WIPO Copyright Treaty & Performances & Phonograms
Treaty
Works protected by copyright
• Literary, musical and artistic works
• Sound recordings
• Computer programs
• Cinematographic films
• Broadcasts
• Programme-carrying signals
• Published editions
Limitations and exceptions
• Users do not have rights – only limitations &
exceptions to authors’ exclusive rights
• Berne & TRIPS Agreement allow legal flexibilities in
national copyright laws
• Section 12 - Fair dealing
• Section 13 (Regulations) – for education & libraries
• Analogue = use restricted
• Digital = access & use restricted
Limited exceptions for
libraries & archives
• 3(d) applies to ‘a copy of an unpublished work ….. solely
for purposes of preservation and security or for deposit, for
research use, in another library or archive depot….
• 3(e) applies to ‘a copy of a published work …… solely for
the purpose of replacement of a copy that is deteriorating
or that has been damaged, lost, or stolen …….’
Copyright clearances
When applying for permission, obtain the following rights:● To reproduce whole works & convert to digital
● To create a modified or derivative work
● To display the work electronically
● To download it onto CD, DVD or other device
● To make the work accessible without technological
● restrictions to users (or to ‘unlock’ such restrictions)
● To have permission in perpetuity to allow migration,
conversion and/or adaptation as technologies change
Copyright ownership
• Usually vests in author/creator (or joint
authors/creators)
• Can belong to third parties, e.g. institution,
employer, publisher
• Can be commissioned, sold or bequeathed
• Copyright in originals and digital surrogates
• Who really owns copyright in academic institutions?
• Are student contracts legally enforceable?
Contracts
• Strict contractual conditions
• Contract law overrides copyright law & exceptions
• Licensing can wield power over downstream use of
digital works and guarantee revenues
• Shrink-wrap and click-wrap contracts
• E-databases – strict conditions for paid subscribers only
• No longer just protection = now complete control over
works
Digital rights management
(DRM)
• System of information technology components and
•
services
‘Electronic copyright management systems’ or ‘IP
Management & Protection Systems’
• Technological protection measures, encryption, spy-ware
& licence management functions
• DRMs control access to digital material – ‘lock up’
content indefinitely
• Can jeopardize long-term preservation and other
curation functions.
Digital rights management
(DRM) (cont’d)
•
•
•
•
•
•
Lock-up or protection codes on e-books
Content-scrambling
Regional coding
Prescribed expiry dates
Differential pricing & monopolies over devices/equipment
Affects inter-operability and open source software
development
• Legal anti-circumvention clauses protect DRMs
Creative Commons
• Conflict between copyright holders & users  CC
• Free legal and technical tools to facilitate access
to digital content
(www.creativecommons.org)
Licences:
– Attribution (standard in all CC licences)
– Non-Commercial
– No Derivative works
– Share Alike
New! CC+ for commercial
Creative Commons (cont’d)
• CC defines the spectrum of possibilities between full copyright
‘all rights reserved’ and the public domain ‘no rights reserved’
• Examples of some users of CC licences –
– MIT OpenCourseware – (http://ocw.mit.edu)
– Public Library of Science (PloS) - (www.plos.org)
– Rice University – (http://cn.x.rice.edu)
– Commonwealth of Learning- (www.col.org)
– Shuttleworth Foundation – (www.shuttleworthfoundation.org)
– More: (http://www.wiki.creativecommons.org/Content_Curators)
Science Commons
• Focus areas – licensing, publishing & data
• Promotes access to data, against global trends to protect
databases.
• Science Commons plans – to evaluate & draft open, voluntary & interoperable legal
solutions for databases – ‘some rights reserved’;
– to promote understanding about benefits of enhanced
research opportunities in digital environment;
– to describe conditions to maximise such opportunities for the
public good (www.sciencecommons.org)
Recommendations
• Amend the following Acts:–
–
–
–
–
Copyright Act 78/1998
National Library Act No. 92/1998
South African Library for the Blind Act No. 91/1998
Legal Deposit Act No. 54/1997
Electronic Communications and Transactions Act No. 25/2002
• Protect ‘fair dealing’ in digital environment
• Provide legal ‘keys’ to ‘unlock’ digital content
• Provide access to public-funded research via Open Access
Thank You
Denise Rosemary Nicholson
University of the Witwatersrand, Johannesburg
Email: [email protected]
Tel. No. 011-717-1929
Fax. No. 011-717-1946
Website: www.wits.ac.za/library
(click on ‘Copyright’ under ‘Services’)