Do you have the right to go Digital?

John WheelerSVP Content TechnologiesJohn.Wheeler@Luminad.com

Catherine SchnurrDirector, Rights & PermissionsCatherine.Schnurr@Luminad.com

Lumina Datamatics

Lightspring/Shutterstock

Rights and Permissions500 Years of Change

Permissions Used to be Easy

• Acquire Content

• Edit /Copyedit

• Proof

• Apply Design and Layout

• Render to a Final Output

• Deliver to the consumer

Library of Congress, Prints and Photographs Division, Washington D.C. [LC-USZ62-110307]

Rights and Permissions500 Years of Change

Now let’s Include:

• Photos

• Third party text content

• Tables

• Illustrations

Rights and PermissionsThe Impact of the Digital Age

Oleksiy Mark/Shutterstock

Rights and Permissions500 Years of Change

Its not just Pictures and Text

Oleksiy Mark/Shutterstock (l)Your Design/Shutterstock (tr)

Rights and PermissionsThe Impact of the Digital Age

Now Let’s Include• Videos

• Audio

• Animations

• Photos

• Re-used text

• Tables

• Illustrations

Some with differing permissions needs based on usage and availability. Morrison77/Shutterstock

Workflows have had to adapt to the demands of:

• Interactive assets

• Print , digital, print and digital together or digital first

• Dynamic / real-time assembly of content

• Content reuse, custom publishing & aggregation

• Multi-channel publishing

Rights and PermissionsDigital has Arrived

Kentoh/Shutterstock

Rights and Permissions500 Years of Change

Rights are no longer

Regional

World Rights

Boreala/Shutterstock (Bkg) Intrepix/Shutterstock (Front)

Rights and Permissions500 Years of Change

How do you Find, Track and Organize these assets?

Violetkaipa/Shutterstock

Rights and Permissions500 Years of Change

The money involved is huge:

• $5,000 - $50,000+ total spend on asset acquisition fees

• $50,000- $250,000 for licensing fees

Palto/Shutterstock

Rights and PermissionsWhat’s the best Strategy?

Markus Gann/Shutterstock

• Evolving business models, particularly in higher education

• Proving the efficacy of new digital offerings over and above the value that traditional print products offer

• Pricing pain points, particularly in the US K12 and higher education textbook market

• Maintaining a print business while migrating to a digital position

• Identifying areas of potential growth, whether from new geographic markets or new product lines

Publishing Concerns and Impact

Rights and PermissionsProcess, Workflow and Tools

Dizain/Shutterstock

Do you have the right to go Digital?

Rights and PermissionsProcess, Workflow and Tools

bahri altay/Shutterstock

Advances in technology now require publishers to obtain broader rights for the use of third party content than in the past.  • Do you have the rights needed for use in digital platforms?

• Do you have the rights needed to distribute this content internationally?

• Licensing models have changed so that assets are being licensed for a “Program” rather than an individual product.

• Records for legacy products are often incomplete; previous contracts are often vague and do not include the rights needed to move forward with new platforms.

Rights & Permissions Challenges

Rights and PermissionsProcess, Workflow and Tools

Filmfoto/Shutterstock

• We were tasked with re-clearing rights for over 300 legacy titles for unlimited print run rights, multi-platform use and international distribution.

• Records were missing or incomplete, making evaluation of existing rights a challenge.

• Using our permissions expertise, as well as our rights-management system, we assessed the rights previously granted, replaced content where rights status could not be obtained, replaced content where the rights needed could not be obtained, and extended licenses as needed.

• The work was completed in a time frame of approximately 6 months, allowing the client to move forward with reprints in the international market.

Typical Case Study

Rights and PermissionsCase Studies

• Research and identify the correct assets

• Drive efficiencies with preferred vendors

• Track and Manage usage across products lines

• Track and Manage rights that have been acquired: Formats (Print & Electronic), Territory, Language, term limits, print run caps, restrictions.

• Content Repository for tracking asset info for future use.

An ideal Rights-Management System Must:

Rights and PermissionsProcess, Workflow and Tools

Request

Research

Review

Acquire

License

Track and

Manage

ecco/Shutterstock

Research

Rights and PermissionsProcess, Workflow and Tools

• Work in a hybrid model with distributed resources, which saves time and research fees.

• The system is both a workflow tracking tool and an asset management tool.

Research Process: Maintain robust asset library

Rights and PermissionsProcess, Workflow and Tools

• Asset library available for research that retains all previous research for easy retrieval.

Locate a Specific Request

Image options from the asset library or preferred vendor API are added to each request, and can be accessed by the image reviewers for approval.

Rights and PermissionsProcess, Workflow and Tools

Research Process: Drive Cost reductions by enforcing the use of preferred vendors

Rights and PermissionsProcess, Workflow and Tools

• Utilize API technology to make the research process faster and more efficient, and also maximize use of preferred vendors.

Rights and PermissionsProcess, Workflow and Tools

Visually review thumbnails; larger previews available by clicking on image.

Rights and PermissionsProcess, Workflow and Tools

Mark image approved with the click of a button, which moves it forward to the licensing process.

Drive Cost reductions by enforcing the use of preferred vendors

Rights and PermissionsProcess, Workflow and Tools

The system captures all associated metadata, which lives with the asset and is available to inform the image review process. Retaining the image metadata also makes the licensing process easier.

Rights and PermissionsProcess, Workflow and Tools

• The system can be used in the traditional way by having our staff of trained researchers conduct the photo research, or allowing authors or design and editorial teams to access the system to perform their own research where appropriate for certain products.

•This creates a safe environment which will guide people towards selecting images where the rights needed can definitely be obtained.

Different Workflow Models

Generate Licensing requests through the system

Rights and PermissionsProcess, Workflow and Tools

Capture the Types of Permissions Requested

Rights and PermissionsProcess, Workflow and Tools

Capture the Types of Permissions Granted

Rights and PermissionsProcess, Workflow and Tools

• Maximize use of wholly-owned content.

• Steer asset research towards public domain or royalty free.

• Steer asset research towards assets from preferred vendors, where rights are pre-negotiated.

• Utilize rights management system for tracking rights data acquired.

• Gain a clear understanding and policy towards fair use.

Strategies for Reducing Potential for Litigation

Rights and PermissionsProcess, Workflow and Tools

Mitigating litigation is nearly uncountable, but most large publishers are currently facing between 12 and 40 rights lawsuits.

Cherezoff/Shutterstock

• Publishers are living in fear of litigation, which can sometimes result in over-permissioning assets that could be used without permission as a fair use.

• Over-permissioning can be almost as harmful as not seeking permission, and actually weakens fair use as a defense.

• Publishers should work closely with their legal departments to develop a clear and consistent approach to fair use, and carefully evaluate content to asses for fair use.

Fair Use

Rights and PermissionsProcess, Workflow and Tools

Ho Yeow Hui/Shutterstock

• Work in a hybrid model with Internal / External / International resources, which saves on research fees.

• Capture rights data providing publishers the necessary records trail to mitigate rights litigation.

• Drive client strategies to lower-cost assets

• Provide tracking data on rights-managed, royalty-free, wholly-owned, and preferred vendor purchases

Ideal System to support

Rights and PermissionsProcess, Workflow and Tools

Rafal Olechowski/Shutterstock

Rights and PermissionsProcess, Workflow and Tools

On volumes of 500 to 700 titles in a year, a proper workflow can result in research fee savings versus traditional suppliers of over $250,000.  Enforcing volume arrangements Using spreadsheets and other crude tracking tools, Publishers average about 50% compliant purchasing. With project by project and systemized tracking, publishers can move their compliance from 50 to 75% or better. For some Publishers, this has resulted in $ Millions in savings

Palto/Shutterstock

Do you have the right to go Digital?

John WheelerSVP Content TechnologiesJohn.Wheeler@Luminad.com

Catherine SchnurrDirector, Rights & PermissionsCatherine.Schnurr@Luminad.com

Lumina Datamatics

Lightspring/Shutterstock