The Traditional Licensing Model
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Transcript of The Traditional Licensing Model
The Traditional Licensing Model ….
Joy Kirchner
June 7 2007, TAG/eLearning Institute Workshop
The Traditional Licensing Model:
Licensing, Access Permissions & Digital
Rights, Challenging the traditional
model Opening access to scholarship &
research
Licensing Began with shrink-wrap licenses for computer
software & CD-Rom’s. Notion of licensing the user to copy and use
the software not ownership of the software. 1990’s- Emergence of licensing work in
libraries with the emergence of electronic journals.
Libraries did not own or control access to the content as they did in print.
Accessing online articles – permissions Licensing vs. Copyright:
License provisions, not copyright provisions, determine what authors can do with online article.
Emergence of Digital Rights Management and Technical Protection Measures – further control?
Copyright vs Licensing
Uses Permitted under Copyright
Right to lend to the public Right to quote and excerpt
for commentary and criticism
Right to make and distribute copies under fair dealing and for local and remote library patrons via interlibrary loan
Character of use governed by fair dealing principles
Conditions Introduced by a License “Lending" of the materials may be tightly
controlled; only "users" as defined in the license may use them
Prohibitions against copying and/or nondisclosure requirements may require permission before quoting or excerpting
License may prohibit distributing copies outside the institution; may eliminate public loans, disclosure, interlibrary loan
Type of use may be restricted, for example, academic or non-commercial use only
No right to transmit electronically, therefore no use in distance learning
Typical Licensing Restrictions Imposed on Use of Material Restricted to UBC Faculty, students and staff User identity strictly controlled. Walk-in use from the public Repackaging/ reusing, modifying,or
recreating derivative works of content ie: course packs
Can display, download, print out for authorized users own research only.
Emergence of Digital Rights Management (DRM) DRM attempts to promote authorized use of a copyright
work, in part by precluding the possibility of copyright infringement.
Contains various technological components: encryption, a surveillance mechanism, license management functionality and technological protection measures (TPMs).
Promises copyright owners a high degree of control over how works are accessed and used, even after the works are disseminated to users.
Digital Rights Management and Technical Protection Measures – further control? Other motivations? Ie. DRM can potentially
allow copyright owners to require users to pay for each access and use.
Fear that this kind of protection will further erode permissions given to the public - fair dealing
Other Concerns Privacy issues: DRM's surveillance capabilities can
gather info. about user habits. (reading,viewing,listening)
DRM systems can limit public access to works that are freely available in the public domain,
Deny users the ability to make fair uses of copyright works (for research and other purposes),
Jeopardize the long-term preservation of information (as technologies become obsolete)
References
Michael Geist, "'TPMs': A perfect storm for consumers" Toronto Star, 31 January 2005.
Richard Owens and Rajen Akalu, "Legal Policy and Digital Rights Management"
Ian Kerr & Jane Bailey, "The Implications of Digital Rights Management for Privacy and Freedom of Expression" (2004) 2 Info., Comm. & Ethics in Society 87
Challenging the traditional model of participating & accessing scholarship
Scholarly community re-evaluating traditional models
Copyright/licensing Permission barriers - too restrictive
Too costly – therefore restrictive
Existing models do not encourage free flow of information sharing.
What’s been happening?
The system of scholarly communication & publishing is going through a process of change worldwide.
Why? Costs: Massive escalation of journal subscription prices over
past 2 decades
The Internet & revolution in authoring and publishing technologies
Feeling that existing publishing models restrict rather than encourage free flow of information. Ie: public access to information.
Gave rise to the emergence of the open access (OA) model for scholarly publishing: online, free to the reader
Scholarship is changing: new innovations & technologies, standards, protocols, and formats to support change.
The library’s side
Static library collections budgets large-scale cancellation of journal subscriptions
Book budgets negatively affected
New resources difficult to fund
Only core research resources remained (even those are now cancelled if too costly)
The scholar's side
Creation of intellectual content
Do own formatting etc. for articles to be published
Sign over copyright to the publisher (usually)
Submit articles to publishers for free (sometimes pay page charges)
Provide editorial board and peer review services, usually for free
What’s the real problem?
Research results are paid for twice over by public tax dollars: Research grants/faculty salaries Journal subscriptions
Access to research is restricted to institutions that can afford the journals
Public Access to information Conflict of interest
Eg. Smith R (2005) Medical Journals Are an Extension of the Marketing Arm of Pharmaceutical Companies. PLoS Med 2(5): e138 Published: May 17, 2005
An emergence of new publishing
models
The Open Access Movement
Opening Access to Research & Scholarly
Communication
…a changing model worldwideThe BBB's:
Budapest Open Access Initiative 2002 Bethesda 2003Berlin Declaration 2003
Locations where a number of research entities came together to challenge existing models and declare their support for open access
Definition of open access really comes from the BBB's:
Open-access (OA) literature is digital, online, free of charge, and free of most copyright and licensing restrictions
The BBB definition doesn't stop at free online access - it removes permission barriers, as opposed to price barriers.
The Budapest statement puts it this way:
Budapest definition of Open Access:
"By ‘open access’ to this literature, we mean its free availability on the public internet, permitting any users to read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself. The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited."
See: Peter Suber’s Open Access Website: http://www.earlham.edu/~peters/fos/overview.htm
Open Access Publishers – The Gold Road
Biomed Central Public Library of Science (PLOS): Hindawi Publishing Corp: Directory of Open Access Journals (DOAJ) Free Medical Journals Free Full text PubMed Central UBC’s Public Knowledge Project: OJS
Open Access: The Green Road The “green” road: self archiving articles. Self-archiving is contingent on authors
having the legal right to electronically distribute their articles:
SPARC’s Author rights: http://www.arl.org/sparc/author/index.html
Examples of new models
Stanford Encyclopedia
of Philosophy
Pubmed Central
D-lib Magazine
Nature blogs
Alexandria Archive
Perseus Project
ArXiv
Savage Minds
PLoS Biology RePEc Gutenberg-E Geometry and
Topology Valley of the Shadow Illinois Online
Conference for Teaching and Learning
What’s a new model?
Internet enabled New genre (form of presentation) New mode for interaction New business models New relationships to peer review New licenses
New Licenses