National Library of Australia - Home page
 

 

 

Intellectual property rights management

Limit to: Copyright

The World Intellectual Property Organization (WIPO) defines intellectual property as consisting of the two main branches of industrial property and copyright. Industrial property "deals principally with the protection of inventions, marks (trademarks and service marks) and industrial designs, and the repression of unfair competition". Copyright is applied to "creations in the fields of literature and arts", with such works able to be expressed as "words, symbols, music, pictures, three-dimensional objects, or combinations thereof (as in the case of an opera or a motion picture)".

Copyright and Preservation Strategies

Copyright restrictions can affect the preservation of access to digital information by limiting the use of preservation strategies. Legislation in many countries makes allowances for copying material for preservation purposes. However it usually only covers traditional hard copy material, not digital information. Examples of preservation strategies for digital information that may be affected by copyright include migration and refreshing, which each involve some form of copying of intellectual property. Emulation raises similar issues: for example the emulation strategy proposed by Rothenberg in his report, Avoiding Technological Quicksand, entails saving proprietary software, hardware specifications and documentation.

Legislation

While each country has its own legislation, countries cooperate with each other to protect intellectual property rights through treaties administered by the World Intellectual Property Organisation. Such treaties are generally concerned with the establishment of minimum levels of copyright protection, although they also make provision for the needs of copyright users. The main treaties relevant to copyright, particularly for digital information, are the Berne Convention (1886) for the protection of literary and artistic works, the TRIPS Treaty, and the WIPO Copyright Treaty.

Under the Berne Convention signatory countries can allow copying for the purpose of preservation under Article 9, the Right of Reproduction. This provision of Berne enabling all exceptions to the right of reproduction (not just preservation exceptions) is Article 9.2:

"It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author."

The TRIPS (Trade Related Aspects of Intellectual Property) Treaty, which is part of the WTO system, includes provision for defaulters to be subject to much more serious penalties.

The WIPO Copyright Treaty of 1996 was developed in recognition of the need for copyright provisions to be extended to digital information. It establishes the same copyright exemptions for digital information as outlined in the Berne convention:

"The reproduction right, as set out in Article 9 of the Berne Convention, and the exceptions permitted thereunder, fully apply in the digital environment, in particular to the use of works in digital form. It is understood that the storage of a protected work in digital form in an electronic medium constitutes a reproduction within the meaning of Article 9 of the Berne Convention."

As a result of the WIPO Copyright Treaty, the United States has since updated its copyright legislation. The Digital Millennium Copyright Act, passed in 1998, allows copies to be made of digital information if its format has become obsolete. A summary of the Act is available from the United States Copyright Office.

The Canadian Copyright Act was amended in 1997 to allow copying to "an alternative format if the original is currently in an obsolete format or the technology required to use the original is unavailable".

Copyright in Australia is governed by the Copyright Act 1968. The Copyright Amendment (Digital Agenda) Bill 1999 which was recently passed by the House of Representatives will allow digital copying of material held in libraries and archives for preservation or internal management purposes. It will also allow the internal communication of digital preservation reproductions to officers of the institution. Another amendment will allow such reproductions of artistic works to be displayed to the public on electronic kiosks provided that the original is unstable or has deteriorated. Although Australia has not yet signed the WIPO Copyright Treaty, the Digital Agenda Bill has been drafted in accordance with it.

Other countries are also planning to review their legislation. Copyright aspects of the preservation of electronic publications (February 1998), the report of a study commissioned by the National Library of the Netherlands examining "the copyright related problems which could impede efforts to preserve and maintain the accessibility of electronic data" in the Netherlands, also outlines the legislative situation in Germany, the United Kingdom, Belgium, and Canada.

Access

The ease with which digital information may be reproduced, manipulated and accessed by multiple users through networks raises concerns for some publishers wishing to control access to and protect the integrity of their publications. Developments in authentication mechanisms such as encryption will assist in controlling access to publications. Licence agreements are also used to define the amount of access that may be provided to a digital publication. Institutions whose role is to preserve access to such material may enter into agreements with publishers or creators which restrict access to their materials (e.g. The National Library of Australia's Policy on the Use of Australian CD-ROMs and Other Electronic Materials Acquired by Deposit). Emerging technologies such as digital signaturing, watermarking and digital time-stamping will assist in the area of establishing a publication's authenticity.

Text last updated: Aug 2000

Articles | Books | Events | Organisations and Websites | Online tutorial | Policies, Strategies & Guidelines | Projects and Case Studies | Bibliographies | Glossaries | Journals & Newsletters | Discussion Lists | Surveys | Tools | Evaluations

Articles

Safekept
Historical Access in the Future Tense
Greenstein, Daniel; Ivey, Bill; Kenney, Anne R.; Lavoie, Brian; Smith, Abby (Date Created: Apr 2004) (United States of America)
This report, based on papers presented at a Council on Library and Information Resources (CLIR) conference held in May 2003, focuses on preservation and stewardship in the education and research area, including digital preservation of the resources. Preservation topics related to institutional collaboration, cost of maintenance of a digital collection, legal challenges, and policy issues are discussed. Papers include Mapping the Preservation Landscape by Abby Smith ; Library Stewardship in the Digital Age by Daniel Greenstein ; Collection, Preservation and the Changing Resource Base by Anne R. Kenney ; Issues in Intangible Cultural Heritage by Bill Ivey ; Of Mice and Memory : Economically Sustainable Preservation for the Twenty-first Century by Brian Lavoie ; In Support of Long Term Access by Abby Smith.
ISBN: 193232609x
http://www.clir.org/pubs/reports/pub126/pub126.pdf
Historical Applying the Lessons Learned from Retrospective Archiving to the Digital Archiving Conundrum
Heterick, Bruce (Date Created: 2002) (United States of America)
Since 1995 JSTOR has been converting back issues of paper journals into electronic formats. This article provides an overview of the activities of JSTOR in creating an archive of scholarly journals. Included in the piece is a summary of JSTOR’s mission; an explanation of who contributes and uses the archive; a discussion of principles considered fundamental to digital preservation; and a description of five main challenges in archiving electronic content (rights and responsibilities, content, functionality, migration and business model).
http://iospress.metapress.com/content/1wfdrr1waf8ddax8/
Available in Information Services & Use, Vol 22, Issue 2/3, 2002, pp. 113-120, ISSN 0167-5265
Historical Archiving the Web - Some Legal Aspects
Kavcic-Colic, Alenka (Date Created: 21 Aug 2002)
A paper presented at the 68th IFLA General Conference and Council held in Glasgow, 18-24 August, 2002, discussing some legal aspects of archiving publications from the web. Copyright and legal deposit legislation are discussed with regard to rights implications for harvesting, public access and long-term preservation.
http://archive.ifla.org/IV/ifla68/papers/116-163e.pdf
Also available in French at http://archive.ifla.org/IV/ifla68/papers/116-163f.pdf
Safekept
Historical Archiving the World Wide Web
Lyman, Peter In: Building a National Strategy for Digital Preservation: Issues in Digital Media Archiving (Date Created: Apr 2002) (United States of America)
A paper in the series of six environmental scans commissioned as part of the US National Digital Information Infrastructure and Preservation Program (NDIIPP), this article examines archiving the web from several perspectives. As well as technical issues, such as those involved in defining the digital object, authenticity and provenance and the technologies needed for preservation, the article considers the roles of librarians and computer scientists in managing digital material and organisational issues such as copyright and the responsibility to preserve.
http://www.clir.org/pubs/reports/pub106/web.html
The collected papers are also available in PDF format via: http://www.clir.org/pubs/abstract/pub106abst.html
Safekept
Historical Archiving Websites
Boudrez, Filip; Van den Eynde, Sofie (Date Created: Jul 2002) (Belgium)
A report (95 p., 1.8 MB) from the Flemish DAVID Project examining the need for archiving of web sites, approaches for collection and management, and a range of legal issues including copyright. The report is available in PDF format.
http://www.expertisecentrumdavid.be/davidproject/teksten/Rapporten/Rep
ort5.pdf
Safekept
Historical Battle to Define the Future of the Book in the Digital World
Lynch, Clifford In: First Monday (Date Created: 04 Jun 2001)
In this article, Clifford Lynch, Director of the Coalition for Networked Information (CNI), discusses the implications of electronic books (e-books), including issues of contents and rights management, and long-term preservation and access.
http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view
/864/773
British Library Digitisation : Access and Copyright
King, Ed (Date Created: 26 May 2008) (United Kingdom)
This paper presented at the World Library and Information Congress: 74th IFLA General Conference and Council (10-14 August 2008, Québec, Canada) describes recent digitisation initiatives at the British Library. The paper describes the background to the projects and related copyright issues and processes. Projects discussed include 19th Century newspapers, Out-of Copyright books and Archival Sound Recordings.
http://archive.ifla.org/IV/ifla74/papers/139-King-en.pdf
Also available in French http://archive.ifla.org/IV/ifla74/papers/139-King-trans-fr.pdf
Historical CAMiLEON : BBC Domesday
CAMILEON (Creative Archiving at Michigan and leeds: Emulating the Old on the New)
This page provides an overview of CAMiLEON's Domesday Project, which uses the BBC's 1986 Domesday Project as a test case for the implementation and development of emulation strategies for the preservation of digital material. The Domesday Project is a multimedia digital project originally produced on 12" video discs. It was intended that future generations would view this resource. It as chosen as a prime test case because it is in danger of loss through technological obsolescence, and represents challenges in terms of scale, complexity and intellectual property rights. The article includes FAQ's, technical and property rights issues and screenshots of the emulator in action.
http://www.webarchive.org.uk/wayback/archive/20080408134815/http://www
.si.umich.edu/CAMILEON/domesday/domesday.html
Archived by UK Web Archive
Safekept
Historical CAMiLEON : Emulation and BBC Domesday
Mellor, Phil In: RLG DigiNews (Date Created: 15 Apr 2003) (United Kingdom)
This article reports on a meeting in December 2002 at the University of Leeds to demonstrate and discuss CAMiLEON's (Creative Archiving at Michigan and Leeds Emulating the Old on the New) work in preserving the BBC Domesday Project. The article provides some background information on the original Project, including examples of content. The CAMiLEON Project has spent 3 years developing strategies for digital preservation and testing them with materials such as the BBC Domesday system. The article describes some of the issues and problems encountered during this process such as videodisc damage, hardware unreliability, development of emulation software and the ongoing issues of Intellectual Property Rights for the many individual and institutional contributors to the Project.
http://worldcat.org/arcviewer/1/OCC/2007/08/08/0000070513/viewer/file1
651.html#feature3
Historical CAMiLEON Project : Legal Issues Arising From the Work Aiming to Preserve Elements of the Interactive Multimedia Work Entitled "The BBC Domesday Project"
Charlesworth, Andrew (Date Created: 2002) (United Kingdom)
CAMiLEON is using the BBC's 1986 Domesday Project as a test case for the implementation and development of strategies for the preservation of digital material. The Domesday Project is a multimedia digital project originally produced on 12-inch video discs. It was intended that future generations would view this resource. However, the software and hardware required for viewing has a finite lifetime. The article discusses the intellectual property rights management issues associated with emulating the resource, the software required to use it and the professional and non-professional content.
http://www.webarchive.org.uk/wayback/archive/20080408134839/http://www
.si.umich.edu/CAMILEON/reports/IPRreport.doc
Archived by the UK Web Archive
Historical Climbing the scholarly publishing mountain with SHERPA
MacColl, John; Pinfield, Stephen In: Ariadne (Last Updated: 11 Oct 2002) (United Kingdom)
A paper discussing the UK-based SHERPA project funded to create OAI –compliant ”e-print” repositories through self-archiving in the Higher education sector and acknowledging and addressing the associated management, intellectual property rights, digital preservation and technical issues.
http://www.ariadne.ac.uk/issue33/sherpa/
Historical Coming Crisis in Preserving Our Digital Cultural Heritage
Lynch, Clifford A (Date Created: 06 Jan 2003) (United States of America)
In this article the author explores the challenges that are facing cultural heritage institutions in relation to digital preservation. The author states that it is difficult for libraries to maintain their role of preserving society’s cultural and intellectual heritage due to the fact that an increasing amount of heritage is being produced in digital form. Constraints for librarians have arisen from digitisation and include areas such as legal rights and protections, both of which have made it difficult for copying and reformatting material. The article offers suggestions on how to address these problems, including making the preservation of intellectual and cultural record in digital form a public policy as well as a legal issue.
http://www.informaworld.com/smpp/content~content=a903396299~db=all~ord
er=page
Co-published in the Journal of Library Administration, (ISSN0193-0826) 38, 3/4, 2003 pp. 149-161 and : The Strategic Stewardship of Cultural Resources : To Preserve and Protect (ed: Andrea T. Merrill)
Safekept
Historical Contract, Copyright and the Future of Digital Preservation
Ryan, Alicia (Date Created: Jan 2004) (United States of America)
Set within the context of the United States, the author of this article discusses copyright issues for digital material and its implications to libraries and other depositories. She argues that libraries and archives should be granted legal rights to handle digital material, including copying, preserving and providing access to the stored material, especially in cases when the works are at risk or no longer commercially available.
http://www.bu.edu/law/central/jd/organizations/journals/scitech/volume
101/ryan.pdf
In Journal of Science and Technology Law, Vol. 10, no. 1, (Winter 2004)
Historical Copyright and Licensing for Digital Preservation
Muir, Adrienne (Date Created: Jun 2003) (United Kingdom)
This article gives an overview of the Copyright and Licensing for Digital Preservation Project, which investigated whether copyright legislation and licensed access to digital content threaten the ability of libraries to provide long-term access to that content and to suggest ways in which the problems can be overcome. It also includes background information on digital preservation practices and their associated copyright problems.
http://www.webarchive.org.uk/wayback/archive/20061208120000/http://www
.cilip.org.uk/publications/updatemagazine/archive/archive2003/june/upd
ate0306c.htm
in Library and Information Update, June 2003. Archived by UK Web Archive.
Safekept
Historical Copyright and Licensing for Digital Preservation Project Seminar
Loughborough University of Technology. Dept. of Library and Information Studies (Date Created: 2003)
This is a report on the Copyright and Licensing for Digital Preservation Project Seminar held on November 19th, 2003 at the Policy Studies Institute in London. Attendees included publishers, librarians, legal and digital preservation experts. The seminar featured a presentation on the Copyright and Licensing for Digital Preservation Project, as well as discussion focused on preservation copying requirements, copyright issues and relationships with publishers. The report identifies constraints to digital preservation and proposes recommendations on how the constraints may be overcome.
http://www.lboro.ac.uk/departments/ls/disresearch/CLDP/DOCUMENTS/Semin
ar%20Report%20.doc
Historical Copyright Issues Relevant to the Creation of a Digital Archive: A Preliminary Assessment
Besek, June M. (Date Created: Jan 2003)
This CLIR report discusses the copyright issues involved in the creation of a nonprofit digital archive. Current US copyright law is covered. The report discusses how the processes of data collection and access conditions effect the both the end users and copyright holders.
ISBN: 1887334971
http://www.clir.org/pubs/abstract/pub112abst.html
Available online as full text or PDF, or for purchase in print CLIR pub112
Copyright Protection and Management of Digital Cultural Objects and Data
Papatheodorou, Theodore; Sioutas, Sioutas; Tsolis, Dimitrios K. (Date Created: Sep 2008) (Greece)
This paper which was delivered at the 2008 Annual Conference of CIDOC (Athens, September 15 – 18, 2008) discusses the issues of copyright protection and management of digital cultural objects and data. It introduces the Technical Guidelines entitled "Practical guide-handbook for the protection and management of Intellectual Property Rights of digital cultural content and a digital rights management system based on international metadata standards" and a pilot information system for Digital Rights Management.
http://www.cidoc2008.gr/cidoc/Documents/papers/drfile.2008-06-17.10187
91761
Historical Creating Museum IP in a Digital World: NINCH Copyright Town Meeting Sept. 7th, 2002
NINCH (Last Updated: 30 Oct 2002) (Canada)
A report of guest presentations and workshop exercises from the NINCH copyright meeting held at the Museum Computer Network Conference in Toronto, Canada, 2002. The meeting focussed on intellectual property obligations and explored the development of institutional policy using test scenarios.
http://www.ninch.org/copyright/2002/toronto.report.html
Development of a Rights Management System for the National Library of Australia's Collections
Henderson, Sandra; Matthew Walker (Date Created: 06 Feb 2008) (Australia)
This paper describes development of a Rights Management System (RMS) at the National Library of Australia. While the RMS was developed as a module of the digital collections management system, it was recognised that the need for a RMS would not be limited to digital collections.
http://www.valaconf.org.au/vala2008/papers2008/112_Henderson_Final.pdf
Available as PDF from VALA 2008: Libraries changing spaces, virtual places Conference Program
Safekept
Historical Digital Asset Management Systems for the Cultural and Scientific Heritage Sector
DigiCULT Consortium (Date Created: Dec 2002)
The second of three thematic issue papers from the Preservation and Enhancement of Cultural Heritage Unit of the Information Society Directorate General of the European Commission Digital Assett Management Systems (DAMS) and their role in the cultural and scientific heritage communities. The journal includes papers that argue the need for DAMS to create renewable resources that can be managed through their entire life cycle, as well as listing system benifits and shortcoming of DAMS in the cultural heritage community. System designers, curators, digital collection managers and exponents of digitisation consider the role of the systems in the different sectors and highlight differing understandings and expectations.
http://www.digicult.info/downloads/thematic_issue_2_021204_low_resolut
ion.pdf
Digital Curation, Copyright, and Academic Research
Charlesworth, Andrew (Date Created: Sep 2006)
This article considers the suitability of applying the Creative Commons licensing model to scientific research such as publications, research materials and datasets. The author argues that developing a Science Commons approach will require more than the Creative Commons model and its utilitarian copyright law, in order to satisfy researchers requirements.
http://www.ijdc.net/ijdc/article/view/7/6
International Journal of Digital Curation Vol 1 Autumn 2006 pp17-32
Safekept
Historical Digital Dilemma : Intellectual Property : Synopsis and Views on the Study by the National Academies' Committee on Intellectual Property Rights and the Emerging Information Infrastructure
Gladney, Henry M. In: D-Lib magazine (Date Created: Dec 1999) (United States of America)
This report is a synopsis of and comments upon a report, The Digital Dilemma: Intellectual Property in the Information Age, released by a study committee appointed by the Computer Science and Telecommunications Board (CSTB) for the U.S. National Academies in November 1999. The study committee was asked to consider impacts that the emerging digital information infrastructure is having on intellectual property (IP) rights originating in the U.S. Constitution. This article comments on the report's discussion of archiving and IP issues.
http://www.dlib.org/dlib/december99/12gladney.html
Safekept
Historical Digital Object Identifiers: Promise and Problems for Scholarly Publishing
Davidson, Lloyd A. ; Douglas, Kimberly In: JEP - The Journal of Electronic Publishing (Date Created: Dec 1998) (United States of America)
This article is an evaluation of Digital Object Identifiers and describes what they are, why they are needed and how they came into existence. It highlights their limitations and benefits on a range of uses, such as rights management and as persistent identifiers, and concludes with some issues that are still to be resolved.
http://hdl.handle.net/2027/spo.3336451.0004.203
Historical Digital Preservation : Awareness, Responsibility and Rights Issues
Muir, Adrienne (Date Created: 2004) (United Kingdom)
This article reports on the first phase of the Copyright and Licensing for Digital Preservation research project. The project aims to ascertain to what extent copyright legislation and licensed access to digital content affects the digital preservation efforts of libraries in the UK. The project methodology includes survey questionnaires, literature reviews, face to face interviews and a seminar. This report analyses the results of the first two methodologies.
http://jis.sagepub.com/cgi/content/abstract/30/1/73
Journal of Information Science, Vol. 30, no.1 (2004), ISSN 0165-5515, pp. 73-92.
Historical Digital Preservation and Copyright
Hirtle, Peter B (Date Created: 2003) (United States of America)
This article addresses the legal issues associated with digital preservation in the USA. The author examines sections of US Copyright Law pertaining to areas such as archiving computer programs; preservation copies of libraries and archives; and fair use preservation provisions for libraries and individuals. Issues surrounding the preservation of the World Wide Web, as well as the relationship between licensing and the Digital Millennium Copyright Act (DMCA), are also addressed.
http://fairuse.stanford.edu/commentary_and_analysis/2003_11_hirtle.htm
l
Safekept
Historical Ephemeral Will Endure : the Future of Conceptual Art and Digital Preservation
Sharp, Rebecca In: DigiCULT.Info Newsletter (Date Created: Aug 2002) (United States of America)
Based on an interview with Jon Ippolito, Co-ordinator of the Variable Media Initiative (VMI) at the Guggenheim Museum in New York, this article addresses the main components of the VMI. The initiative allows artists working with ephemeral media formats to collaborate with museum and media consultants to produce appropriate preservation strategies for their works. Through the use of an interactive questionnaire, artists specify “preservation and dissemination options according to the properties unique to their work”, thus further enabling this area of art history to be available to future generations.
http://www.digicult.info/downloads/digicult_info2.pdf
FAQ: Copyright Keeps Open Archives and Digital Preservation Separate
Hirtle, Peter B. In: RLG DigiNews (Date Created: 15 Apr 2007)
This article considers the effect of copyright on self-archiving in open access digital repositories.
http://worldcat.org/arcviewer/1/OCC/2007/08/08/0000070519/viewer/file1
37.html#article5
Final Report on Digital Preservation, Orphan Works, and Out-of-Print Works
i2010 Digital Libraries High Level Experts Group - Copyright Subgroup (Date Created: 03 Jun 2008)
Report of Digital Libraries High Level Expert Group- Copyright Subgroup
Annexes 1 Case study on web-harvesting legislation in France, 2 Case study on web-harvesting legislation in Finland, 3 Model Agreement for a Licence on digitisation of Out-of-Print-Works, 4 Model Agreement for a Licence on digitisation of Out-of-Print-Works with option for online accessibility, 5 Implementation of proposed solutions through eContentplus projects: the ARROW Project as an example, 6 Recommended Key Principles for rights clearance centres and databases for orphan works, 7 Recommended Key Principles for rights clearance centres and databases for out-of-print works
http://ec.europa.eu/information_society/activities/digital_libraries/d
oc/hleg/reports/copyright/copyright_subgroup_final_report_26508-clean1
71.pdf
Available as PDF from http://ec.europa.eu/information_society/activities/digital_libraries/experts/hleg/index_en.htm
Final Report: 'Digital Libraries: Recommendations and Challenges for the Future'
High Level Expert Group on Digital Libraries (Date Created: Dec 2009)
This report (17 p.) is an overview of the advice produced by the European Commission's High Level Expert Group (HLG) on Digital Libraries during the period 2006-2009. It encompasses recommendations on intellectual property rights and copyright for digital libraries; digitisation and online accessibility of cultural heritage; access and preservation of scientific information; and, Europeana - the European Digital Library.
http://ec.europa.eu/information_society/activities/digital_libraries/d
oc/hleg/reports/hlg_final_report09.pdf
Historical First National Consultative Meeting on the Management of Australian Physical-Format Digital Publications
National Library of Australia (Last Updated: 16 Oct 1998) (Australia)
A National Consultative Meeting (27-28 October 1997) on the management of Australian physical-format digital publications brought together representatives from publishers, creators and the National and State Libraries. The meeting aimed to seek agreement on key principles and responsibilities related to the long-term access to digital publications in physical formats. Issues such as legal and voluntary deposit, copyright, access, licensing, collection development, cataloguing, and preservation paths were discussed and an action plan formalised to progress the development of strategies for the long-term preservation and access to significant Australian publications.
http://www.nla.gov.au/niac/meetings/physical.html
Gallica 2 : Experimentation d'une Offre Numerique Iincluant des Documents Soumis au Droit D’Auteur
Scotti, Lucien (Date Created: 10 Jun 2008) (France)
This paper presented at the World Library and Information Congress: 74th IFLA General Conference and Council (10-14 August 2008, Québec, Canada), outlines a one year experimental project using the French prototype of the European Library to enable wide access to copyrighted digital documents, via Gallica 2. The Bibliothèque nationale de France, the Syndicat national de l’Edition (French Publishers Association), the Direction du Livre et de la lecture (Book and Reading Directorate) and the Centre national du Livre (National Center for the Book) are working collaboratively to find legal and technical solutions and a business model to allow online access to recently published books with strict observance of the copyright law. Further information about the experiment (English version) is available from the BnF.
http://archive.ifla.org/IV/ifla74/papers/139-Scotti-fr.pdf
Green Paper : Copyright in the Knowledge Economy
Commission of the European Communities (Date Created: 16 Jul 2008)
This green paper was released for public comment by the European Commission in July 2008 with comment period closing on 30 November 2008. It aimed to foster debate on a number of copyright issues including exceptions for libraries and archives and people with disabilities; preservation and making available digitised works; orphan works; user created content; and dissemination for teaching and research purposes.
http://ec.europa.eu/internal_market/copyright/docs/copyright-infso/gre
enpaper_en.pdf
COM 2008 (466/3). Also available in French & German from http://ec.europa.eu/internal_market/copyright/copyright-infso/copyright-infso_en.htm
Historical IASSIST 2000 : Data in the Digital Library: social, spatial, and government data services: Electronic Presentation Archive
University of Chicago (Date Created: Jun 2000) (United States of America)
Presentations at the 26th conference of the International Association for Social Science Information Services and Technology (IASSIST) related to managing, preserving and providing access to digital collections in archives and libraries.
http://www.src.uchicago.edu/datalib/ia2000/presentations/presentation.
htm
Historical Intellectual preservation and electronic intellectual property
Graham, Peter S., Syracuse University Library (Date Created: 1993)
Three possible solutions for authenticating electronic texts are described: encryption, hashing and digital time-stamping.
http://archive.ifla.org/documents/infopol/copyright/graham.txt
Intellectual Property and Copyright Issues Relating to the Preservation and Future Accessibility of Digital Public Television Programs
Maguire, Kathleen; Rubin, Nan; Van Malssen, Kara (Date Created: 22 Apr 2010) (United States of America)
This report prepared by the Preserving Digital Public Television Copyright Working Group (project funded by the Library of Congress NDIIPP), explores the copyright and intellectual property issues related to the use of digital public television programs when the broadcast permissions have expired and related restrictions on an archives ability to undertake digital preservation.
http://www.thirteen.org/ptvdigitalarchive/files/2009/10/IP-Report-fin.
pdf
Safekept
Intellectual Property and Electronic Theses
Andrew, Theo (Date Created: 22 Sep 2004) (United Kingdom)
This paper examines various aspects of the publication and preservation of ETDs (Electronic Theses and Dissertations) from a legal viewpoint. Several recommendations are made including that copyright and repository licensing agreements should integrate provisions for migration to new formats, emulation and other digital preservation strategies.
http://www.thesesalive.ac.uk/archive/IP_etheses.pdf
Historical Intellectual Property Conservancies
Bearman, David In: D-Lib magazine (Date Created: Dec 2000)
An examination of the issues and challanges relating to the building of a digital library conservancy for the long-term preservation of and free access to donated or licensed intellectual property.
http://www.dlib.org/dlib/december00/bearman/12bearman-full.html
Safekept
Historical Intellectual Property Rights Issues Facing Self-Archiving : Key Findings of the RoMEO Project
Gadd, Elizabeth; Oppenheim, Charles; Probets, Steve In: D-Lib magazine (Date Created: Sep 2003) (United Kingdom)
This article provides an overview of the activities of the RoMEO Project and reports on its key findings and recommendations. Rights metadata, sample metadata rights records and stakeholder requirements including authors, publishers and service providers are discussed.
http://www.dlib.org/dlib/september03/gadd/09gadd.html
Historical Intellectual Property Rights lessons from the CEDARS project for Digital Preservation
Seville, Catherine; Weinberger, Ellis (Date Created: 01 Jun 2001) (United Kingdom)
This Cedars project paper offers suggestions and advice about intellectual property rights issues which arise in the course of digital preservation.
http://www.webarchive.org.uk/wayback/archive/20050410120000/http://www
.leeds.ac.uk/cedars/colman/CIW03.pdf
Archived by the UK Web Archive
International Study on Copyright and Digital Preservation
Besek, June M.; Fitzgerald, Brian; Jessica Coates; LeFurgy, William C.; Mossink, Wilma; Muir, Adrienne; Weston, Christopher D. (Date Created: 29 Sep 2008)
This paper given at iPRES 2008 (British Library Conference Centre, 29-30 Sept. 2008) provides an overview of the International Study on Copyright Law on Digital Preservation which reviewed digital preservation activities and the current state of copyright laws and their impact in Australia, the Netherlands, the United Kingdom and the United States. The study partners were the Open Access to Knowledge Law Project, Queensland University of Technology, (Australia), the SurfFoundation (the Netherlands), the Joint Information Systems Committee (UK) and the Library of Congress (US).
http://www.bl.uk/ipres2008/presentations_day1/22_Muir.pdf
Historical Internet Archive Gets DMCA Exemption To Help Archive Vintage Software
Internet Archive (Date Created: 2003) (United States of America)
This web page features links to Brewster Kahle's speech and correspondence in applying for exemptions to the Copyright Act so to allow archiving of software. Although focussed on the U.S. and the DMCA (Digital Millennium Copyright Act) the issues are relevant to other copyright legislations.
http://www.archive.org/about/dmca.php
Legal Aspects of Web Archiving from a Dutch Perspective : Report Commissioned by the National Library in the Hague
Buenen, Annemarie; Schiphof, Tjeerd (Date Created: 04 Oct 2006) (Netherlands)
This report commissioned by the Koninklijke Bibliotheek provides an overview of intellectual property rights in relation to web archiving in the Netherlands.
http://www.kb.nl/hrd/dd/dd_projecten/webarchivering/documenten/KB_Lega
l_Aspects_WebArchiving_EN.pdf
Legal Deposit's Role in the Public Domain
Greenleaf, Graham; Paramaguru, Abi; Bond, Catherine; Christou, Sophie (Date Created: May 2008) (Australia)
This paper responds to the '2007 Discussion Paper on the Extension of Legal Deposit' published by the Australian Attorney-Generals Department exploring the extension of the legal deposit scheme to include audio-visual and electronic material. The paper suggests ways that the potential expansion of the scheme could be drafted and implemented to ensure public rights in audio-visual and digital materials are protected. Recommendations are made in relation to Web publications and the rights of depository institutions.
http://law.bepress.com/unswwps/flrps08/art38/
University of New South Wales Faculty of Law Research Series. University of New South Wales Faculty of Law Research Series 2008. Working Paper 38
Safekept
Historical Legal Deposit, Electronic Publications and Digital Archiving - the National Library of Australia’s Experience
Gatenby, Pam In: 68th IFLA General Conference and Council - Libraries for Life: Democracy, Diversity, Delivery (Date Created: 19 Aug 2002) (Australia)
In this paper, presented at the 68th IFLA General Conference and Council held in Glasgow, 18-24th August, 2002, Pam Gatenby of the National Library of Australia discusses "how the experience gained from the Library’s digital archiving activity is shaping proposed changes to legal deposit legislation and also explains the constraints imposed by copyright law. Issues of concern to the National Library, publishers and government bureaucrats are highlighted and ways in which these are being addressed are outlined."
http://archive.ifla.org/IV/ifla68/papers/071-124e.pdf
Legal Issues Related to Whole-of-Domain Web Harvesting in Australia
Simes, Laura; Pymm, Bob (Date Created: Apr 2009) (Australia)
This article considers the existing legal position regarding whole-of-domain web harvesting in Australia including constraints of the copyright and legal deposit legislation. It also looks at the recent amendments to the Copyright Act and potential impacts on web harvesting in Australia.
http://www.informaworld.com/smpp/content~content=a912331943&db=all
Journal of Web Librarianship, ISSN 1932-2917, Vol 3, Issue 2 April 2009, pp.129-142
Safekept
Historical Legal Issues Relating to the Archiving of Internet Resources in the UK, EU, USA and Australia : A Study Undertaken for the JISC and Wellcome Trust
Charlesworth, Andrew (Date Created: 25 Feb 2003)
Key legal issues such as copyright, data protection and defamation are discussed with emphasis on their application to the United Kingdom legal framework. The article also examines other approaches to web archiving, including several EU countries, the US and Australia. EU experience suggests that establishing legal deposit is highly desirable, US experience reveals that pragmatic approach is successful, but potentially full of legal controversies and Australian licensing approach although limited in its ability to deal with general harvesting of the web provides an acceptable degree of legal risk and allows selective archiving of both ‘shallow’ and ‘deep’ web resources. Also included is a series of recommendations for the JISC and Wellcome Trust regarding the archiving of UK materials.
http://www.jisc.ac.uk/uploaded_documents/archiving_legal.pdf
Historical Legislating the Rainbow: Legal Deposit, Access and Distribution in a Digital Environment
Whitehead, Derek (Date Created: Nov 1995) (Australia)
This paper examines the relevance of legal deposit to new media, focussing on the practicality of legal deposit as a means of obtaining and preserving documentary material.
http://www.nla.gov.au/niac/meetings/npo95dw.html
Safekept
Licensing Digital Resources: How to Avoid the Legal Pitfalls. (2nd edition)
Giavarra, Emanuella, LLM (Date Created: Sep 2001)
The degree of access and use permitted for a digital resource depends on the terms and conditions negotiated in the licence. This guide is intended to assist in understanding the meaning and consequences of common licence clauses. It includes notes on copyright versus licensing, users, usage and access restrictions, terms and termination, library undertakings, warranties and indemnities, and clauses to avoid. It was compiled as part of the European Copyright User Platform (ECUP+) and Central and Eastern European Licensing Information Platform (CELIP) projects.
http://www.eblida.org/uploads/Pitfalls_web.pdf
Also available in PDF format at: http://www.eblida.org/ecup/docs/licensing.pdf
Long-term Preservation and Law
Goebel and Scheller (Date Created: Apr 2006) (Germany)
This is a 4 page English summary of an 88p. document originally published in German, "Digitale Langzeitarchivierung und Recht". It is part of a series of 7 digital preservation papers commissioned by nestor. Although the summary details issues such as copyright from the German perspective, the recommendations and observations are of interest to the international digital preservation community.
http://web.archive.org/web/20070609095352/http://www.langzeitarchivier
ung.de/downloads/mat/01_summary.pdf
nestor studies; 1. Summary archived by the Internet Archive, full document available from nestor.
Long-term Preservation of the Digital Heritage: A Case Study of Universities Institutional Repositories = La conservazione a lungo termine del patrimonio digitale: il caso degli archivi istituzionali delle università
Duranti, Luciana (Date Created: Jun 2010) (Canada)
This article (in English with abstract in Italian) discusses authenticity of digital records, rights managment, and long-term preservation strategies in university repositories using a case study of the Interpares3 project based on "cIRcle" an institutional repository at the University of British Columbia (UBC) which uses the DSpace repository software.
http://leo.cilea.it/index.php/jlis/article/viewArticle/12
JLIS.it., ISSN: 2038-1026, Vol.1, no.1 (giugno 2010), p. 157–168. DOI: 10.4403.it/jlis-12
Safekept
Historical On Making and Identifying a Copy
Paskin, Norman In: D-Lib magazine (Date Created: Jan 2003)
The article canvasses issues associated with distinguishing particular instances and manifestations and the necessary granularity. It problematises the notion of a copy and the need to identify types of copies. The article is motivated by concerns regarding digital rights management, however, such issues are also appropriate to the management of multiple copies within a digital preservation system.
http://www.dlib.org/dlib/january03/paskin/01paskin.html
Mass Book Digitization : The Deeper Story of Google and the Open Content Alliance
Leetaru, Kalev In: First Monday (Date Created: 06 Oct 2008) (United States of America)
This article compares the mass digitisation initiatives of Google and the Open Content Alliance (OCA). It considers their relationship and similarities and explores their transparency, metadata management and long term sustainability of rights management models.
http://www.uic.edu/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/210
1/2037
Historical New Copyright Law for Distance Education: The Meaning and Importance of the TEACH Act
Crews, Kenneth D. (Last Updated: 30 Sep 2002) (United States of America)
The TEACH Act (Technology, Education and Copyright Harmonization Act) ratified in November 2002 "redefines the terms and conditions on which accredited, nonprofit educational institutions throughout the U.S. may use copyright protected materials in distance education - including on websites and by other digital means - without permission from the copyright owner and without payment of royalties".
http://www.ala.org/ala/aboutala/offices/oitp/publications/issuebriefs/
Teach%20Act%20Summary.pdf
also available as pdf file at http://www.ala.org/washoff/teachsummary.pdf
New Methodologies for Quantifying Licence-Based Commons on the Web
Bildstein, Ben (Date Created: Aug 2008) (Australia)
This paper delivered at the First Interdisciplinary Research Workshop on Free Culture, at iSummit '08, 30 July – 1 August 2008, describes the challenges of quantifying online commons, proposes using raw web crawler data and reports on some experiments using the Australian web domain harvests.
http://law.bepress.com/unswwps/flrps08/art52/
University of New South Wales FAculty of Law Research Series, 2008. Working Paper 52
Safekept
Historical OAI Rights White Paper : September 26 2003
Lagoze, Carl; Nelson, Michael; Van de Sompel, Herbert; Warner, Simeon (Date Created: 26 Aug 2003)
Instigated by the Open Archives Initiative and Project RoMEO, the OAI-rights white paper describes the scope and issues in OAI rights. The goal of OAI rights is to investigate and develop means of expressing rights about metadata and resources in the OAI framework. This paper is intended as a foundation for work aimed at incorporating structured rights expressions into the OAI-PMH. This work will be undertaken by a technical group called oai-rights, and will result in a set of OAI-PMH (Open Archives Initiative Protocol for Metadata Harvesting) guidelines scheduled for release in second quarter 2004
http://www.openarchives.org/documents/OAIRightsWhitePaper.html
Safekept
Historical "Official Version": A National Summit to Solve the Problems of Authenticating, Preserving and Citing Legal Information in Digital Form - Conference Proceedings
Canadian Association of Law Libraries/Association canadienne des bibliotheques de droit (Date Created: Nov 1997) (Canada)
Proceedings of a conference organised by the Canadian Association of Law Libraries/Association canadienne des bibliotheques de droit to address issues related to the access and use of legal information in digital form: authentication, preservation and citation. Proceedings include papers, panel discussions, reports from breakout sessions, and topic summaries.
http://web.archive.org/web/20010219015502/http://www.callacbd.ca/1997s
ummit/index.html
Archived by the Internet Archive
Orphan Works and Section 108 Updates
Hirtle, Peter In: RLG DigiNews (Date Created: 15 Aug 2006) (United States of America)
This artcle outlines some recent developments in Section 108 of the United States Copyright Act and how it may impact digital preservation and digitisation efforts in the future. The article includes information on the Section 108 Study Group of which the author is a member. He outlines the main areas of interest at the roundtable discussion sessions.
http://worldcat.org/arcviewer/1/OCC/2007/08/08/0000070519/viewer/file3
218.html#article3
Permission Barrier : The Impact of Copyright Law on Digital Preservation in Australia
Coates, Jessica (Date Created: Jan 2009) (Australia)
This paper presented at Information Online 2009 (Sydney Convention Centre, 20-22 January 2009) is an abridged version of The International Study on the Impact of Copyright Law on Digital Preservation (Beseck et al., 2008), focusing on Australia's position in the international community.
http://www.information-online.com.au/sb_clients/iog/data/content_item_
files/000001/PresentationC18.pdf
Historical Position paper on copyright in the electronic environment
IFLA (Date Created: 25 Aug 1996)
This is a "position statement on copyright in the electronic environment on behalf of librarians and information staff worldwide". The report discusses how copyright affects access and preservation.
http://archive.ifla.org/V/press/pr961002.htm
Safekept
Historical Preservation issues for optical/electronic media
Ditzler, Carol (Last Updated: 3 Oct 1994)
This detailed and practical report called "The Electronic Information Initiative : Phase 1 Final Report" (our link is directly to the chapter on optical media) by the US National Agricultural Library sets forth findings and recommendations regarding the preservation of optical media and associated electronic media. The main body of this report is organised around eight topics: Preservation strategy; Processing; Storage; User access; Licensing and copyright; Cooperative agreements; Disk production; and Security.
http://web.archive.org/web/*/http://www.nalusda.gov/services_and_produ
cts/other_nal_products/eii/nal-eii7.html
Chapter in: The Electronic Information Initiative : Phase 1 Final Report ; A Key Success Factor in the NAL Strategic Plan. Also archived by the Internet Archive.
Safekept
Historical Preservation of Scientific Serials : Three Current Examples
Arms, William Y. In: JEP - The Journal of Electronic Publishing (Date Created: Dec 1999)
This paper examines three journals in digital form: the ACM Digital Library, the Internet RFC series, and D-Lib Magazine and discusses the measures which can be taken today to preserve access to the information contained within these journals. The solutions proposed are "partly technical and partly organizational". The author proposes three levels of preservation: preserving the "look-and-feel" of the document; preservation of access, which entails maintaining both the underlying material and an effective system of access; and preservation of content. The role of publishers in archiving is discussed.
http://hdl.handle.net/2027/spo.3336451.0005.202
Journal of Electronic Publishing, Volume 5, Issue 2
Preservation, Access and Intellectual Property Rights Challenges for Libraries in the Digital Environment
Muir, Adrienne (Date Created: 05 Jun 2006) (United Kingdom)
This paper examines the impact of intellectual property rights, licensing and publishing models on preservation of and access to digital information from the perspective of United Kingdom law. Initiatives such as legal deposit, exemptions to existing laws, raising awareness through organisations such as the Digital Preservation Coalition and new forms of licensing agreements such as the Creative Commons Licenses are discussed as possible avenues, either singularly or in combination, for achieving solutions acceptable to both publishers and libraries.
http://www.ippr.org.uk/publicationsandreports/publication.asp?id=464
Safekept
Historical Preserving the Present for the Future : Strategies for the Internet : Proceedings
Denmark's Electronic Research Library (Date Created: 22 Jun 2001) Has papers: Legal Deposit from the Internet in Denmark : Experiences with the Law from 1997 and the Need for Adjustments ; Cyberculture, Cultural Asset Management, and Ethnohistory : Preserving the Process and Understanding the Past
Papers from the Preserving the Present for the Future : Strategies for the Internet conference, held at the Royal Library, Copenhagen, 18-19 June 2001.
http://www.deflink.dk/eng/arkiv/dokumenter2.asp?id=695
Proceed With Caution: How Digital Archives Have Been Left in the Dark
Knutson, Alyssa N. (Date Created: 2009) (United States of America)
This copyright note (38 p.) reviews the role and legal obstacles facing digital archives using the Internet Archive and Google Book project lawsuits as examples. It considers the current state of archives, the legal risk archives are exposed to, and the difficulties imposed by current statutes.
http://www.btlj.org/data/review/24-437-473.pdf
Berkeley Technology Law Journal 24:1 (2009) pp. 437-473
Safekept
Historical Report on the Cedars Final Workshop
CEDARS Project; Day, Michael; Jones, Maggie (Date Created: 22 Apr 2002) (United Kingdom)
This invitation-only workshop was the final event hosted by the Cedars project before it closed. The workshop had a focus primarily on the work of Cedars but also included the work of CAMiLEON. The purpose of the workshop was to highlight the work of Cedars over the preceding four years, to provide a forum for debate and discussion on what the project had achieved and what should happen next, and to bring together the main beneficiaries of the project (CURL librarians) with representatives from the publishing community and other key decision makers.
http://www.webarchive.org.uk/wayback/archive/20050410120000/http://www
.leeds.ac.uk/cedars/pubconf/umist/finalWorkshopRep.html
Archived by the UK Web Archive
Safekept
Historical Right to Preserve: The Rights Issues of Digital Preservation
Ayre, Catherine; Muir, Adrienne In: D-Lib magazine (Date Created: Mar 2004) (United Kingdom)
This article provides an overview of the Copyright and Licensing for Digital Preservation (CLDP) project, undertaken between September 2002 and March 2004 and funded by the Arts and Humanities Research Board (UK). Based on questionnaire surveys, face-to-face interviews and a seminar, the project’s aim was to examine whether copyright legislation and licensed access to digital content affects the roles of libraries in providing long-term access. Areas outlined in the article include rights implications of digital preservation methods; provision for preservation copying in existing laws and licences; solutions to the rights issues, incorporating areas such as digital preservation responsibility and legal deposit; and rights issues specific to licensed digital content.
http://dx.doi.org/10.1045/march2004-ayre
http://www.dlib.org/dlib/march04/ayre/03ayre.html
Rights in the PREMIS Data Model: A Report for the Library of Congress
Coyle, Karen (Date Created: Dec 2006) (United States of America)
This report was commissioned by the Library of Congress to feed into the revision of the PREMIS Data standard May 2005 to improve the rights entity. This report considers the various definitions of rights, the state of rights metadata, and surveys legislative actions in various nations which will provide a legal standing for digital preservation activities.
http://www.loc.gov/standards/premis/Rights-in-the-PREMIS-Data-Model.pd
f
Science Commons
McGeever, Mags (Date Created: 03 Feb 2009) (United Kingdom)
This Legal Watch Paper from the Digital Curation Centre provides an introduction to Science Commons, a branch of Creative Commons, with the goal of enhancing the interoperability of scientific data via the web.
http://www.dcc.ac.uk/resources/briefing-papers/legal-watch-papers/scie
nce-commons
DCC Legal Watch Papers
Section 108 Study Group Report : Executive Summary
Section 108 Study Group (Date Created: Mar 2008) (United States of America)
This Executive Summary (14 p.) of the Section 108 Study Group Report details the Groups recommendations for changes to Section 108 of the U.S. Copyright law, which provides exceptions for libraries and archives to make copies of copyrighted works to replace or preserve works in their collection, in a digital environment.
http://www.section108.gov/docs/Sec108ExecSum.pdf
Historical Simplification of the Copyright Act 1968 : Part 2 Categorisation of Subject Matter and Exclusive Rights and Other Issues
Copyright Law Review Committee (Last Updated: 12 Feb 1999) (Australia)
This report proposes to simplify the categories of protected subject matter and the exclusive rights of copyright owners. It also considers the implementation of a distribution right and addresses issues identified by the Copyright Convergence Group for further consideration by the Committee. Among the matters proposed in those reforms is the new broadly based, technology-neutral right of communication to the public.
http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(756EDFD270AD704EF00C15
CF396D6111)~CLRC+Simplification+of+the+Copyright+Act+1968+-+Part+2.doc
/$file/CLRC+Simplification+of+the+Copyright+Act+1968+-+Part+2.doc
Available as PDF and Word from http://www.ag.gov.au/www/agd/agd.nsf/Page/Copyright_CopyrightLawReviewCommittee_CLRCReports_SimplificationoftheCopyrightAct1968
Historical 'Superarchives' could hold all scholarly output
Jeffrey R. Young (Date Created: 05 Jul 2002)
Discusses creation of online 'institutional repositories' to preserve and provide access to the intellectual output of institutions like universities. Models discussed (briefly) include the Massachusetts Institute of Technology's DSpace project, the California Institute of Technology's digital repository, the University of California's Scholarly Repository, Ohio State University's Knowledge Bank, and the University of Southhampton's eprint.org initiative. While the article serves only as a brief introduction to the issues, it does have links to all the projects.
http://chronicle.com/free/v48/i43/43a02901.htm
Chronicle of Higher Education, 5 July 2002. Available by subscription.
Safekept
Historical Towards the Copyright Act 2000: Implications of and for Digital Preservation and Access
Australian Council of Libraries and Information Services; Wodetzki, Jamie (Date Created: 28 Nov 1995) (Australia)
This article provides an overview of Australian copyright legislation in relation to preservation and outlines its inadequacies for digital material. The author discusses the copyright review process and makes suggestions for improving copyright legislation. The importance of distinguishing between "copying for preservation" and "providing digital access" is emphasised.
http://www.nla.gov.au/niac/meetings/npo95jw.html
Paper given at the 2nd National Preservation Office Conference: Multimedia Preservation - Capturing the Rainbow, in Brisbane, 28-30 November 1995.
Safekept
Historical Virtual Remote Control : Building a Preservation Risk Management Toolbox for Web Resources
Buckley, Ellie; Entlich, Richard; Kehoe, William R.; Kenney, Anne R.; McGovern, Nancy Y. In: D-Lib magazine (Date Created: Apr 2004) (United States of America)
Importance of Internet archiving was brought to public attention after material archived by the Wayback Machine was accepted in the US court. Cultural institutions face legal as well as technical challenges when they attempt to archive the Internet and much of the content is therefore lost. Cornell University Library's Virtual Remote Control (VRC) initiative differs from most web archiving projects by its emphasis on monitoring websites over time, with capture being used only as a last resort. The process is envisaged to be fully automated in the future via a Toolbox software that is being developed, but at present considerable human input is necessary.
http://www.dlib.org/dlib/april04/mcgovern/04mcgovern.html
Safekept
Historical Yale Electronic Archive - One Year of Progress: Report on the Digital Preservation Planning Project
Yale University Library (Date Created: Feb 2002) (United States of America)
A report on the progress of the collaborative planning effort between Yale University Library and Elsevier Science for the archiving of electronic journals, funded by the Andrew W. Mellon Foundation. The planning project sought to "understand better the scope and scale of digital journal preservation" and "identify practical next steps" for a large collection of commercially published journals. The report recognises the need for co-operative efforts and standards and relationships between publishers and archivers, and discusses the building of a prototype archive. The report is available in PDF format, either as sections or as a complete document.
http://www.library.yale.edu/~okerson/yea/

Top

Books

Copyright and Related Issues Relevant to Digital Preservation and Dissemination of Unpublished Pre-1972 Sound Recordings by Libraries and Archives
Besek, June M. (Date Created: Mar 2009) (United States of America)
This report which was commissioned by the National Recording Preservation Board, Library of Congress addresses the question of what libraries and archives are legally empowered to do to preserve and make accessible for research their holdings of unpublished pre-1972 sound recordings in the U.S.
ISBN: 9781932326321
http://www.clir.org/pubs/abstract/pub144abst.html
CLIR Report no. 144
Safekept
Historical Copyright aspects of the preservation of electronic publications
Groeneveld, C.; Hugenholtz, P. B.; Koelman, K. J.; Westerbrink, B. N. (Date Created: 15 Feb 1998)
Instituut voor Informatierecht Report - 7. This is the report (40 p.) of a study commissioned by the National Library of the Netherlands. It examines "the copyright related problems which could impede efforts to preserve and maintain the accessibility of electronic data".
ISBN: 9074243-12-6
http://www.ivir.nl/publications/koelman/kbeng2.doc
Historical Copyright Issues Relevant to the Creation of a Digital Archive: A Preliminary Assessment
Besek, June M. (Date Created: Jan 2003)
This CLIR report discusses the copyright issues involved in the creation of a nonprofit digital archive. Current US copyright law is covered. The report discusses how the processes of data collection and access conditions effect the both the end users and copyright holders.
ISBN: 1887334971
http://www.clir.org/pubs/abstract/pub112abst.html
Available online as full text or PDF, or for purchase in print CLIR pub112
Creative Commons Licenses for Cultural Heritage Institutions: a Dutch Perspective
Hoorn, Esther (Date Created: Sep 2006) (Netherlands)
This in-depth report (73 p) discusses the use of Creative Commons Licenses by cultural heritage institutions (libraries, museums and archives) in the Netherlands. The report considers access to digital cultural heritage and copyright, the role of cultural heritage institutions and their legal framework, availability of tools, and the main provisions of the CC Licenses.
http://www.ivir.nl/creativecommons/CC_for_cultural_heritage_institutio
ns.pdf
Safekept
Historical Digital Dilemma: Intellectual Property in the Information Age
National Academy of Science (Date Created: Oct 2000) (United States of America)
A report commissioned by the United States Academy of Sciences (Computer Science and Telecommunications Board) looking at the issues surrounding the application of current intellectual property practices to digital information. Within a number of recommendations it was found necessary to redefine the concepts of publishing and copying against the distribution models of digital materials. The nature of digital information is also allowing it to fall outside of traditional preservation procedures, therefore compromising public access and future scholarly research.
http://books.nap.edu/catalog/9601.html
Also available for purchase in PDF at http://books.nap.edu/books/0309064996/html/
Digital Lives : Legal & Ethical Issues
Charlesworth, Andrew (Date Created: 14 Oct 2009) (United Kingdom)
This detailed discussion paper (92 p.) was prepared for the Digital Lives Research Project led by the British Library, in partnership with University College London and the University of Bristol, and funded by the Arts and Humanities Research Council. The paper examines a range of legal and ethical issues relating to personal digital archives and their collection, preservation and access in UK repositories. While the discussion largely relates to the legal context of the UK, the discussion on ethics and recommendations for digital archivists is widely applicable.
http://britishlibrary.typepad.co.uk/files/digital-lives-legal-ethical.
pdf
Digital Lives Research Paper
Historical Guidelines for Commonwealth Information Published in Electronic Formats
Commonwealth of Australia (Last Updated: Jan 2000) (Australia)
The aim of this document (126 p.) is to provide guidelines which enable Australian Government agencies to fulfill their legal obligations, which include preserving Commonwealth documentary records for future access as routine work practice. This document was superseded in part by the Australian Government Web Publishing Guide, which helps agencies to manage their websites, and to identify their legal and policy obligations.
ISBN: 0-642-39895-X
http://pandora.nla.gov.au/pan/24804/20031107-0000/www.noie.gov.au/publ
ications/NOIE/info_access_network/master_jan2000_guidelines_pdf.pdf
International Study on the Impact of Copyright Law on Digital Preservation: Joint Report by The Library of Congress National Digital Information Infrastructure and Preservation Program, The Joint Information Systems Committee, The Open Access to Knowledge (OAK) Law Project and the SURFfoundation
NDIIPP; JISC; Oak Law Project; SURFfoundation (Date Created: Jul 2008)
This detailed study (214 p.) "focuses on the copyright and related laws of Australia, the Netherlands, the United Kingdom and the United States and the impact of those laws on digital preservation of copyrighted works. It also addresses proposals for legislative reform and efforts to develop non-legislative solutions to the challenges that copyright law represents for digital preservation."
ISBN: 9780980298895
http://eprints.qut.edu.au/14035/
Protection for Pre-1972 Sound Recordings Under State Law and Its Impact on Use by Nonprofit Institutions: A 10-State Analysis
Program on Information Justice and Intellectual Property Washington College of Law, American University (Date Created: Sep 2009) (United States of America)
This report (101 p.) was commissioned for and sponsored by the National Recording Preservation Board, Library of Congress and prepared by the Program on Information Justice and Intellectual Property Washington College of Law, American University. It examines the criminal and civil laws of 10 US states, as well as judicial decisions and common law, pertaining to sound recordings fixed before 1972.
ISBN: 9781932326345
http://www.clir.org/pubs/reports/pub146/contents.html
CLIR Report Pub 146. Available in HTML and PDF and purchase in hardcopy.
Historical Right to Preserve? : Copyright and Licensing for Digital Preservation Project Final Report
Ayre, Catherine; Muir, Adrienne (Date Created: Mar 2004) (United Kingdom)
This report (319 pp.) is a summation of the Copyright and Licensing for Digital Preservation Project which ran from 2002-2004 and was funded by the Arts and Humanities Research Board. The project involved a literature review, questionnaire survey, interviews and a seminar. The report analyses how copyright legislation and licensed access affect the ability of libraries to provide long-term access to digital content. It concludes that whilst copyright legislation and cooperation between libraries and rights-holders is important what would be more beneficial was a reassessment of the whole concept of copyright in the digital environment.
http://www.lboro.ac.uk/departments/ls/disresearch/CLDP/DOCUMENTS/Final
%20report.doc
Historical Right to Preserve? Copyright and Licensing for Digital Preservation Project Final Report
Ayre, Catherine; Muir, Adrienne (Date Created: Mar 2004) (United Kingdom)
This is the final report (319 pp.) of the Copyright and Licensing for Digital Preservation Project which ran from September 2002 to March 2004. This report includes an extensive literature review, chapters on digital publishing and digital collections, preservation activities and policies, rights issues of preservation copying, solutions to the rights issues of digital preservation and recommendations.
http://www.lboro.ac.uk/departments/ls/disresearch/CLDP/Project_reports
.htm
Links to this report and executive summary as well as other reports available from this URL
Section 108 Study Group Report : An Independent Report Sponsored by the United States Copyright Office and the National Digital Information Infrastructure and Preservation Program of the Library of Congress
Section 108 Study Group (Date Created: Mar 2008) (United States of America)
This report (212 p) describes in detail recommendations for changes to Section 108 of the U.S. Copyright law, which provides exceptions for libraries and archives to make copies of copyrighted works to replace or preserve works in their collection, in a digital environment.
http://www.section108.gov/docs/Sec108StudyGroupReport.pdf
Section 108 Study Group Report : Executive Summary
Section 108 Study Group (Date Created: Mar 2008) (United States of America)
This Executive Summary (14 p.) of the Section 108 Study Group Report details the Groups recommendations for changes to Section 108 of the U.S. Copyright law, which provides exceptions for libraries and archives to make copies of copyrighted works to replace or preserve works in their collection, in a digital environment.
http://www.section108.gov/docs/Sec108ExecSum.pdf

Top

Events

Creating Museum IP Policy in a Digital World - NINCH Copyright Town Meeting in conjunction with MCN Conference 2002
7 Sep 2002 , Hilton Toronto Hotel, Toronto, Ontario (Canada) Reviewed by: Creating Museum IP in a Digital World: NINCH Copyright Town Meeting Sept. 7th, 2002
http://www.ninch.org/copyright/2002/toronto.html
Digital Rights and Asset Management : Access and Preservation Forum
19 Oct 2006 , The Seminar Suite Glasgow Metropolitan College, 60 North Hanover Street, Glasgow
Digital Preservation Coalition (DPC)
(United Kingdom)
The forum will explore whether content is being locked away behind technical protection measures and ask how we can make content accessible while upholding the rights of intellectual property owners. The forum will also highlight digital preservation issues in order to ensuring long term accessibility of digital resources. Presentations available from the web site.
http://www.dpconline.org/events/digital-rights-and-asset-management-fo
rum.html
Open Access and Research Conference 2008
24 - 25 Sep 2008 , Brisbane, Queensland
Queensland University of Technology
(Australia)
This conference includes a range of topics such as evolving publishing models, repository management, e-Research, policy development, and legal and technical issues. Presentation slides and audio recordings available from the program page.
http://www.oar2008.qut.edu.au/
Third Nordic Conference on Scholarly Communication : Beyond Declarations - The Changing Landscape of Scholarly Communication
24 - 25 Apr 2006 , Star Hotel, Lund (Sweden)
Open Access Infrastructure, Intellectual Property Rights, Future financing of Scholarly publishing are some of the conference themes. Powerpoint presentations available from conference website.
http://www.lub.lu.se/ncsc2006/
WIPO International Workshop on Digital Preservation and Copyright
, Geneva, Switzerland World Intellectual Property Organisation (WIPO) (Switzerland)
WIPO, in cooperation with the International Digital Preservation and Copyright initiative (IDPC), organized this one-day workshop to survey recent developments and trends at the intersection of digital preservation and copyright. The workshop aimed to contribute to the debate among stakeholders and policy makers on how to develop and improve policies and practices that support digital preservation of copyrighted content. Presentations are available from the website.
http://www.wipo.int/meetings/en/2008/cr_wk_ge/

Top

Organisations and Websites

Safekept
Historical Copyright and Licensing for Digital Preservation Home Page : CLDP Project
Loughborough University (Last Updated: 10 Mar 2004) (United Kingdom)
"The aim of the Copyright and Licensing for Digital Preservation (CLDP) research project is to investigate whether copyright legislation and licensed access to digital content threaten the ability of libraries to provide long-term access to that content and to suggest ways in which the problems can be overcome." The web site also provided links to the discussion paper "Copyright and Licensing for Digital Preservation project" and questionnaires which aimed to gauge the awareness of stakeholders of digital preservation issues and detail and identify any problems in this area.
http://www.lboro.ac.uk/departments/ls/disresearch/CLDP/index.htm
Copyright Matters : Information Sheets
Murdoch University (Regularly Updated) (Australia)
Written for staff and students at Murdoch University (Western Australia), these information sheets cover a wide variety of topics including 'Copying Text and Images from the Internet', 'Making Handouts for In-Class Teaching', and 'WebCT and Copyright Protected Material'. There are also summaries of general copyright information targeted toward the needs of particular groups (such as library staff).
http://www.murdoch.edu.au/copyright/infosheets.html
Safekept
Historical Digital Millennium Copyright Act Study
United States Copyright Office, Library of Congress (Date Created: 12 Sep 2001) (United States of America)
This web page provides links to the executive summary and full report of the US Copyright Office, Library of Congress, regarding the US Digital Millennium Copyright Act (DMCA). Other links also include public and reply comments and the Digital Millennium Copyright Act.
http://www.copyright.gov/reports/studies/dmca/dmca_study.html
Digitization & Preservation Online Resource Center
OCLC (Date Created: 2003)
This web site contains a collection of resources relating to digital preservation issues and initiatives, particularly on those relevant to digitisation projects, including links to copyright, preservation (both traditional and digital) and digitisation workshops and international activities in these areas.
http://digitalcooperative.oclc.org
DOI System: Developed by The International DOI Foundation (IDF)
International DOI Foundation (Regularly Updated)
This is the website of the International Digital Object Identifier Foundation.The DOI is an identification system for intellectual property in the digital environment. Developed by the International DOI Foundation on behalf of the publishing industry, its goals are to provide a framework for managing intellectual content, link customers with publishers, facilitate electronic commerce, and enable automated copyright management. The website includes factsheets, news, publications including the DOI handbook and DOI System Tools.
http://www.doi.org/
Information Sheets : Australian Copyright Council
Australian Copyright Council (Regularly Updated) (Australia)
The Australian Copyright Council publishes information sheets covering many aspects of copyright law. Each publication is intended to provide a general overview. Topics include art, photography and design, education & teaching, film, video, multimedia & TV, and music and performing arts. The Council also publishes introductory information about copyright in general.
http://www.copyright.org.au/information
Safekept
Legal Deposit System Council
National Diet Library (Japan) (Regularly Updated) (Japan)
The purpose of the Council, an advisory panel of outside experts to the Librarian of the Japanese National Diet Library (NDL), is to contribute to the improvement and proper management of the Japanese legal deposit system. Currently the NDL is making preparations for amending the legal deposit system in order to follow the recommendations from the 1999 report titled ‘What the Japanese legal deposit system should be at the approach to the 21st century, focused on publications by electronic media’, which found that CD-ROMS and other electronic publications which fixate information in physical media should be treated as print material under the same legal deposit, while networked electronic material should be excluded from the same legislation and acquired on a contract basis.
http://www.ndl.go.jp/en/aboutus/deposit_council_book.html
Historical National Initiative for a Networked Cultural Heritage (NINCH)
National Initiative for a Networked Cultural Heritage (NINCH) (Last Updated: 2004) (United States of America)
NINCH aimed to ensure the full participation of the cultural sector in the new digitally networked environment. This site was a source of news, announcements of meetings and conferences and further resources.
http://www.ninch.org/
Section 108 Study Group
Library of Congress (Regularly Updated) (United States of America)
The Section 108 Working Group was sponsored by the National Digital Information Infrastructure and Preservation Program (NDIIPP) and the U.S. Copyright Office, both part of the Library of Congress. The purpose of this group was to recommend changes to the US copyright law that recognise the need for exceptions to the law for libraries and archives in the digital age. This is especially important for the collection, preservation and accessibility of born digital material. The website has links to the relevant section of the Act as well as background papers findings and recommendations on how to revise the copyright law in order to ensure an appropriate balance among the interests of creators and other copyright holders, libraries and archives. The final report was released in March 2008.
http://www.loc.gov/section108/
TrustDR: Trust in Digital Repositories
TrustDR (Last Updated: 2007) (United Kingdom)
The TrustDR project aimed to examine the practical issues in setting up digital rights management systems (DRM) in repositories of digital learning objects. It was a 2 year project (June 2005 to May 2007) led by Ulster University and funded by JISC as part of the Digital Repositories Programme. The website includes analysis and links to useful papers, reports relevant to IPR in digital repositories in the UK HE sector.
http://trustdr.ulster.ac.uk/index.php

Top

Policies, Strategies & Guidelines

Australia-United States Free Trade Agreement - Changes To Australian Copyright Law
Australia. Attorney-General's Dept. (Last Updated: 26 Apr 2005) (Australia)
The site provides an overview of the main changes to Australian copyright law in the wake of the Australia-United States Free Trade Agreement (AUSFTA). There are also individual information sheets covering topics such as 'New Performers' Rights in Sound Recordings', 'Extension of Copyright Term', and 'Electronic Rights Management Information'.
http://www.ag.gov.au/www/agd/agd.nsf/Page/Publications_Australia-Unite
dStatesFreeTradeAgreement-changestoAustraliancopyrightlaw-March2005
Safekept
Historical Cedars Guide to Intellectual Property Rights
University of Leeds (Date Created: Mar 2002) (United Kingdom)
One of a series of guides produced by the Cedars project, this publication introduces intellectual property rights issues as they relate to digital preservation. In particular, it provides a discussion of copyright law in the UK and the European Union and some recommendations to institutions acquiring digital materials and those preserving them.
http://www.webarchive.org.uk/wayback/archive/20050410120000/http://www
.leeds.ac.uk/cedars/guideto/ipr/index.html
Archived by the UK Web Archive
Copyright Issues Relevant to Digital Preservation and Dissemination of Pre-1972 Commercial Sound Recordings by Libraries and Archives
Besek, June M. (Date Created: Dec 2005) (United States of America)
This report was undertaken by CLIR (Council on LIbrary and Information Resources) on behalf of the Library of Congress and the National Recording Preservation Board. Focussing on United States copyright law, this report addresses the question of what libraries and archives are legally empowered to do to preserve and make accessible for research their holdings of pre-1972 commercial recordings, which is not protected by federal copyright law but governed by state laws. The main topics discussed are US copyright law and various state laws, digital preservation and dissemination of sound recordings and technological protection issues. It is hoped that this publication will help in establishing a national audio preservation plan.
ISBN: 9781932326239
http://www.clir.org/pubs/reports/pub135/contents.html
Historical Copyright Law In Australia : A Short Guide
Australia. Attorney-General's Dept. (Date Created: Jun 2005) (Australia)
This archived version of this guide seeks to provide plain-English answers to frequently asked copyright questions. The content is targeted toward non-specialist readers. Questions include 'What is copyright?', 'What does copyright protect?', 'When is copyright infringed?', and 'How can copyright rights be enforced?'. It also provides links to other organisations dealing with copyright in Australia such as the Australian Copyright Council and IP Australia. More recent information available from the Attorney General's website.
http://pandora.nla.gov.au/pan/37952/20070206-0000/www.ag.gov.au/www/ag
d/agd.nsf/Page/Publications_CopyrightlawinAustralia-Ashortguide-June20
05.html
See http://www.ag.gov.au/www/agd/agd.nsf/Page/Copyright for more recent information.
Safekept
Historical Copyright Law Review Committee: Copyright and Contract
Copyright Law Review Committee (Last Updated: 15 Oct 2002) (Australia)
A report on the relationship between copyright and contract in the digital environment under Australian Law and whether online materials and new technologies are altering the copyright balance with reference to the exceptions established in the Copyright Act 1968.
http://www.ag.gov.au/www/agd/agd.nsf/Page/Copyright_CopyrightLawReview
Committee_CLRCReports_CopyrightandContract_CopyrightandContract
Copyright Matters : Information Sheets
Murdoch University (Regularly Updated) (Australia)
Written for staff and students at Murdoch University (Western Australia), these information sheets cover a wide variety of topics including 'Copying Text and Images from the Internet', 'Making Handouts for In-Class Teaching', and 'WebCT and Copyright Protected Material'. There are also summaries of general copyright information targeted toward the needs of particular groups (such as library staff).
http://www.murdoch.edu.au/copyright/infosheets.html
Historical Digital Rights Management : Final Report
Barker, Ed; Douglas, Peter; Duncan, Charles; Morrey, Martin; Waelde, Charlotte (Date Created: 22 Nov 2004) (United Kingdom)
Although written for the UK higher education sector, this comprehensive report (82 p. plus appendices 98 p.) is relevant to an international audience. The report describes a DRM process covering recognition, assertion, expression, dissemination, exposure and enforcement of rights. A discussion of each stage is informed by an analysis of the needs of users and options are outlined for meeting requirements. The report views DRM within an academic context as an enabling rather than a restrictive mechanism. DRM is intended to provides a way for people to 'work as freely as possible in the knowledge that they are both working within the bounds of the law of copyright and respecting the rights of others' (p.9).
http://www.intrallect.com/drm-study/
Final report and appendices available in pdf format
Historical Guidelines for Commonwealth Information Published in Electronic Formats
Commonwealth of Australia (Last Updated: Jan 2000) (Australia)
The aim of this document (126 p.) is to provide guidelines which enable Australian Government agencies to fulfill their legal obligations, which include preserving Commonwealth documentary records for future access as routine work practice. This document was superseded in part by the Australian Government Web Publishing Guide, which helps agencies to manage their websites, and to identify their legal and policy obligations.
ISBN: 0-642-39895-X
http://pandora.nla.gov.au/pan/24804/20031107-0000/www.noie.gov.au/publ
ications/NOIE/info_access_network/master_jan2000_guidelines_pdf.pdf
Information Sheets : Australian Copyright Council
Australian Copyright Council (Regularly Updated) (Australia)
The Australian Copyright Council publishes information sheets covering many aspects of copyright law. Each publication is intended to provide a general overview. Topics include art, photography and design, education & teaching, film, video, multimedia & TV, and music and performing arts. The Council also publishes introductory information about copyright in general.
http://www.copyright.org.au/information
Managing IPR in Digital Learning Materials: A Development Pack for Institutional Repositories
Casey, John ; Proven, Jackie; Dripps, David (Date Created: 2007) (United Kingdom)
This package is an output of the TrustDR: Trust in Digital Repositories project led by the University of Ulster and funded by JISC 2005-2007. It is intended as a training and development tool for individuals and organisations and covers IPR and risk management in the UK HE digital repositories.
http://trustdr.ulster.ac.uk/outputs.php
Safekept
Historical National strategy for provision of access to Australian electronic publications : a National Library of Australia position paper
National Library of Australia (Last Updated: 21 Dec 1998) (Australia)
This paper proposes a national strategy to provide access to Australian electronic publications. Its purpose is to invite comment which may lead to collaborative approaches to resolving the many challenges associated with providing current and longer-term access to electronic material.
http://www.nla.gov.au/policy/paep.html
Policy on the Use of Australian CD-ROMs and Other Electronic Materials Acquired by Deposit
National Library of Australia (Last Updated: Nov 2001) (Australia)
This statement sets out the policy of the National Library of Australia towards CD-ROMs and other electronic materials acquired by the Library by voluntary deposit. The conditions outlined here are used to form the basis of a formal agreement to be entered into with depositors when they deposit their publications in electronic format.
http://www.nla.gov.au/policy/cdrom.html
Version 2.0
QA Focus Briefing Documents : Legal
UK Office for Library and Information Networking (Last Updated: 18 May 2006) (United Kingdom)
This series of briefing papers is targeted toward the further and higher education sector. Although written for the UK the issues are of relevance to an international audience. (Specific legal requirements may differ between jurisdictions). Separate titles provide introductions to topics such as intellectual property rights, rights clearance on the internet, protecting rights with a licence agreement, choosing alternative licences for digital content, and creative commons licensing. Each paper includes links to more detailed information provided by other organisations.
http://www.ukoln.ac.uk/qa-focus/documents/briefings/#legal
Statement on the Application of Digital Rights Management Technology to Public records
Australasian Digital Recordkeeping Initiative (ADRI) (Date Created: 06 Aug 2008) (Australia; New Zealand)
This position statement was developed by the Australasian Digital Recordkeeping Initiative (ADRI) and endorsed by the Council of Australasian Archives and Records Authorities (CAARA), to ensure records access and disposal provisions of the various archives and records legislation in different jurisdictions are not undermined by the application of Digital Rights Management (DRM) technology to public records.
http://www.adri.gov.au/products/ADRI-2008-001-v1.0.doc
Version 1.0
Safekept
Historical Towards Collection Management Guidance
Weinberger, Ellis (Date Created: 01 Jun 2000) (United Kingdom)
This CEDARS document contains guidelines for the modification of collection management policies to help ensure preservation of digital objects.
http://www.webarchive.org.uk/wayback/archive/20050409230000/http://www
.leeds.ac.uk/cedars/colman/CIW02r.html
Archived by UKWAC
Understanding Open Access in the Academic Environment : A Guide for Authors
Pappalardo, Kylie (Date Created: Jun 2008) (Australia)
This guide aims "to provide academic authors with an overview of the concept of and rationale for open access to research outputs and how they may be involved in its implementation and with what effect. It considers the central role of copyright law and publishing agreements in structuring an open access framework as well as the increasing involvement of funders and academic institutions. The Guide also explains different methods available to authors for making their outputs openly accessible, such as publishing in an open access journal or depositing work into an open access repository."
http://eprints.qut.edu.au/14200/3/Understanding_Open_Access_in_an_Acad
emic_Environment-_A_Guide_for_Authors_%5Bweb_version%5D.pdf
Historical WIPO Copyright Treaty
World Intellectual Property Organization (Date Created: 23 Dec 1996)
The WIPO Copyright Treaty of 1996 was developed in recognition of the need for copyright provisions to be extended to digital information. It establishes the same copyright exemptions for digital information as outlined in the Berne convention.
http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html
© The Way Ahead; A strategy for Copyright In the Digital Age
Intellectual Property Office (Date Created: Oct 2009) (United Kingdom)
This document (54 p.) considers the way forward for copyright in the UK in the light of developments in digital technologies. It draws on recent work including the Gowers Review of Intellectual Property in 2006, the Digital Britain report (2009) and Creative Britain (2008). It includes background information, details of how the strategy was developed, recommendations and actions.
http://www.ipo.gov.uk/c-strategy-digitalage.pdf

Top

Projects and Case Studies

Historical CAMiLEON : BBC Domesday
CAMILEON (Creative Archiving at Michigan and leeds: Emulating the Old on the New)
This page provides an overview of CAMiLEON's Domesday Project, which uses the BBC's 1986 Domesday Project as a test case for the implementation and development of emulation strategies for the preservation of digital material. The Domesday Project is a multimedia digital project originally produced on 12" video discs. It was intended that future generations would view this resource. It as chosen as a prime test case because it is in danger of loss through technological obsolescence, and represents challenges in terms of scale, complexity and intellectual property rights. The article includes FAQ's, technical and property rights issues and screenshots of the emulator in action.
http://www.webarchive.org.uk/wayback/archive/20080408134815/http://www
.si.umich.edu/CAMILEON/domesday/domesday.html
Archived by UK Web Archive
Safekept
Historical Copyright and Licensing for Digital Preservation Home Page : CLDP Project
Loughborough University (Last Updated: 10 Mar 2004) (United Kingdom)
"The aim of the Copyright and Licensing for Digital Preservation (CLDP) research project is to investigate whether copyright legislation and licensed access to digital content threaten the ability of libraries to provide long-term access to that content and to suggest ways in which the problems can be overcome." The web site also provided links to the discussion paper "Copyright and Licensing for Digital Preservation project" and questionnaires which aimed to gauge the awareness of stakeholders of digital preservation issues and detail and identify any problems in this area.
http://www.lboro.ac.uk/departments/ls/disresearch/CLDP/index.htm
Copyright Investigation Summary Report
Arcolio, Arnold; Malpas, Constance; Proffitt, Merrilee (Date Created: Mar 2008) (United States of America)
This report summarises interviews of 8 RLG partner institutions held between August and September 2007 regarding their current methods of obtaining copyright permissions for mass digitization projects or access to digitized materials.
http://www.oclc.org/programs/publications/2008-01.pdf
Copyright Resources Project
University of California Berkeley (Last Updated: 2006) (United States of America)
The aim of this project was to develop innovative approaches to working with copyright-protected digital documents. This project was undertaken by the Pacific Film Archive of the University of California. The purpose of this project was to provide access to the research into working with copyright-protected materials in a digital environment and to provide guidelines and resources. The project ran from 2002 to 31 March 2006. It includes a useful copyright toolbox http://www.bampfa.berkeley.edu/copyright_project/copyritetoolbox/copyritetoolbox.php.
http://www.bampfa.berkeley.edu/copyright_project/
Development of a Rights Management System for the National Library of Australia's Collections
Henderson, Sandra; Matthew Walker (Date Created: 06 Feb 2008) (Australia)
This paper describes development of a Rights Management System (RMS) at the National Library of Australia. While the RMS was developed as a module of the digital collections management system, it was recognised that the need for a RMS would not be limited to digital collections.
http://www.valaconf.org.au/vala2008/papers2008/112_Henderson_Final.pdf
Available as PDF from VALA 2008: Libraries changing spaces, virtual places Conference Program
Long-term Preservation of the Digital Heritage: A Case Study of Universities Institutional Repositories = La conservazione a lungo termine del patrimonio digitale: il caso degli archivi istituzionali delle università
Duranti, Luciana (Date Created: Jun 2010) (Canada)
This article (in English with abstract in Italian) discusses authenticity of digital records, rights managment, and long-term preservation strategies in university repositories using a case study of the Interpares3 project based on "cIRcle" an institutional repository at the University of British Columbia (UBC) which uses the DSpace repository software.
http://leo.cilea.it/index.php/jlis/article/viewArticle/12
JLIS.it., ISSN: 2038-1026, Vol.1, no.1 (giugno 2010), p. 157–168. DOI: 10.4403.it/jlis-12
Historical Management of Networked Electronic Publications: A Table of Status in Various Countries
Martin, Elizabeth (Last Updated: Nov 2001)
A comparison of national libraries in sixteen countries (November 2001) on matters of deposit legislation and arrangements, approach and policy, plans, negotiations with publishers, access arrangements and implementation for networked electronic publications.
http://epe.lac-bac.gc.ca/100/206/301/lac-bac/consultation_online_publi
cations-ef/8/7/r7-100-e.html
Also available in PDF and RTF. Available in French at http://nlc-bnc.ca/obj/r7/f2/r7-100-f.pdf
Safekept
Historical Project RoMEO
Project RoMEO,Department of Information Science, Loughborough University (Last Updated: 2003) (United Kingdom)
The RoMEO Project (Rights MEtadata for Open archiving) was funded by the Joint Information Systems Committee for one year (1 August 2002 - 31 July 2003) to investigate the rights issues surrounding the 'self-archiving' of research in the UK academic community under the Open Archive Initiative's Protocol for Metadata Harvesting. The Project's aims included the development of a set of interoperable rights elements using existing schemas, stakeholder surveys to ascertain rights issues unique to research self-archived under OAI and the development of guidelines on how the metadata elements may be used by authors and how they appear to the end user.
http://www.lboro.ac.uk/departments/ls/disresearch/romeo/index.html
Section 108 Study Group
Library of Congress (Regularly Updated) (United States of America)
The Section 108 Working Group was sponsored by the National Digital Information Infrastructure and Preservation Program (NDIIPP) and the U.S. Copyright Office, both part of the Library of Congress. The purpose of this group was to recommend changes to the US copyright law that recognise the need for exceptions to the law for libraries and archives in the digital age. This is especially important for the collection, preservation and accessibility of born digital material. The website has links to the relevant section of the Act as well as background papers findings and recommendations on how to revise the copyright law in order to ensure an appropriate balance among the interests of creators and other copyright holders, libraries and archives. The final report was released in March 2008.
http://www.loc.gov/section108/
TrustDR: Trust in Digital Repositories
TrustDR (Last Updated: 2007) (United Kingdom)
The TrustDR project aimed to examine the practical issues in setting up digital rights management systems (DRM) in repositories of digital learning objects. It was a 2 year project (June 2005 to May 2007) led by Ulster University and funded by JISC as part of the Digital Repositories Programme. The website includes analysis and links to useful papers, reports relevant to IPR in digital repositories in the UK HE sector.
http://trustdr.ulster.ac.uk/index.php

Top

Journals & Newsletters

Copyright and New Media Law Newsletter: for Librarians and Information Specialists
Harris, Lesley Ellen (Regularly Updated)
This is a print newsletter, with subscription information and contents of previous issues available from the Internet site. The subscription includes e-mail alerts and an e-letter, Copyright & New Media Legal News. There is international coverage of a range of topics relating to copyright in the digital environment. Previous issues have included articles on: Crown Copyright in Canada; WIPO Digital Treaties Update; Copyright Collectives and Libraries; Developments in the UK and EU. Further information on related publications available from related blog http://copyrightlaws.com/
http://www.acteva.com/booking.cfm?bevaID=135507
E-letter archived by Library and Archives Canada at http://epe.lac-bac.gc.ca/100/201/300/copyright/

Top

Discussion Lists

Historical Coalition CNI-COPYRIGHT Forum
Coalition for Networked Information (Last Updated: Feb 2007)
This was a general list for copyright and intellectual property issues. It includes discussion of intellectual property in the digital environment. As of 23 Feb 2007 ownership of the list-serv was transferred to American University and this list discontinued. It was replaced by PJIP-COPYRIGHT. Archives of the Coalition CNI-COPYRIGHT Forum are available with the PJIP-Copyright archives.
http://www.cni.org/Hforums/cni-copyright/
DIGITAL-COPYRIGHT
University of Maryland University College, Centre for Intellectual Property (United States of America)
A discussion list providing a forum for all those with an interest in technologies, laws and policies in the digital arena that impact on higher education. Subscription instructions are provided.
http://www.umuc.edu/distance/odell/cip/listserv.html
LIBLICENSE-L Mailing List
Liblicense : Yale University Library (Regularly Updated)
This is a "moderated list for the discussion of issues related to the licensing of digital information by academic and research libraries... designed to assist librarians and others concerned with the licensing of information in digital format and in dealing with some of the unique challenges faced by this new medium." List archive available.
http://www.library.yale.edu/~llicense/mailing-list.shtml

Top

Surveys

Historical Digital Preservation : Awareness, Responsibility and Rights Issues
Muir, Adrienne (Date Created: 2004) (United Kingdom)
This article reports on the first phase of the Copyright and Licensing for Digital Preservation research project. The project aims to ascertain to what extent copyright legislation and licensed access to digital content affects the digital preservation efforts of libraries in the UK. The project methodology includes survey questionnaires, literature reviews, face to face interviews and a seminar. This report analyses the results of the first two methodologies.
http://jis.sagepub.com/cgi/content/abstract/30/1/73
Journal of Information Science, Vol. 30, no.1 (2004), ISSN 0165-5515, pp. 73-92.
Historical Intellectual Property on the Internet: A Survey of Issues
Office of Legal and Organization Affairs, World Intellectual Property Organization (WIPO) (Date Created: Dec 2002)
A report (140pp)of a survey by the World Intellectual Property Organization (WIPO) addressing the impact on intellectual property of information and communications technology, the evolving digital economy and transition to the internet. The survey focusses on progress and developments in the areas of copyright, trademarks, patents, domain names, private international law and dispute resolution, as well as concerns facing developing countries in e-development.
ISBN: 92-805-1143-6
http://www.wipo.int/copyright/en/ecommerce/ip_survey/
Available for puchase in print from WIPO Electronic Bookshop or free download
Safekept
Historical International Survey of Archival, Preservation and Related Clauses in Copyright Law
Norris, Michael (Date Created: 03 Feb 2004)
This survey, which is part of the Copyright and Licensing for Digital Preservation Project, identifies clauses in the copyright laws of 25 countries that allow copying for preservation. It also identifies those clauses that hinder this process. The survey is restricted to principal legislation and does not cover amendments. The survey results are presented in tabular form.
http://www.lboro.ac.uk/departments/ls/disresearch/CLDP/DOCUMENTS/Copyr
ight%20survey.doc
Historical Management of Networked Electronic Publications: A Table of Status in Various Countries
Martin, Elizabeth (Last Updated: Nov 2001)
A comparison of national libraries in sixteen countries (November 2001) on matters of deposit legislation and arrangements, approach and policy, plans, negotiations with publishers, access arrangements and implementation for networked electronic publications.
http://epe.lac-bac.gc.ca/100/206/301/lac-bac/consultation_online_publi
cations-ef/8/7/r7-100-e.html
Also available in PDF and RTF. Available in French at http://nlc-bnc.ca/obj/r7/f2/r7-100-f.pdf
Protection for Pre-1972 Sound Recordings Under State Law and Its Impact on Use by Nonprofit Institutions: A 10-State Analysis
Program on Information Justice and Intellectual Property Washington College of Law, American University (Date Created: Sep 2009) (United States of America)
This report (101 p.) was commissioned for and sponsored by the National Recording Preservation Board, Library of Congress and prepared by the Program on Information Justice and Intellectual Property Washington College of Law, American University. It examines the criminal and civil laws of 10 US states, as well as judicial decisions and common law, pertaining to sound recordings fixed before 1972.
ISBN: 9781932326345
http://www.clir.org/pubs/reports/pub146/contents.html
CLIR Report Pub 146. Available in HTML and PDF and purchase in hardcopy.

Top


Related Topics: Data documentation & standards | Digital Preservation Tools | Digital libraries | Digital records | Digitisation | Formats & Media | General Resources | ICADS (IFLA-CDNL Alliance for Digital Strategies) | Issues | Management | National Approaches | Strategies

Home | About | Search | Browse topics | Feedback | Contributions | What's New?
NATIONAL LIBRARY OF AUSTRALIA,
Canberra, ACT 2600, AUSTRALIA
Telephone + 61 2 6262 1111; Facsimile +61 2 6257 1703;
Telephone Typewriter Number: 1800 026 372