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November 8, 2003
Copyright & the Networked Computer 1
Institutions in the Middle
David Green
Cultural Consultant for Digital Affairs
The NINCH Copyright Town Meetings (1997-2003) / The Two Sides of Digital Rights Management
November 8, 2003
Copyright & the Networked Computer 2
National Initiative for a Networked Cultural Heritage
a diverse coalition of organizations
created to assure leadership from the
cultural community in the evolution of
the digital environment
100 associations & institutions
U.S.-based but international interests
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Copyright & the Networked Computer 3
NINCH Missioneducate policymakers, the cultural community and the public about the issues …
create a platform for the community to collaborate in sharing ideas, resources, experience and research…
provide a framework to develop and advance projects, programs and partnerships to benefit the cultural community.
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Copyright & the Networked Computer 4
PROGRAM
INFORMATION EXCHANGE/EDUCATION
NINCH-Announce listserv
Copyright Town Meetings <www.ninch.org/copyright>
Practical Symposia (Price of Digitization <www.ninch.org/forum/price.html>
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Copyright & the Networked Computer 5
PROGRAM
TOOLS FOR TODAY International Database of Digital
Humanities Projects Guide to Good Practice in the Digital
Representation and Management of Cultural Heritage Materials <www.ninch.org/guide>
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Copyright & the Networked Computer 6
PROGRAM (cont.)
FUTURE ENVIRONMENTS I.P. Action Agenda New Economic Models for Libraries & Museums Computer Science & the Humanities
<www.ninch.org/programs/science/> “Intellectual Needs Shaping Technical Solutions”
National Academies Roundtable (March, 1997) Building Blocks Workshop (Sept 2000) CS & H Conference Series (Jan. 2003)
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Copyright & the Networked Computer 7
Sustainability of DCHIs
<http://www.clir.org/pubs/ reports/pub118/pub118.pdf>
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Copyright Town Meetings (1997-2003)
Cross-community copyright education tool
Mixed audiences
Copyright Basics+; Specific Theme; Open
Discussion
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Copyright Town Meetings 2000 www.ninch.org/copyright
Chicago (Public Domain) Chicago Historical Society
Syracuse (Access and Ownership) Syracuse University
New York (Access and Ownership) College Art Conference
Chapel Hill (Copyright & Distance Education) UNC Libraries
San Francisco (Public Domain) VRA Conference
Baltimore (Public Domain) AAM Conference
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Copyright & the Networked Computer 10
Copyright Town Meetings 2001 www.ninch.org/copyright
Chicago (Licensing & Scholarship) College Art Conference
Houston (New relationships: owners & users; open source) Rice University
Denver (Owners & Users) Colorado Digitization Project
New York (Owners & Users; Media Issues) NYPL
Cincinnati (Licensing) Museum Computer Network Conf
Eugene (Creating IP Policy in the University) Univ. of Oregon
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Copyright & the Networked Computer 11
Copyright Town Meetings 2002 www.ninch.org/copyright
Saint Louis (Licensing & Public Domain) VRA/CAA
Conference
Atlanta (Media Issues ) Georgia Tech
Toronto (Creating IP Policy in the Museum) Museum
Computer Network Conference
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Copyright Town Meetings 2003 www.ninch.org/copyright
New York (Digital Publishing) College Art Conference
Cleveland (Copyright for Artists & their Public )
Cleveland Museum of Art
Portland (Creating Museum IP Policy) AAM/CHIN
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Copyright & the Networked Computer 13
Copyright Town Meetings Overall
Reports: www.ninch.org/copyright/2001/report.pdf www.ninch.org/copyright/2000/2000report.pdf
From Information Sharing & Problem Solving to Strategizing to Policy Making and Action Agenda
Towards a more inclusive approach (owners & users; “we’re all in this together”)
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Museums
Stephen Weil, “Fair Use/Museum Use: Is There an overlap?” Visual Resources, Vol. 12, nos. 3-4, 1997
Michael Shapiro and Brett Miller, A Museum Guide to Copyright and Trademark. Washington, D.C., 1999: American Association of Museums.
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Understanding of complexity and need for discrimination
Susan Chun: “Museums are, at the same time, rights
holders and administrators, authors, scholars, librarians, and publishers.”
There’s room at the table “for scholars and art historians to help formulate new approaches and standards…. Join with us in formulating a new strategy for making our content available to you.”
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Digital Rights Management
Not just Access Control
DRM encompasses a broad array of technologies that describe all forms of rights and rights uses of a property, identify, trade, protect, monitor and track them and manage the intricate web of relationships between them.
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DRM Value-Chain
IP Asset Creation/Capture
IP Asset Management
Contracts Management
Financial Clearing
Asset Protection/Asset Usage
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Copyright & the Networked Computer 18
Digital Rights Management
W3C Workshop on Digital Rights Management, 2001
<www.w3.org/2000/12/drm-ws/workshop-report.html>
Not just access-control Include the users Ensure balance
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Copyright & the Networked Computer 19
Digital Rights Management
ALA/AAP White Paper: F. Hill Slowinski, “What Consumers Want
in Digital Rights Management (DRM): Making Content as Widely Available as Possible In Ways that Satisfy Consumer Preferences” (March 2003) <dx.doi.org/10.1003/whitepaper1>
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ALA/AAP DRM White Paper
“Systems and technologies that manage rightsholders concerns and that permit a myriad of legitimate uses and identified consumer behaviors are simply either not being implemented or do not exist – so users are frustrated by restrictive technical mechanisms applied because their intended uses, while predictable, permissible and acceptable, are inadequately accommodated by the technology.”
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Digital Rights ManagementIndigenous Collections Management Project Collaborative Project of DSTC (Australia) and
Smithsonian Institution <metadata.net/ICM/>
J. Hunter, “Rights Markup Extensions for the Protection of Indigenous Knowledge,” W3C Conference, 2002<archive.dstc.edu.au/IRM_project/paper.htm>
J. Hunter, B.Koopman, J. Sledge, "Software Tools for Indigenous Knowledge Management," Museums and the Web 2003, Charlotte, March 2003
<archive.dstc.edu.au/IRM_project/software_paper/IKM_software.pdf>
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Indigenous Knowledge Management
Tools described “enable authorized members of communities to:
define and control the rights, accessibility and reuse of their digital resources;
uphold traditional laws pertaining to secret/sacred knowledge or objects;
prevent the misuse of indigenous heritage in culturally inappropriate or insensitive ways;
ensure proper attribution to the traditional owners; and enable indigenous communities to describe their
resources in their own words.”
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Federated Digital Rights Management Project
DRM for the Research & Education community www.dlib.org/dlib/july02/martin/07martin.html
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Federated Digital Rights Management Project
DRM Solutions required by R&E include: accommodating the highly collaborative and distributed aspect of many R&E activities; supporting fair use of copyrighted materials for educational purposes; supporting granular and differential access to resources; preventing misuse of resources; insuring the integrity of resources; and interoperating with existing and emerging infrastructure.”
