Rights Management and Educational RepositoriesCharles DuncanC.Duncan@intrallect.com

Why bother?

• Copyright has always existed– What is different in the digital age?

• Are repositories particularly affected?

• Reasons for reluctance to share– Need to define/project terms and

conditions

– Need to handle other people’s rights properly

• Solutions?

Case study (to be published by Becta)• IVINURS (International Virtual Nursing

School)• Problem – reluctance to deposit in

repository (intraLibrary)• Solution – Selection of five licences

– Creative Commons (modify and no-modify)– IVINURS only (modify and no-modify)– Terms and conditions for web resources

• Result – enhanced deposit• Supplementary problem – no enhanced use?

– IVINURS licences are used but are not Common

Six-stage model

Recognition of rights

Assertion of rights

Expression of rights

Dissemination of rights

Exposure of rights

Enforcement of rights

DRMPolicyCreation

DRMPolicyProjection

Recognition of rights

DRMPolicyCreation

DRMPolicyProjection

Recognition of rights

Assertion of rights

Expression of rights

Dissemination of rights

Exposure of rights

Enforcement of rights

Who, Which, Uses

• staff, employers and suppliers (e.g. publishers) all need to be aware of who the rights holders are,

• which rights are concerned (e.g. copyright, moral rights, database rights)

• extent to which some rights might be relaxed to permit certain uses “All rights reserved” v. “Some rights reserved”

Assertion of rights

DRMPolicyCreation

DRMPolicyProjection

Recognition of rights

Assertion of rights

Expression of rights

Dissemination of rights

Exposure of rights

Enforcement of rights

Legal framework

• a legal framework in which rights holders can assert their rights in a form that is defendable under law

• Copyright – automatic

• Database rights1 – automatic in EU

• Moral rights – vary between countries

• Permitted uses – requires licences

• 1“obtaining, verification and presentation”

Licences

• Permitted uses and exclusions

• Get a lawyer to draw up a licence

• Use an existing licence– Creative Commons licences

– GPL (General Public Licences)

Permitted uses

• Render/Usage– display, print, play, execute

• Derivative/Reuse– modify/edit, excerpt/extract, annotate,

aggregate/embed

• Transport/Transfer– sell, lend/loan, give, lease, move/transfer,

duplicate/copy

• Utility/Asset management– backup, install, delete, verify, restore,

uninstall, save/export

Constraints

• Attribution – recognition of authorship• Location – geographic (e.g. Slovenia

only, .ac.uk domain only)• Duration – time-limited• Type of user – teachers, students, medics, …• Communities – European teachers, EdReNe

members• Number of users• Non-commercial only/ Education only• Properties – e.g. image resolution, file format• Sharealike – when redistribution is permitted

Choose licence(s)

• Most common requirements:– Attribution

– Closed/Open Community

– Modify/No derivatives

– Commercial/Non-commercial/Educational

• Suggests one licence will not do but probably needs no more than about six

Expression of rights

DRMPolicyCreation

DRMPolicyProjection

Recognition of rights

Assertion of rights

Expression of rights

Dissemination of rights

Exposure of rights

Enforcement of rights

Statements

• Copyright or licence statement

• Link between digital object and statement

• Format of statement:– Human readable

– Lawyer readable

– Machine readable (rights expression languages)

Human Readable

Lawyer-readable

Machine readable

<a rel="license" href="http://creativecommons.org/licenses/by-nc-sa/2.5/scotland/">

<img alt="Creative Commons License" style="border-width:0" src="http://i.creativecommons.org/l/by-nc-sa/2.5/scotland/88x31.png" /></a>

<br />This work is licenced under a <a rel="license" href="http://creativecommons.org/licenses/by-nc-sa/2.5/scotland/">Creative Commons Licence</a>.

- <o-ex:permission o-ex:id="http://creativecommons.org/licenses/by-nc-nd/2.0/">

  <o-dd:display />

  <o-dd:print />

  <o-dd:play />

  <o-dd:execute />

  <o-dd:annotate />

  <o-dd:aggregate />

  <o-dd:give />

 

Digital Rights Expression Languages• Digital Rights Expression Languages (DRELs)• Examples

– XrML1 (eXtensible rights Markup Language)– ISO REL (based on XrML)– ODRL (Open Digital Rights Language)– METSRights (Metadata Encoding Transmission Standard)

• Benefits– Machine readable/searchable– Common basis on which to compare licences– Can be embedded with digital objects

1 Patent owned by ContentGuard (Xerox/Microsoft)

End of DRM Policy Creation

• Primarily internal decisions completed

• DRM Policy projection is mostly about external considerations

Dissemination of rights

DRMPolicyCreation

DRMPolicyProjection

Recognition of rights

Assertion of rights

Expression of rights

Dissemination of rights

Exposure of rights

Enforcement of rights

Searchable rights

• Repositories make information about their digital objects searchable by making the metadata searchable (SRU/SRW) and harvestable (OAI-PMH)

• Expose rights information through these searchable mechanisms

• Expose rights information to search engines (currently only Creative Commons recognised)

Harvested or federated search

Expose through SRU searches

Search engines (CC only)

Exposure of rights

DRMPolicyCreation

DRMPolicyProjection

Recognition of rights

Assertion of rights

Expression of rights

Dissemination of rights

Exposure of rights

Enforcement of rights

Recognising rights

• Usable at the point of discovery?

• Can you immediately recognise what rights are permitted:– By reading a licence agreement (?)

– By recognising the name of the licence and knowing its conditions (common licences)

– By recognising symbols that are widely used

Enforcement of rights

DRMPolicyCreation

DRMPolicyProjection

Recognition of rights

Assertion of rights

Expression of rights

Dissemination of rights

Exposure of rights

Enforcement of rights

Enforcement

• Enforcement of rights includes both protective measures to ensure that rights are not infringed and steps to be taken when infringements are detected.

• Authentication/authorisation• Licence agreement (click-through or written)• Maintain object-licence link (e.g watermark)• Legal protection as for copyright• Technological protection measures

(expensive)

Summing up

Recognition of rights

Assertion of rights

Expression of rights

Dissemination of rights

Exposure of rights

Enforcement of rights

DRMPolicyCreation

DRMPolicyProjection

Essential for all organisations

Requires infrastructure for greatest benefits

Enforcement technology not much used in education

Useful References

• JISC DRM Study and appendiceswww.intrallect.com/index.php/intrallect/knowledge_base/general_articles/jisc_drm_study_2004__1

• HEFCE IPR in e-Learningwww.intrallect.com/index.php/intrallect/knowledge_base/general_articles/case_studies_of_iprs_in_international_e_learning_programmes

• Creative Commons as a Licensing Solutionwww.intrallect.com/index.php/intrallect/knowledge_base/general_articles/creative_commons_licensing_solutions_for_the_common_information_environment__1

• JISC Legal – Publicationswww.jisclegal.ac.uk

• Digital Rights Expression Languageswww.jisc.ac.uk/uploaded_documents/TSW0603.pdf

• TrustDR (Digital Repositories)trustdr.ulster.ac.uk/outputs.php