1. Licensing Digital Content Negotiation Interpretation Application

2. Licensing Digital Content Agenda Questionnaire, Part 1: the basics; What is the date of signing? Who are the signatories? What is the duration of the license? What is the cost of the license? – Discussion: statutory law & contracts; Questionnaire, Part 2: core license details; What does the purchaser get? What is actually received in the license? Who can do what under the license? – Discussion: licenses, Copyright Act Questions, wrap-up

3. Licensing Digital Content Sample Licenses: 1.A.C. Transactional - Access Copyright Transactional License - single use of scanned copyrighted material in an E-Reserve service; 2.Emerald Consortial - E Journals - OCUL Consortial License for Emerald Group Publishing for e-journal suite 3.Naxos – Music Library - NAXOS online library of musical holdings, user license with Kawartha Pine Ridge District School Board

4. Licensing Digital Content 3 components of a Contract 1.Offer 2.Acceptance 3.Consideration

5. A.C. Transactional: University of Windsor and The Canadian Copyright Licensing Agency (Access Copyright) Emerald: Emerald Group Publishing Ltd. and Gwendolyn Ebbett on behalf of the Ontario Council of University Libraries (OCUL) Naxos: Naxos Online Libraries and the Kawartha Pine Ridge District School Board Q.1 Who are the signatories to the license?

6. A.C. Transactional: Start date / Request date: January 5, 2010 Emerald:no date given – Date will be inserted when the license is signed. Naxos: Date of Agreement given as August 25, 2008. No signature, no date of signing. What is the effective date? Q.2. Identify the date of signing

7. A.C. Transactional: 12 months from start date – January 5, 2010 Emerald:January 1, 2004 – December 31, 2006 Naxos: from date of signature until termination by either party with due notice Q.3 Identify the duration of the license

8. A.C. Transactional: $184.75 Emerald: 2004 – US $131,747 2005 – US $138,334 2006 – US $145,251 Naxos:$4,000 Q.4 Identify the cost of the license

9. Rights Holder rights Section 3 Copyright in Works to produce to reproduce to publish to perform in public to translate to convert between dramatic and non-dramatic to make a sound recording or film to reproduce, adapt or publicly present as a film to communicate to the public by telecommunication to present at a public exhibition to reproduce or rent out a computer program or song recording

10. User rights Statutory Rights (exceptions) Contractual/Licensed Rights (purchased rights) publiconly for the specific parties identified permanentonly for the specific period identified freealways for a fee

11. Licensing digital content: negotiations Who can have access to licensed material? Who can have remote access from off-campus? How will remote users be authenticated? Is there a limit to the number of concurrent users? How can the licensed material be used by authorized users, including the library? View, reproduce, store, save, search, browse, retrieve, display, download, print, link? Email, fax, cache, back-up copies? Print course packs? Learning Management Systems? Interlibrary Loan? Electronic Reserves? What happens to the librarys access to the materials when the license expires? Can the library load the materials onto a local server?

12. A.C. Transactional: a.the right to make a digital copy of the works. b.the right to post materials on secure network c.the right to make the digital copy available for use by 13 licensed users for 1 year. Emerald : a. the right to give Authorized Users online access … for the purposes of research, teaching and private study; b. the right to host the licensed materials on OCUL server; c. the right to retain ownership of content published during the term of the license, and continue to provide access from the OCUL server NAXOS a.the right to give internal & external access to authorized users on the school boards intranet – i.e. current members b.the right to have access to the recordings in database c.the right to print texts for research and educational purposes Q.5 What does the purchaser get?

13. A.C. Transactional: a.digital copies of two readings b.for use by licensed users only c.for 1 year only (after which the copy must be destroyed) d.each of the 13 licensed users may make a print copy. Emerald: a.access to electronic journals for the duration of the license; b.local hosting of journals for duration of the license; c.local ownership of content published during the term of the license. d.indemnity against charges of infringement Naxos: a.access to the Service; b.reasonable levels of technical support; c.access to website,content and streaming audio; d.data, recordings, graphics, art works, button icons, etc. Q.6 What is actually received in the license? (i.e. the product)

14. A.C. Transactional: Licensee can make a digital copy of the work(s) can post digital copy on secure server for 12 months Users can access digital copy on secure server can each print a copy of the reading(s) Access Copyright can request access to secure network for auditing purposes Q.7 Who can do what under the license?

15. Emerald: Licensee can make back-up copies; allow users to make up to 25 copies of a single article for research or teaching; deliver an e-article online for print output only, delete after use use an e-article in printed course pack use an e-article in e-reserves, delete after use Users can search, view, retrieve, display, save, and print off parts of licensed material for personal use; Distribute single copies to other authorized users in print or electronic form Q.7 Who can do what under the license?

16. Naxos: a.Authorized Users can have internal & external access to service; b.Users can use materials in database in compliance with Fair Use and Fair Dealing provisions for educational, research and other non- commercial uses. c.Can authorized users link? d.Users may print texts for research and educational purposes Q.7 Who can do what under the license?

17. Final Question If the purchaser had not negotiated and purchased the license, what could be done under the Copyright Act?