1. Standard License Expression CNI Meeting Arlington, VA April 4, 2006 Christopher McKenzie John Wiley & Sons, Inc.

2. The problem: Confusion Libraries manage myriad electronic resources and struggle with managing what who can do with which resources. Contributing to this are variations in: Licensors and their contractual terms and conditions Copyright laws –where the end-user is located –where an intermediary (e.g. library or aggregator) is located –where the resource is published and/or located Contract law in all of the above places Varied resource types (even among the same content provider, e.g. journals and books)

3. Possible responses Get rid of copyright Get rid of contracts Modify copyright legislation Educate library staff and users Agree on a single model license Promote collective licensing to reduce number of license variations (e.g. consortial licensing) Use technology to manage the complexity –Digital Rights Management (DRM) –Rights Expression Languages –Standards for rights and licenses + content (e.g. ONIX for Licensing)

4. Strategic issues Publishers understand the issue and there are a lot of possible responses, each having various implications, but any effort: Will require investment to better manage rights information Will require coherent licensing/rights/use policies within publishing organizations Should lead to coherence across publishing organizations (but recognizing that strict laws regulate what competitors can and can not share)

5. Practical issues While publishers see this effort as an opportunity to work together to clarify rules of the road, to be successful it should: Use a standard, automated approach to keep costs down for all Use standards based on those already embedded in workflows (e.g. ONIX, DOIs) Reflect the needs of all parties

6. Wileys role Why does Wiley support a standard XML expression for licensing terms? Publishers want to help libraries understand the terms of the licenses they negotiate If it helps librarians (e.g. by having terms displayed and conditions clarified), it helps us since libraries are our customers It helps libraries know and comply with terms It may promote usage by clearly delineating authorized rights It helps improve our own license terms It maintains flexibility and avoids the LCD approach

7. Wiley and ONIX Why does Wiley support this specific approach? (i.e. ONIX for Licensing Terms) ONIX has become accepted as the de facto standard in publishing for the transmission of product data Actionable ONIX terms can be held within XML records; non- actionable terms (i.e. those that are too complicated to encode) can be linked to from the XML expression. Payment details, for example, are likely to be held in a separate file. ONIX should stand a better than average chance of being accepted by the community Project involvement helps us influence the standard. We have a lot of respect for the other project partners and the project management team (Cranfield; RightsCom; EDItEUR).

8. Pilot Results and Next Steps Wiley provided the project team with a sample license – its Enhanced Access License for academic customers. We participated in a workshop with the project partners and management team in January. Purpose was to agree the meaning of the terms of the license, and ensure that the electronic version of the licensing terms correctly reflects the intention of the written license. (Very successful, but our complexity was laid bare…) Next key date is in July for a half-day seminar. BIC also working with ALPSP specifically to look at the issues for smaller publishers