ER-0317/2/99 G R U P O S G A E Intellectual Property Rights in digitisation of education Part 1. Current problems in the face of digitisation. Massive Seminar Barcelona November 2005 Paul Sire Sociedad Digital de Autores y Editores Denes Zarka Budapest University of Technology and Economics

ER-0317/2/99 G R U P O S G A E DRM 2 The State of the Art IPR issues are complex to resolve especially in the digital global world. Know-how in educational sector is limited. Educational IPR approaches differ widely between countries and organisations. Ownership of content unresolved, unknown or confused due to Anglo-Saxon copyright law vs. continental authors´rights”.

ER-0317/2/99 G R U P O S G A E DRM 3 The State of the Art IPR is usually defined narrowly to include only legal aspects. Eg. contracts between the different content rightsholders. Patents over software and inventions take priority over “publishable content” copyright. IPR responsibilities within institutions are dispersed amongst library, legal and other departments. BUT: Lack of legal and technical security over content rights stifles e-production.

ER-0317/2/99 G R U P O S G A E Future e-learning requires IPR management. Part 2. Digitised content in shared repositories.

ER-0317/2/99 G R U P O S G A E DRM 5 Re-use of e-content Requires shared repositories of content. Requires option for customising or re-editing existing content. Requires standards for describing re-use rights and procedures. AND Requires IPR protection and management.

ER-0317/2/99 G R U P O S G A E DRM 6 Re-use of e-content Requires fast system for finding the right content for re-use. Requires fast and seamless clearing system for licensing use of content. Requires costs associated with re- use to be lower than those of new production. Requires sharing content + data + management + systems.

ER-0317/2/99 G R U P O S G A E DRM 7 Stakeholders TEACHERS, TRAINERS, EXPERTS SUPPLIERS MULTIMEDIA PRODUCERS EDUCATIONAL CENTRES, PUBLISHERS, etc. CONTENT DATABASE MARKET RIGHTS MANAGE- MENT SYSTEM

ER-0317/2/99 G R U P O S G A E DIGITAL RIGHTS MANAGEMENT Part 3: Requirements

ER-0317/2/99 G R U P O S G A E DRM 9 What is DRM? DRM is often seen in terms of limiting access to content until proper payment is made. BUT: DRM should be the control and description of an organisation’s asset rights over all its life cycle – including production, layering, analysis, valuation, trading, protecting and monitoring.

ER-0317/2/99 G R U P O S G A E DRM 10 Solution To create a global IPR management solution that includes both internal and external content production liable to be re-used or traded. AND To guarantee full legal and technical intellectual property rights protection and clearance for content and knowledge sharing.

ER-0317/2/99 G R U P O S G A E DRM 11 DRM aimed at the needs of rights management The system automates the business processes in management of digital rights, ensuring and securing services. Create & Register 1 Preparation/ Aggregation 2 Licence / Distribution 3 Use 4 Compensation / Information* 5 Creation & preparation of content Content Management Content Use REGISTRATION & PROTECTION DISTRIBUTION (MARKETPLACE) MONITORING & REPORTING FEATURES Registration, protection of content and preparation for distribution. Registration, protection of content and preparation for distribution. Access to content, licensing and secure distribution, delivery and broad/net cast (where and when) and payment management. Monitoring use of archives (accounting for the use and rights), and management of the information related to use.

ER-0317/2/99 G R U P O S G A E DRM 12 What this implies 1.Protecting content from unlawful use. (encryption, etc.) + interoperability. 2.Documenting its rights-holders *. 3.Licensing their lawful use *. 4.Monitoring all their uses *. 5.Detailed reporting of their use *. 6.Collecting “royalties” or attribution. 7.Distributing royalties to rights-holders. * Immediate implementation possible

ER-0317/2/99 G R U P O S G A E IPR IN CONTEXT Part 4: Massive

ER-0317/2/99 G R U P O S G A E DRM 14 Service Areas U. Libraries & ICT: Using interoperable technology for transaction and protection of content. U. Libraries & Teacher Support : Using metadata standards for describing content and how it is transacted (licenses). U. Libraries & Teacher Support: Clearing rights and creating awareness and procedures on proper use.

ER-0317/2/99 G R U P O S G A E DRM 15 Massive Approach Create awareness of challenges ahead in a digital environment + education at all levels. Collect data on best practice in areas of IPR management at universities. Map and group universities by different stages of IPR awareness & management. Encourage a stage by stage development in strategies. Pursue a EU, or regional, global approach.

ER-0317/2/99 G R U P O S G A E DRM 16 Stages of Development 1.Non e-learning stage. Little content is published other that lecture notes and reference support materials. An approach to IPR is not developed when producing content and there is little awareness of the importance of the issue. Ownership of content has not been resolved legally and metadata standards are undefined. Long term strategies on content use have not been defined and little knowledge exists on the challenges and opportunities of the “digital revolution”. 2.E-learning strategy. Based on legislation and copyright procedures, internal standards are created for the copyright management and protection of the digital content. Certain staff have the necessary expertise to resolve IPR issues in a closely defined content sharing, or an open content sharing, environment. 3.Commercial publisher strategy. Long term strategic goals exist for all copyright assets in an open and interoperable Digital environment. IPR is electronically managed within the framework of a published policy and closely followed processes. The policy supports business models that incorporate IPR management; technical measures protect IPR; International standards are adopted and, all relevant staff are trained in IPR issues.