The Annual Copyright License for Academic Institutions of Higher Education October 2, 2007

2 Copyright Holders n Thousands of publishers n Broad international coverage n Hundreds of thousands of authors and creators n The world’s most sought-after content Content Users n 1,000 colleges and universities l Across all Carnegie Classes l More than 90% of U.S. research universities n More than 9,000 corporations l Majority of the Fortune 500 l Total of 20 million employees covered Established & Valued Intermediary World's largest content licenser Millions of books, journals, magazines, newspapers and other works Reproduction Rights Organization (RRO) for the US Established in 1978 Not-for-profit

3 An annual license permits the reuse of text-based content at colleges and universities ►Electronic course content ►Research collaboration ►Administrative communications ►And more! Examples of Covered Uses: ►Coursepacks ►Classroom handouts ►Library reserves ► The Annual Copyright License Available To: ►Public, private not-for-profit, and private for-profit institutions ►Single campus institutions, multi-campus institutions, and university systems within the U.S., as well as an institution’s international campuses

4 License Features ►Single, comprehensive license that reduces the need for pay-per-use permissions ►Extends to students studying abroad, satellite campuses and distance education programs ►Covers course materials produced by on- and off-campus copy shops, bookstores and national coursepack providers ►Titles included in inventory remain available for the full term of the license regardless of changes in ownership

5 License Benefits ►Comprehensive, institution-wide coverage  Provides a uniform set of reuse rights ►Operational efficiency: “Check and go permissions”  Reduces time/costs associated with searching for, obtaining and reconciling permissions on a transactional basis ►Developed in cooperation with several colleges and universities ►Fosters respect for intellectual property

6 License Exclusions ►Interlibrary loan and commercial document delivery transactions ►Non-educational uses (e.g. promotional and advertising) ►The reproduction of the entire work ►Creation of a repository or database of copyrighted works

7 Sampling of Participating Publishers ►Academy of Management ►Advanstar Communications ►Atlantic Publishing Group, Inc. ►American Psychological Society ►Blackwell Publishing ►Boston Globe ►Central European University Press ►Columbia University Press ►Cornell University Press ►Dow Jones & Company ►Elsevier Journals ►Euromoney Institutional Investor ►Greenwood Publishing Group ►Haworth Press ►Houghton Mifflin Trade ►International Debate Educational Association ►John Wiley, Inc ►Kent State University Press ►Lippincott, Williams & Wilkins ►Michigan Law Review ►Nature Publishing ►New York Times ►Ocean Tree Books ►Oxford University Press Journals ►Penn State University Press ►Perseus Books ►Princeton University Press ►Reed Business Information ►Rutgers University Press ►Sage Publications ►Sloan Management Review ►Springer Verlag

8 License Interface

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10 Usage Surveys ►Required for one major academic term per year  20% of total coursepacks produced – hardcopies or listing of content used  Representative of the major academic disciplines taught ►Required information  Publication title  Chapter/Article title  Number of pages reproduced  Course name and enrollment ►All usage data provided by licensed institutions will be kept strictly confidential by CCC and will be aggregated with data collected from other academic institutions ►Additional reporting options available

11 License Pricing ►Based on:  2006 Carnegie Classification – Enrollment Profile  Full time equivalent (FTE) students ►Price per student drops as FTE enrollment increases ►Multi-campus and university system discounts

12 Thank You For more information about the Annual Copyright License ►Visit: ►Contact: Phone:

13 Copyright Clearance Center Annual Copyright License Middlebury's Experience

14 The impetus… UMUC Center for Intellectual Property online course about E-Reserves (University of Maryland University College, Oct. 2005)  online chat session with a university press publisher  publisher's assertion that digital copying (even a single chapter) without permission exceeds fair use  follow-up conversation with the publisher: CCC was looking at a new model for campus licensing, including digitizing print materials

15 Why interested? E-reserve and course web site trends  increasing use of scanned content  repeated use of materials from year to year  multiple chapters/articles from same volume  course pack use declining, but still present Risk mitigation?  Middlebury experience with Napster for legal filesharing  concern about AAP actions

16 Initial steps… Preliminary discussions (Nov-Dec 2005) CCC presentation on campus (winter 2006)  library & book store staff, DLIS, provost, faculty, legal counsel Assess key differences from corporate model  academic environment requires wide spectrum of publishers/titles – numbering in 1000s, including humanities, foreign languages  initial publisher list: covered only 20-30% of course packs and E- reserves  academic fair use (§107) re: E-Reserve and course web postings Charter subscriber (summer 2006)  anticipate cost recovery (course packs)  anticipate wider publisher base over time  desire to work with CCC to develop reporting methodology

17 First year activities Active communication with CCC  presentations/meetings with Middlebury staff  feedback on web-based search interface Development of survey/reporting tools  course pack permission requests used by CCC  customize Middlebury's learning management system (Segue) prompts for bibliographic data when uploading files (reportable) extract PDF file names and content  E-Res: optional bibliographic data input (Docutek)

18 First year activities … Course pack fees  continue to include copyright fee in pricing the course pack for sale to students Reserves  actively use new interface, especially for multiple articles or chapters from same work - single chapter/article & first time use considered fair use  refer faculty E-Res course administrators to new interface Article distribution  use new license for coverage of scanned material distributed to all faculty (e.g., for a faculty retreat)

19 Preliminary assessment Benefits  Cost recovery (course pack fees)  Coverage of multiple chapters/articles  Coverage of titles re-used multiple semesters Challenges  Limited publisher/title coverage  Workflow: failure to check license  Added resource perceived as complicating the copyright environment fair use: faculty education what does "not covered for use" mean? what's next step? content otherwise licensed (e-journals, e-books)

20 Ongoing assessment Is the Academic License the right fit?  title/publisher coverage  cost / value  fair use considerations  does a new model help shift our role, no longer viewed as… "copyright pirates" by publishers "copyright police" by faculty  will the Academic License lead to better, more efficient assessment of what comprises legal copies of copyrighted works? will its use satisfy publishers and our constituents alike?