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1 Information Online 2009 Rights management – does copyright still matter in the 21st century? 20 January, 2009 Caroline Morgan General Manager, Corporate Relations Copyright Agency Limited
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2 “The internet is a copy machine.” - Kevin Kelly, founding editor of Wired magazine
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Characteristics of internet content User Generated Content Abundance of content Culture of sampling and sharing Role of intermediaries (eg; search engines) 3
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Solution = blame the copyright system 4
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5 The arguments #1: Copyright hampers innovation and creative reuse of content #2: People need accessible content. Copyright leads to ‘digital lock-up’
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6 Argument #1: Copyright hampers innovation What does copyright do? It provides a way for creators to be associated with their works and to control and get paid for the use of their works if they wish to – isn't that still important?
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7 Payment “Audiences WANT to pay creators” - Kevin Kelly, founding editor of Wired magazine According to Kelly, in the digital environment users will pay only if it is easy, reasonable and they can be sure the money goes directly to the creator
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8 Payment Radiohead’s 2007 album In Rainbows Customers chose price – option to pay nothing Record of the Day’s online survey found the average price was £3.88
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9 Creative freedom YouTube Partner Program : “cash in on your creativity” Creators of original content share in advertising revenue from their YouTube videos Thousands of participants, some earning substantial incomes Creators have the capacity to earn an income online when they legitimately own their content
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10 So how can we develop these licensing systems ? Collecting societies Managing the use of copyright content Transition of collective licensing systems onto the internet
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11 Licensing music iTunes – creators get paid via collective management agreements The Mechanical Copyright Protection Society (MCPS) and Performing Rights Society (PRS): UK collecting societies for songwriters, composers and music publishers 2007 – MCPS-PRS Alliance agrees to license 10 million+ pieces of music to YouTube 50,000 members to be paid when their creative works are used on YouTube across the UK
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12 CAL’s contribution CAL manages the copying of print material and distributes payments to creators CAL’s Electronic Use System (EUS) captures electronic copying and communication of copyright material by educational sector Creators paid for the use of their blogs and other content in education
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New marketplace developments Google’s 2008 settlement with authors and publishers If approved by the Court: – Google will compensate copyright owners – Google will pay to establish a Book Rights Registry to locate and distribute payments to copyright owners and enable rightsholders to request inclusion or exclusion A form of collective management 13
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Argument #2: People need accessible content. Copyright leads to ‘digital lock-up’ Copyright and Digital Rights Management (DRM) = ‘digital lock-up’? Copyright is a system of balancing the needs of creators and users DRM tools that ‘lock-up’ content 14
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The copyright balance The copyright system offers varying mechanisms for access and use: - limited term of use - protects expression not ideas - applicable to a ‘substantial part’ - exceptions and limitations 15
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16 Exceptions The ‘three-step test’ Do we need a new international instrument on exceptions and limitations? Or is the three- step test enough?
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17 Access under the current system The educational statutory licence Balancing the copying needs of educational institutions with the rights of creators
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18 Other solutions Statutory licence, administered by CAL for the print disabled CAL is developing solutions for the print disabled in consultation with the print disability sector and CAL members (copyright owners)
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19 The ‘digital lock-up’ Access controls one aspect of rights management But rights management also includes tools to access and locate content…
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20 Automated Content Management Digital technology provides the opportunity to embed identifiers = automated “rights” management What needs identifying? – PRODUCTS – ISTC – PEOPLE - ISNI – TRANSACTIONS – ACAP
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21 ISTC The International Standard Text Code (ISTC) is a numbering system developed to identify of “textual” works not their “manifestations” The ISTC identifies the text of the work itself, not a physical product The ISTC facilitates the exchange of information and reduces errors and duplication
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22 International Standard Name Identifier (ISNI) A new ISO standard called ISNI is under development The ISNI takes into account different roles – it’s a name identifier not a party identifier
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23 Automated Content Access Protocol (ACAP) Global permissions tool Search engine web-crawlers remain compliant with the policies publishers attach to content Publishers control online content from misuse Users access reliable published content, without need to interpret legal terms of copyright material
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The copyright balance To ensure that copyright remains relevant, we need: Quick and simple licensing Adequate enforcement measures Better understanding of the flexibilities in the current copyright system Tools to locate content and identify licensing terms 24
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25 Thank You
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