Troll Covery (2005)

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1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Troll Covey (2005)
Title: Acquiring copyright permission to digitise and provide open access to books
Author(s): Troll Covey D.
Year: 2005
Citation: Troll Covey, D., 2005. Acquiring copyright permission to digitize and provide open access to books
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: This article is a review of the process to acquire copyright permissions for three separate book digitisation projects, conducted by the Carnegie Mellon University:

1. The first was a Random Sample of Feasibility containing 368 books. 2. The Fine and Rare Book Study a.k.a. the Posner Memorial Collection contained 1,106 published titles. 3. The Million Book Project successfully acquired copyright permissions for 52,900 published titles.

Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • * Random Sample of Feasibility: 1999 to 2001
  • The Posner Memorial Collection 2001 to 2004
  • The Million Book Project 2003 to 2005
Funder(s):
  • Henry Posner jr.
  • Hellen Posner
  • Bruce Miller
  • Million Book Project

Abstract

Information users increasingly look to find materials on the Web. Many scholars and librarians dream of creating a "universal digital library," where high-quality resources are accessible from their desktops. Realizing this dream-creating a digital library that is comparable to an excellent traditional library and providing open access to it,- require negotiating copyright permission. This report focuses on three efforts at Carnegie Mellon University to acquire copyright permission to digitize and provide open access to books-that is, to make books freely available on the Internet for public use. To provide a context for the studies that form the basis of this report, the report begins with an overview of copyright laws, licensing practices, and technological developments that have brought about dramatic changes in the cost and dissemination of scholarly information. This section also describes the impact that these changes have had on research, learning, and libraries. The three studies, including data analyses that explore the response and success rates with different types of publishers and publications and transaction costs, are then presented in detail. Anecdotes illuminate the effort required and problems encountered in trying to acquire copyright permission for open access, from the difficulty of determining copyright status and ownership and locating copyright owners to the questions, concerns, record-keeping methods, and changing contractual practices that constrain publishers' embrace of open access. The report describes how lessons learned in each study were applied in the next study and the benefits of flexible and innovative approaches to acquiring copyright permission.

Main Results of the Study

The random sample feasibility study revealed that it is indeed possible to secure permission to digitize and provide open access to books, but the work is tedious and often comes to naught. The authors learned that even determining the copyright status of a book can be difficult and time-consuming.

The Posner project confirmed the authors belief that it is possible to secure copyright permission to digitize books and to provide open access to them on the Web. It also confirmed what they had learned in the feasibility study about how difficult and time-consuming it is to determine copyright status and to identify and locate copyright holders, particularly authors and estates. However, by dedicating personnel and adjusting our processes, they significantly reduced the cost per title for which permission was granted. Further adjustments to their workflow or refinements to their negotiation strategies could yield even greater cost savings.

From the expense and difficulty of determining copyright status and locating the owner to the struggle to get a response from a publisher when seeking permission to digitize for scholarly use, this timely report provides a detailed account of the challenges facing libraries today. It should be of practical use to publishers and librarians alike as we try to navigate the current situation and work to improve it, through such innovations as the “orphaned works” legislation that is currently under discussion.

Policy Implications as Stated By Author

What are the stumbling blocks to digitization? Is copyright law a major barrier? Is it easier to negotiate with some types of publishers than with others? To what extent does the age of the material influence permission decisions? The responses to the author’s carefully designed inquiries reveal a picture of confusion and chaos in the face of a significant opportunity and growing need. The range of publisher responses and their requests for fees, restrictions, and caveats show a publishing industry that has in no way reached a consensus on how to respond to libraries’ growing desire to provide digital access to scholarly materials.

Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Green-tick.png
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Green-tick.png
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Green-tick.png
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Green-tick.png
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)
Green-tick.png

Datasets

Sample size: 3
Level of aggregation: Digitised Book Collections
Period of material under study: 1999-2005


Sample size: 368
Level of aggregation: Books
Period of material under study: 1999-2001


Sample size: 1,106
Level of aggregation: Books
Period of material under study: 2001-2004


Sample size: 52,900
Level of aggregation: Books
Period of material under study: 2003-2005