Copyright ManagementCopyright Managementfor Scholarshipfor Scholarship

Julia Blixrud, Association of Research Julia Blixrud, Association of Research Libraries/SPARCLibraries/SPARC

Rodney Petersen, EDUCAUSERodney Petersen, EDUCAUSE

John Vaughn, Association of American UniversitiesJohn Vaughn, Association of American Universities

IntroductionIntroduction

Copyright ManagementCopyright Management copyright “ownership” and “use”copyright “ownership” and “use” management of intellectual property management of intellectual property

rightsrights forfor Scholarship Scholarship

mission: education mission: education andand research research access: not access: not freefree but maximum use but maximum use

Balancing Balancing Rights Rights of Stakeholdersof Stakeholders addressing addressing interestsinterests of stakeholders of stakeholders

StakeholdersStakeholders

AuthorsAuthors FacultyFaculty

PublishersPublishers Commercial, for-profitCommercial, for-profit Academic or not-for-profitAcademic or not-for-profit

UniversitiesUniversities AdministratorsAdministrators

LibrariansLibrarians PublicPublic

Zwolle Working ConferencesZwolle Working Conferences

An Initiative of SURF and the Zwolle GroupAn Initiative of SURF and the Zwolle Group 11stst Conference: June 2001 Conference: June 2001

““Working Conference on Copyright and Working Conference on Copyright and Universities”Universities”

22ndnd Conference: December 2002 Conference: December 2002 ““Copyright and Universities: Copyright and Universities:

from Principles to Practice”from Principles to Practice” 33rdrd Conference: February 2004 Conference: February 2004

““Optimal Management of Copyright: Optimal Management of Copyright: Making it Happen”Making it Happen”

Copyright and UniversitiesCopyright and Universities Who Should Own the Copyright?Who Should Own the Copyright?

Policy Position – faculty owns vs. institution Policy Position – faculty owns vs. institution ownsowns

Principled Negotiation – focus on interestsPrincipled Negotiation – focus on interests Issues for Policy ClarificationIssues for Policy Clarification

Distance EducationDistance Education Scholarly CommunicationScholarly Communication Commercialization of Research/Tech TransferCommercialization of Research/Tech Transfer

Copyright PoliciesCopyright Policies Intellectual Property PoliciesIntellectual Property Policies Copyright PoliciesCopyright Policies

Other Policy IssuesOther Policy Issues Conflict of Interest/Commitment, Use of Conflict of Interest/Commitment, Use of

University Name, Use of Resources, Student University Name, Use of Resources, Student WorksWorks

Issues and ChallengesIssues and Challenges Maximize access to scholarly informationMaximize access to scholarly information Balance rights between authors, publishers, and Balance rights between authors, publishers, and

universitiesuniversities Educate academic community to the need to Educate academic community to the need to

manage copyrightmanage copyright Increased use of electronic technology and Increased use of electronic technology and

dissemination of information over the internetdissemination of information over the internet Copyright LegislationCopyright Legislation

Digital Millennium Copyright LawDigital Millennium Copyright Law Copyright Term Extension ActCopyright Term Extension Act Work Made for Hire and Copyright Corrections Work Made for Hire and Copyright Corrections

ActAct Technology, Education, and Copyright Technology, Education, and Copyright

Harmonization (TEACH) Act Harmonization (TEACH) Act

Position Statements (1) Position Statements (1)

ARL Statement of Intellectual ARL Statement of Intellectual Property Principles (1994)Property Principles (1994)

NHA Basic Principles for Managing NHA Basic Principles for Managing Intellectual Property in the Digital Intellectual Property in the Digital Environment (1997, rev. 2002)Environment (1997, rev. 2002)

Roundtable on Managing Intellectual Roundtable on Managing Intellectual Property in Higher Education (1997)Property in Higher Education (1997) 3) Get a handle on property rights3) Get a handle on property rights

Position Statements (2) Position Statements (2)

Fair Use in the Electronic Age: Fair Use in the Electronic Age: Serving the Public Interest (1998)Serving the Public Interest (1998)

Intellectual Property and New Media Intellectual Property and New Media Technologies: A Framework for Policy Technologies: A Framework for Policy Development at AAU InstitutionsDevelopment at AAU Institutions (1999)(1999)

Position Statements (3) Position Statements (3)

Tempe Principles (Principles for Emerging Tempe Principles (Principles for Emerging Systems of Scholarly Publishing, 2000)Systems of Scholarly Publishing, 2000) 5) Balance and management 5) Balance and management 6) Negotiation of publishing agreements6) Negotiation of publishing agreements

SPARCSPARC Create Change (2000)Create Change (2000) Seizing the Moment: Scientists' Seizing the Moment: Scientists'

Authorship Rights in the Digital Age Authorship Rights in the Digital Age (2002)(2002)

Maximizing AccessMaximizing Access

Budapest Open Access InitiativeBudapest Open Access Initiative Open access journalsOpen access journals Digital (institutional) repositories Digital (institutional) repositories

Zwolle Principles: Zwolle Principles: Purpose StatementPurpose Statement

To assist stakeholders—including To assist stakeholders—including authors, publishers, librarians, authors, publishers, librarians, universities and the public—to universities and the public—to achieve maximum access to achieve maximum access to scholarship without compromising scholarship without compromising quality or academic freedom and quality or academic freedom and without denying aspects of costs and without denying aspects of costs and rewards involved.rewards involved.

Zwolle PrinciplesZwolle Principles

1.1. Achievement of this objective requires the Achievement of this objective requires the optimal management of copyright in optimal management of copyright in scholarly works to secure clear allocation scholarly works to secure clear allocation of rights that balance the interests of all of rights that balance the interests of all stakeholders.stakeholders.

2.2. Optimal management may be achieved Optimal management may be achieved through thoughtful development and through thoughtful development and implementation of policies, contracts, and implementation of policies, contracts, and other tools, as well as processes and other tools, as well as processes and educational programs, (collectively educational programs, (collectively “Copyright Management”) that articulate “Copyright Management”) that articulate the allocation of rights and responsibilities the allocation of rights and responsibilities with respect to scholarly works. with respect to scholarly works.

Zwolle PrinciplesZwolle Principles

3.3. Appropriate Copyright Management and the Appropriate Copyright Management and the interests of various stakeholders will vary interests of various stakeholders will vary according to numerous factors, including the according to numerous factors, including the nature of the work; for example, computer nature of the work; for example, computer programs, journal articles, databases and programs, journal articles, databases and multimedia instructional works may require multimedia instructional works may require different treatment.different treatment.

4.4. In the development of Copyright In the development of Copyright Management, the primary focus should be on Management, the primary focus should be on the allocation to various stakeholders of the allocation to various stakeholders of specific rights.specific rights.

Zwolle PrinciplesZwolle Principles5.5. Copyright Management should strive to respect Copyright Management should strive to respect

the interests of all stakeholders involved in the the interests of all stakeholders involved in the use and management of scholarly works; those use and management of scholarly works; those interests may at times diverge, but will in many interests may at times diverge, but will in many cases coincide.cases coincide.

6.6. All stakeholders in the management of the All stakeholders in the management of the copyright in scholarly works have an interest in copyright in scholarly works have an interest in attaining the highest standards of quality, attaining the highest standards of quality, maximizing current and future access, and maximizing current and future access, and ensuring preservation; stakeholders should work ensuring preservation; stakeholders should work together on an international basis to best together on an international basis to best achieve these common goals and to develop a achieve these common goals and to develop a mutually supportive community of interest.mutually supportive community of interest.

Zwolle PrinciplesZwolle Principles

7.7. All stakeholders should actively All stakeholders should actively promote an understanding of the promote an understanding of the important implications of copyright important implications of copyright management of scholarly work and management of scholarly work and encourage engagement with the encourage engagement with the development and implementation development and implementation of Copyright Management tools to of Copyright Management tools to achieve the overarching objective.achieve the overarching objective.

Implementing the Zwolle PrinciplesImplementing the Zwolle Principles

Copyright ToolkitCopyright Toolkit Publisher Agreements with AuthorsPublisher Agreements with Authors University Copyright PoliciesUniversity Copyright Policies

Ownership and Rights of Use of Works Ownership and Rights of Use of Works Created at the University: A Survey of Created at the University: A Survey of American University Copyright PoliciesAmerican University Copyright Policies

Comparative Chart of International Comparative Chart of International Copyright LawCopyright Law

For more information:For more information:

Visit theVisit the Copyright Management for Copyright Management for

ScholarshipScholarship

Web site atWeb site at

www.surf.nl/copyrightwww.surf.nl/copyright