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Unconditional CopyrightRemoving the Camouflage
Denise Troll CoveyPrincipal Librarian for Special Projects
Erin RhodesCopyright Permission Assistant
Presentation to ALA LobbyistsNovember 15, 2005
“Unconditional Copyright”
• No registration
• No renewal
– Fewer than 15% of copyrights were renewed
when renewal was required
• No circumvention
– Even if technologies or licenses disallow public rights
• “Limited” duration
– Published = 95 years or author +70
– Unpublished = 120 years
U.S. Copyright Camouflage
• Difficult to determine copyright status & ownership
– Copyright laws are complex
– Office of Copyright keeps no records of ownership
– Publisher records are not complete or easily accessible
• Estimate 92% of books ever published
are still in copyright, but out of print
– No revenue for copyright owners
– No easy access for potential readers
• Seeking non-exclusive permission to digitize
& provide open access to copyrighted books
1999–2001 Feasibility study
2002–2003 Posner study
2003–2004 Million book project
Research
Feasibility Study 1999 – 2001
• 368 random books in the library catalog
• 95% (351) were copyright protected
• 21% (76) were eliminated from the study
– Mistakenly cataloged as books (10%)
– Third-party copyright ownership (11%)
• Final sample was 277 titles
(209 publishers)
Feasibility Study
• Intermittent labor – 4 different people
• Process
– Initial request letters – sent 278
– Follow-up request letters – sent 246
• Over 60% of publishers received 2nd or 3rd letter
• Subsequent letters sent months later
• Did not track transaction costs
Permission granted
Permission denied
No response
Not located
0%
25%
50%
75%
100%
Titles
19%
27%
30%
24%
0%
25%
50%
75%
100%
Publishers
21%
28%
23%
27%
• Mistakenly requested permission for 4 out of copyright books
• 1 permission granted; 3 denied•
• Data NOT included in graph
Overall Results
Permission granted
Permission denied
No response
78% publishers contacted
(81% of the titles)
0%
25%
50%
75%
100%
Titles
34%
37%
30%
0%
25%
50%
75%
100%
Publishers
36%
30%
35%
0%
25%
50%
75%
100%
Titles
55%
45%
0%
25%
50%
75%
100%
Publishers
46%
54%
51% publishers responded
(53% of the titles)
Average 101 days for permission granted
Average 124 days for permission denied
Permission grantedRestrictions applied to 68% of titles
Permission denied
Restrictions Applied
• 54% access restricted to Carnegie Mellon users
• 23% display full citation
• 22% no 3rd party material
• 15% provide copy
• 15% not for sale
• 8% license to provide access expires
• 6% fee required
• 6% individual use only
• 3% permission to scan expires
Analysis by Print Status
• 73% sample was out of print books – More difficult to locate, less likely to respond,
but more likely to grant permission if they responded
0%
25%
50%
75%
100%
Samplecontent
Notlocated
Responserate
Successrate
In print
Out of print
Response rate based on contacts
Success rate based on responses
0%
25%
50%
75%
100%
Samplecontent
Notlocated
Responserate
Successrate
Domestic
Foreign
• 19% sample was foreign publications – Difficult to locate, but more likely to grant permission
Analysis by Publisher Location
0%
25%
50%
75%
100%
Samplecontent
Notlocated
Responserate
Successrate
Scholarly associations
University presses
Commercial publishers
Museums & galleries
Analysis by Publisher Type
• 68% sample was published by commercial publisher– Most difficult to locate, least likely to respond
& least likely to grant permission
Conclusions
• It is possible to secure copyright permission
to digitize & provide open access to books
• Future studies
– Use dedicated labor
– Track transaction costs
– Experiment to increase response & success rates
– Improve data management
Posner Project 2002 – 2003
• 1106 fine & rare volumes in the Posner Collection
• 26% (284) were copyright protected
(104 publishers)
• Associated archival documents
– Correspondence
– Newspaper clippings
– Book catalogs
• Initially intermittent labor – one person
– Sent 60 letters, but did no follow up
• Dedicated labor May through Oct 2003
• Process
– Initial request letter – sent 174
– Follow up phone calls or email – 159
• Tracked transaction costs
Posner Project 2002 – 2003
Still negotiating
Permission granted
Permission denied
No response
Not located
0%
25%
50%
75%
100%
Titles
5%13%
20%
61%
0%
25%
50%
75%
100%
Publishers
31%
5%
18%
43%
1% 3%
• Mistakenly requested permission for 74 out of copyright books
• All granted permission
• Data NOT included in graph
Overall Results
69% publishers contacted
(87% of the titles)
0%
25%
50%
75%
100%
Titles
6%
23%
71%
0%
25%
50%
75%
100%
Publishers
7%
28%
65%
Permission granted
Permission denied
No response
Permission grantedRestrictions applied to 29% of titles
Permission denied
0%
25%
50%
75%
100%
Titles
25%
75%
0%
25%
50%
75%
100%
Publishers
30%
70%
64% publishers responded
(82% of the titles)
Comparative Results
Feasibility (titles)
Posner (titles)
Posner (publishers)
0%
25%
50%
75%
100%
Notlocated
Responserate
Successrate
66%
45%
93%
75%
Response rate based on contacts
Success rate based on responses
Comparative Analysis of Restrictions
0%
10%
20%
30%
40%
50%
60%
Providecopy
CarnegieMellon only
Displaycitation
Individualuse
Englishonly
No 3rdparty
Not for sale Permissionto scanexpires
License toprovideaccessexpires
Feerequired
Posner study
Feasibility study
• Revised, more informative letter
• Prompt follow up calls or email
• The age & nature of the Posner Collection
• Copyright holders could see
the quality of the work on the web
Attribute Increased Success
Analysis by Print Status
• Not yet done
• Issue learned from Million Book Project
– Librarians consider book to be out of print
if exact work is no longer available in print
– Publishers consider book to be out of print
if no newer edition is available in print
0%
25%
50%
75%
100%
Collectioncontent
Notlocated
Responserate
Successrate
Domestic
Foreign
Analysis by Publisher Location
• 29% content was foreign publications– More difficult to locate, & slightly less likely to respond
or to grant permission
0%
25%
50%
75%
100%
Samplecontent
Noaddress
Responserate
Successrate
Analysis by Publisher Type
Scholarly assoc.
University press
Commercial
Authors & estates
Special publishers
Unknown
• Special publishers are most likely, commercial publishers least likely to grant permission
• Authors & estates or units unknown own most of the content – difficult or impossible to locate
Transaction Costs
$ 10,808 FTE labor
$ 379 Phone calls
$ 100 Paper & postage
$ 11,287 TOTAL
May 2003 – October 2003
Does not include legal fees, administrator time, or cost of Internet connectivity or database creation.
$78 per book/volume
174 letters
159 follow up calls or email
Consultations with Legal Counsel
• WIPO signatories do not have the same copyright
laws (interpretations & practices)
– Eventually abandoned seeking permission for foreign
works because legal counsel wanted to examine every title
• Associated archival documents
– Fair use to digitize correspondence
from book dealers
– Perhaps fair use to digitize clippings
– Book catalogs are copyright protected
Problems Seeking Permission
• Determining copyright status
• Identifying & locating copyright holders
• Publishers
– Slow to respond
– Don’t know what they published
– Don’t know what rights they have
– Afraid of open access & lost revenue
Million Book Project 2002 – 2004
• Include 100,000+ U.S. copyrighted books
• Initial focus was Books for College Libraries
– 12,300 (25%) are definitely still in copyright
– 35,500 (71%) require checking copyright renewal records
• Initially intermittent labor
• Dedicated labor started November 2003
• Changed process to reduce transaction costs
– Books for College Libraries as approval plan for publishers
Request Letter & Strategy
• Educate
– Users want to find information online, but use print
– Open access increases use, even use of older works
– Open access does not decrease sales
– Open access can increase sales
– Currently no revenue
from out of print books
Request Letter & Strategy
• Ask for non-exclusive permission to digitize
& provide open access to
– All out of print, in copyright titles
– All titles published prior to ____________
– All titles published # or more years ago
– List of titles they provide
• No restrictions allowed
Request Letter & Strategy
• Assure
– Follow preservation standards & copyright law
– Restrict print & save to only one page at a time
• Give images, metadata, & OCR – Generate revenue from fee-based services
– Were seeking print on demand vendor,
but Indian government objects
to commercial partners
• Then prompt follow up
0%
25%
50%
75%
100%
16%
16%4%
61%
3%
Permission granted
Permission denied
Not at this time
Still negotiating
No response(3 strikes & you’re out)
Preliminary Results
0%
25%
50%
75%
100%
11%
44%
45%
Permission granted
Permission denied
Not at this time19% university presses
6% scholarly associations
Completed Negotiations
Comparative Results
Feasibility (titles)
Posner (titles)
Posner (publishers)
MBP (publishers)Completed negotiations
0%
25%
50%
75%
100%
Notlocated
Responserate
Successrate
66%
45%
Response rate based on contacts
Success rate based on responses
97%
45%
0%
25%
50%
75%
100%
17%
70%
7%
Titles # or more years ago
Titles prior to _______
Specified titles
All out of print titles
Analysis of Permissions Granted
6%
0%
25%
50%
75%
100%
Contacted Responserate
Completionrate
Successrate
Analysis by Publisher Type
• Special publishers, authors & estates are most likely to grant permission
• Commercial publishers & university presses are least likely to grant permission
Scholarly assoc.
University press
Commercial
Authors & estates
Special publishers
Preliminary Transaction Costs
$ 28,582 Labor
$ 483 Phone calls
$ 216 Paper & postage
$ 29,281 TOTAL
Nov 2003 – Sept 2004
Does not include legal fees, administrator time, or cost of Internet connectivity or database creation.
$0.62 per book Roughly 47,500 titles
640 letters (25% in email)
582 follow up calls or email
Costs including Administrator Time
$ 31,027 Labor
$ 533 Phone calls
$ 220 Paper & postage
$ 41,780 TOTAL
Nov 2003 – Sept 2004
Does not include legal fees, cost of Internet connectivity, database creation, or administrator time on grant proposals.
$0.88 per book Roughly 47,500 titles
Administrator
– 889 email messages (5 min)
– Guess 10 letters
– Guess $50 phone calls
– Guess 300 hours data analysis,
presentations & publications
University Presses
• Began with university presses – Preliminary analysis of feasibility study data indicated
they were more likely to grant permission
• Snags– Copyright often reverts to author
when books go out of print
– More recent books will never go out of print because of print on demand contracts
– Third party copyright ownership issues
– 13 presses will consider titles WE specify
Experiments
• Compiling lists of titles – Books for College Libraries– 6 minutes per title to verify citation & copyright status
• Using Lesk’s copyright renewal records database
– Not cost effective to verify print status
– List of 300 titles takes 30 hours to prepare
• Locating authors or estates – Authors Registry– Charged $2.50 fee per author/estate found
– Same day response (25 requests)
– Found 52%
– 92% accuracy rate
Kahle v. Ashcroft – Supreme Court
• Challenge U.S. copyright system
– No records of copyright ownership
– Denies public access to orphaned works
without providing any benefits
• Submit examples of how barriers
to using out of print
books burden your
work http://notabug.com/kahle/
Public Domain Enhancement Act
• Copyright holders
– Pay small fee ($1.00) 50 years after publication
& every 10 years thereafter to retain copyright
– Provide contact information
• U.S. Copyright Office
– Handles financial transactions
– Creates public database
Thank you!Denise Troll Covey
Principal Librarian for Special Projects
Carnegie Mellon
412 268 8599