Intellectual Property Rights Management in the Digital Age


As the world is transformed by technical innovations, humankind tends toward an exponential increase in the amount of information that is being distributed. Basic office software can now allow anyone with a computer to present one’s ideas in an attractive, accessible format. Combining this level of professional presentation with the internet, one can publish one’s ideas for the world to see. In an open exchange of information, this may seem equitable for all parties involved, but often information is presented on the internet without proper considerations for the ownership or copyrights of said information. An additional drawback to the facility of publishing materials onto the internet is the reliability of the information being presented. It is for these reasons that it becomes necessary for any virtual source of information to document the rights associated with, and authority of, that source’s product.

My work with DList entailed several goals, including:

  1. To achieve a functional competency in the use of HTML.
  2. To increase my knowledge of the structure and organization of Digital Libraries. I will observe DLIST and model its structure and the relationships of its parts.
  3. To research and describe copyright and digitization status of classic articles/texts in LIS.
  4. To locate and collect in one place (web-based) the copyright agreements that LIS journal publishers currently use, and
  5. To explore current rights metadata and associated software for 'self-archived' and/or multi-institutional disciplinary repositories and advise DLIST.

In addition to the above, I completed a few additional tasks, outlined here. My conclusion may be found here.

1. HTML Competencies

During the course of my work with DList, I have designed over 60 webpages. Many of these are included in my homepage. The remainder of these pages are devoted specifically to DList. To this end, I have designed many pages using Frames, Forms, New Windows (through the "target=_" function), javascript, php, xhtml and xml. I also learned to map images so that they may be used as navigation tools, see my Flowchart.

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2. Structure of a Digital Library

I began this section specifically to outline the management structure of a digital library, perhaps to facilitate starting one for myself later. My first attempt at mapping out the structure of the digital library covered the tasks involved by each member of the team, from Project Manager and Principal Investigator through Quality Assurance, Rights Management, Metadata Verification and Information Technology.

The final version of this task became a work flow of the submission process, from submission through selection verifications posting and retrieval. An additional task I performed as an extension of this was the creation of a Submission Tutorial.

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3. Classic works in LIS

During the course of my work, I was given a list of 55 sources which were being considered for submission. My duty was to investigate the copyright status of each work. For print sources, I did this by visiting the U.S. Copyright Office and researching each text individually. Almost all of the print sources had U.S. Copyrights, but several documents did not. This does not mean that the works are not copyrighted, simply that the copyright is not registered in the U.S. Copyright Office.

All documents carry an implicit copyright without being registered, and this is especially true for webpages. Several of the documents I was asked to investigate were created in India and the UK, and so were not registered in the U.S. system. Each country has its own copyright law, both very similar to the U.S.'s. Unfortunately, though, neither country has a web-accessible database of held copyrights, so it was not possible to check these documents. A list of these sources along with their copyright status is available on my Classics page.

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4. Copyright Agreements of LIS Journals

This was by far the largest part of my internship and I regret that I was not able to locate information for all the 56 journals requested. I began each search by entering the title into a search engine to locate any associated information. Generally this led me to both a homepage and/or a publishers page. Occasionally, it was not possible to locate information in this way, so I used SABIO to determine the publisher and followed by searching the publisher's website. Once a Publisher was determined and a homepage located, I searched for any pertinent information for the copyright policies of the publisher as well as whether the publisher allowed authors to self-archive their works, and to what extent.

I found that almost all journals demanded copyright be transferred to them. In most cases, these publishers left some rights retained by authors, under which would be found the right to self-archive. In many cases, I found that the wording of the agreements was rather vague and I found it necessary to email the publishers for clarification. Of the 16 emails I sent, representing approximately 33 journals, only 4 responded, even after a second attempt.

Several of the self-published journals lacked any comment of copyright at all. The author agreements did not ask for copyright transfer agreements, nor what rights were retained by each party. Ironically, many of these same journals discussed copyright issues in their subject matter.

The final version of this work appears on 2 webpages. I had initially attempted to put all of the information on one page, but it quickly became too unwieldy. The first page is a Matrix of Journals, Publishers, types of copyright agreements and what sort of self-archiving is allowed. The second page is a Listing of Journals with excerpts from the Publishers' policies as well as pertinent URL's. The two pages work together to guide potential submitters to the policies of the journal they may have used. A disclaimer was added to each page relinquishing DList of the responsibility of assuring copyright compliance.

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5. Rights Metadata

To explore current rights metadata and associated software for 'self-archived' and/or multi-institutional disciplinary repositories and advise DLIST, I have explored many resources. These include:

Each of the above standards has its individual advantages, but no single standard has yet established itself above the others.

An important note is that I have not found software designed specifically for harvesting Rights Metadata. Rather, each markup language is a format from which standard harvesters may compile this information. It is not yet determined which, if any, harvesters can handle Rights Metadata.

All of this information may be found at my Rights Metadata page.

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Unassigned Tasks

Though not originally part of my internship goals, there were two additional projects I undertook. The first was to research various digital libraries and compile information about their privacy statements. This information was then compiled and compared with the needs of DList, to generate a unique Privacy Policy for DList.

The second task involved creating a submission tutorial that would guide a user through the Submission Process. For this project, I found it necessary to use actual DList pages within the Frames of another page. The Dlist pages were edited to disable all possible links, so that the user would not inadvertently leave the site.

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Conclusion

During the course of this internship, I learned many skills which will help me later in my career. I feel that I have reached an advanced competency in HTML 4.0 which is indispensable for the information professional. I have learned the structure of a digital library from both the management and users' perspective. I have gained practical experience in researching the copyright statuses of various works. I also gained the valuable experience of contacting publishers and learning their submission procedures. Finally, I was introduced to the expanding field of Rights Metadata.

Beyond the very practical skills taught to me during the course of my internship, I learned a lot about the nature of Copyrights. When I began this journey, I felt that the transfer of copyright from author to publisher gave the publisher to much control over works at the expense of authors. I still feel that this is a justifiable concern, but I have come to appreciate the need for Commercial Journals to retain publication rights to avoid losing profits on a work. Fortunately, many publishers have reached the conclusion that it is better to let authors retain more rights over their works, especially as regards sharing the fruits of their labors with colleagues. I have personally lost much of the apprehension I felt toward someday publishing my own work through these journals.

I have enjoyed this experience and feel that it has better prepared me for my future career.

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Copyright © 2003, QED2000
Revised: May. 7, 2003