Protecting and managing rights
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Contents |
OVERVIEW
This article is taken from the IPR Toolkit Overview and 3.10 Rights Management Template.
Dealing with copyright-protected works and, specifically, those that might be classed as ’orphan works‘ reinforces the importance of basic IPR and licensing literacy across the public sector. In particular, the effective management of rights needs to be supported by standard forms, documentation systems and high levels of staff awareness about copyright and risk management. This is important in order for public-sector bodies to make informed decisions to take full advantage of their content, providing public access and reducing risks. Certainly, rights management should be seen as an ongoing process within a broader IP ecosystem of events, workflows and standards, rather than an occasional, one-off event.
Rights holders can include any of the following and a combination thereof located across international jurisdictions:
- Public-sector bodies themselves
- Creators
- The Crown
- Licensing agencies and other nominated agents and administrators
- Business and other sectors
- Non-staff and other third-party rights holders
The length of copyright protection, the heterogeneity of this content and the likelihood of mash-ups and creations of media-rich works, will result in multiple layers of rights, owned by a diverse range of rights holders. For example, a piece of music found on iTunes may include the words, which will be protected as a text based work, the music, and the recording of the piece. All will potentially be protected by copyright and may require permission for reuse from more than one rights holder.
Rights management template
Within any rights clearance strategy, it is vital to ensure that any rights, subsequent permissions granted or not granted, rights holders who have not been traced etc, are recorded in an appropriate format to ensure that there is clarity regarding the status of works, crucial information is captured and this information can be easily accessed and shared across a public-sector body. As a means to ensure the information is recorded comprehensively, it is recommended that all information is recorded, including rights for which permission has already been granted.
The template below is based upon SPECTRUM, the National standard for collections management, produced by the Collections Trust. The types of fields, which can be mapped into pre-existing collections management databases or used to create the headings of fields in simple off-the-shelf spreadsheets and databases, might include:
Ref No
The reference number of the content for which rights clearance is required, if appropriate (patent number, an internal reference number, etc).
Object Name
The type of piece of content for which rights clearance is required.
Title
The title of the piece of the content; this might be the name of painting, title of a book, etc.
Content description
Reference to specific born-digital image on a website etc, or another piece of content if it does not have a name or formal title.
Right type
The type of right for which permission is required.
Right begin date
The date that the right began (the date when the patent was granted; the date copyright in an image, in an unpublished piece of text etc, started).
Right end date
The date that the right expired or is due to expire (the date when the patent was first applied for plus 20 years; the expiry date of copyright in an image, in an unpublished piece of text, etc).
Right holder
The name of the rights holder (where known).
Org address
The address of the rights holder (where known).
Rights in begin date
The date from which any permissions to use content have been granted.
Rights in end date
The expiring date of any permissions to use content (eg, whilst some permissions might be granted in perpetuity, others may be time or product limited).
Rights in note
Field for recording any extra information, such as any ’due diligence‘ carried out in order to trace the rights holder etc.
Rights in consent status
The status of the rights clearance – ie cleared, permission pending, permission refused, rights holder not found, etc.
Rights out begin date
The date from which any permissions to use content by third parties (including users) have been granted.
Rights out end date
The expiring date of any permissions to use content by third parties (eg, whilst some permissions might be granted in perpetuity, others may be time or product limited).
Rights out holder
Details of the any users of the content that this created, or details of the open licence that has been chosen in order to facilitate further use of the content.
Rights out note
Field for recording any extra information associated with the permissions that have been granted.
Rights out consent status
The status of the rights clearance – cleared, permission pending, permission refused, etc.
Author record
The name and job title of the person who created the record.
Date record
The date that this record was last updated.
Sources of further advice
- Use the IPR Navigation Map to identify the issues to be aware of and which of the IPR Toolkit practical tools listed below will provide appropriate advice and guidance.
- Consider the IPR and licensing: scenarios provided as part of the Toolkit.
- Consult Web2rights which offers a range of diagnostic tools and flowcharts to support rights management in different situations.
Links to IPR Toolkit Resources as PDFs
Background papers
Reports
Practical tools
3.4 Top Tips for Issuing Licences
3.5 Top Tips for Requesting Licences
3.8 Template Email Permissions Form
3.9 IPR Template Permission Letter
3.10 Rights Management Template
3.12 Model Contractual Clauses for Requesting Permission from Staff
3.13 Example Consortium Agreement
3.14 Model Contractual Clauses for Requesting Permission from Students/Volunteers
3.15 Model contractual clauses for requesting permission from freelancers/subcontractors
3.16 Template Terms and Conditions of Service
Template policy statements
2.1 Draft Institutional IPR Policy Statements
2.2 IPR and Licensing Blue Print for Funding Bodies and Recipients of Funding
Related Digipedia links
IPR policy statement for the public sector
Orphan works and risk management
Web 2.0 and legal issues factsheet
Further information
General resources
Intellectual Property Office: Overview of the legislative framework and policy issues/developments regarding Intellectual Property Rights
Office for Public Sector Information: Information about Crown Copyright material, click use licence for reusing Crown Copyright material and access to the consolidated copyright legislation.
British Library Business and IP Centre: Provision of resources, support and advice relating to the creation and exploitation of IP within a business context
Licensing schemes and open content licensing initiatives
Copyright Licensing Agency (CLA)
Design and Artists Copyright Society (DACS)
Resources for health professionals
Resources for schools, colleges and universities
JISC Digital Media Online Image Finding Tutorial: Interactive tool providing information about how to find images online which can be used with the least amount of restrictions
Web2Rights Project: JISC funded project providing interactive copyright and other legal issues tools, resources and charts for use by JISC funded projects
JISC Casper: Interactive tools and associated resources for dealing with copyright issues in schools and projects who are reusing content
JISC IPR and Web2.0 Animation: IPR and Web2.0 animation commissioned by JISC and built around the Web2Rights project deliverables
Becta: Information about IPR for schools
JISC IPR Consultancy: Briefing documents about IPR and monthly IPR Newsletter
JISC Open Content Licences Overview Paper: Overview paper providing guidance about the use of open content licences for JISC funded projects
JISC Model Licence Interactive: Interactive tool which provides an overview of the benefits of the JISC Model Licence
TrustDR Project: JISC funded project providing supporting documentation relating to the establishment of a digital rights management system for repositories
JISC Legal: Support for HEIs and FEIs on legal issues
OSS Watch: Support for HEIs and FEIs on open source licences
Resources for the cultural heritage sector
Collections Link: Comprehensive resources relating to IP and licensing for cultural heritage bodies
Harvested links
- Copyright Essentials
- A Collections Trust factsheet providing an introduction to copyright law for the non-specialist collections manager. [?]
- Training Course: Copyright Essentials
- This training course provided by Museums Galleries Scotland offers an introduction to the principles of copyright within the context of caring for collections. It offers basic and practical training, [?]
- New guide to copyright for cultural heritage organisations
- The Collections Trust is delighted to announce the publication of a new guide to copyright for cultural heritage organisations. [?]
- Collections Management Network website
- Collections Management Network (CMNetwork) is a consortium of consultants, advisers and trainers with expertise in collections management. We work together to provide practical, authoritative, cost ef [?] <span id="fck_dom_range_temp_1287584946184_396" />
[[Role::newcomer]] [[Role::strategy manager]] [[Role::policy maker]] [[Role::project manager]] [[Role::content manager]] [[Role::acquisitions manager]] [[Goal::managing]] [[Goal::copyright]] [[Goal::IPR]] [[Goal::legal]] [[Level::basic]] [[Level::medium]] [[Level::deep]]
