>>Intellectual Property

HEADLINE: The Working Group on Intellectual Property


1. HISTORY

At the May 2000 NINCH Board meeting, members discussed possible complementary follow-up work to the successful ongoing NINCH Copyright Town Meetings.

One proposal was to hold a conference to identify an I.P. action agenda that would include, for example, the difficulty of clearing rights for large amounts of, especially non-text, material. Comments included:

  • that this should be an invitational meeting;
  • that it might be broadened to other types of legal issues, e.g. property law, contract law;
  • that international issues be included, particularly in the art field;
  • that the perspectives of both researchers and producers be addressed; and
  • that a focus might rather be what kind of world we would like ideally for networked cultural heritage property.

2. SCOPE OF WORK/CHARGE

NINCH has a good record of educating its constituents about the basics of copyright law and of current legislative developments through its website and the NINCH Copyright Town Meetings. Early attempts to advocate for particular legislative solutions were rebuffed in favor of an activist educational approach.

The copyright town meetings have revealed the progress of thinking about i.p. issues within the community and have shown several directions for development. The CSTB publication "The Digital Dilemma," favored further research into handling i.p. issues in a time of rapid technological change, rather than further legislation.

As there are several areas in which NINCH constituents are unable to pursue their work in a digital environment because of i.p.-related problems, there is a good case for using the breadth of the NINCH constituency to draw up a list of non-legislative issues that are inhibiting the networking of cultural heritage. Such a list of items could form an "action agenda" on which NINCH and partners could work to resolve some current roadblocks. It is recommended that such an agenda be expansive and heuristic and not be limited to solving immediate problems of business-as-usual.

A statement of first principles is in order, especially in regard to private goods, the public good and the importance of an “information commons,” protected from commercial interests.

3. POSSIBLE THEMES & DIRECTIONS

The Working Group agrees that a likely instrument for creating such a proposed agenda would be one or two small, invitational conferences of key figures from across the cultural-educational field. The conference would begin by considering broad themes or areas where we believe there is potential for being able to organize or influence future work. The following are initial brief, illustrative examples:

    RIGHTS & PERMISSIONS
    • proposal to explore the development of automatic rights clearance through advanced technology;
    • other ideas for automating, streamlining or making more efficient the system of seeking and granting permission to reproduce material [see one current project at Smithsonian developing a standard form to help academics think through their needs in requesting permission to re-use images]

    LICENSING & OTHER BUSINESS MODELS FOR DISTRIBUTING I.P.

    PUBLIC DOMAIN

    • working with the Center for the Public Domain, the Knowledge Conservancy and other groups to assist in stemming the demise of the "information commons".

    GUIDELINES & PRINCIPLES

    • identifying areas where guidelines are needed
    INTERNATIONAL IMPLICATIONS...

4. PLAN OF ACTION

  • Agreement on scope and outcome of our efforts
  • Outline the means to achieve our goal. Several possible lines of thought:
    • one or two invitational conferences (when, how many people, what kind?)
    • funding possibilities
    • likely partners
  • Frame a rough timetable
  • Clarify next steps

5. CURRENT WORKING GROUP MEMBERS

    Elizabeth Aldrich, Dance Heritage Coalition
    Susan Ball, College Art Association
    Robert Baron, Independent Scholar
    Peter Hirtle, Cornell University/Society of American Archivists
    Michael Jensen, National Academy Press
    Stanley Katz, Princeton University
    Christine Sundt, University of Oregon
    Marta Teegen, College Art Association
    Sanford Thatcher, American Association of University Presses
    Peter Walsh, Wellesley College/College Art Association, IP Committee
    Martha Winnacker, University of California System
    Diane Zorich, Museum Computer Network


Introduction & Scope | Members
RIGHTS AND PERMISSIONS | IP MANAGEMENT: Education & Training | LICENSING & OTHER BUSINESS MODELS | PUBLIC DOMAIN | INTERNATIONAL IMPLICATIONS |