Exploring the Feasibility of Seeking Copyright Permissions

ALA Annual ConferenceJune 16, 2001

Carole A. George, Ed. D.Carnegie Mellon University Libraries

•The Copyright Permissions Project was initiated by the University Libraries in July, 1999.

•The Libraries’ goal was to “become a recognized leader and migrate to a predominantly digital library”.

•Another issue affecting the Libraries was a serious concern about the lack of space for physical collections.

•Providing more digital full-text resources addresses both issues, though how best to provide these resources is still uncertain. Many questions are still unanswered.

•This project examined the feasibility of acquiring copyright permission.

Project Description

The goals of the project were to

• Obtain a realistic estimation of the time it takes

• Develop an understanding of the complexity of the process

• Determine the issues related to

Acquiring permission for

• Full-text digitization of copyrighted materials

• Enabling full-text searching

• Providing free-to-read access to Internet users

Project Goals

Random SampleA random sample was selected from the Libraries’ collection. The eligible materials totaled 337.

A record for each title was stored in an electronic database. Each record included:

•Bibliographic information

•Copyright holder’s address, phone and fax

•Dates for request letter and follow-up letter

•Response details

Random SampleThe eligible materials totaled 337 and varied with respect to publication type and publisher type.

Publication Type

Books 76%

Conference Proceedings 8%

Series 6%

Exhibit Catalogs 2%

Annual Reports 1%

Other Publications 7%

Publisher Type

Commercial 61%

University Press 16%

Associations 12%

Museums, art galleries, misc.

8%

Government 2%

Copyright Protected – 316 or 94% of the eligible material (337).

Process Overview

Create the databaseExamine the records

Distribute the letters

Update records.Send Follow-up

Send to Scanner

NoYes

“Yes/No” Reply

“Yes/No” Reply

NoYes

Copyright Permissions Request Forms

A letter with response form in duplicate was sent by postal mail to the holder or holder’s agent to request permission.

Original Duplicate

Copyright Permissions Response Form

•Permission to digitize, OCR, enable full-text searching, provide “free-to-read” Web access to all Internet users, and forward requests for purchase to__________________________________________

•Permission to digitize, OCR, enable full text-searching, and provide free Web access ONLY to Carnegie Mellon users.

•Permission to contact other rights holders to negotiate.Contact name and phone number____________________________

•No permission given.

In addition to requesting the signature of the holder, the response form offered four possible options.

Contributing Factors

• Many addresses of holders or holders’ agents were difficult to find. Some were never found.

• Many were too complicated to pursue.

Multiple copyright holders

Numerous tables, charts, photos

Address Unknown

Records that were complicated or had unknown addresses were eliminated.

The initial permission request letters were sent to 278 holders or holders’ agents.

1

2

3

4

Initial Request Letters and Follow-up Letters

Initial request letters were sent to 278 holders or holders’ agents. Over 60% (168) required at least one follow-up letter.

Initial Follow-up

Responded (Yes or No) to the initial letter.

Required a follow-up letter.

40%

60%

278 initial letters

168 follow-up letters

Summary of Responses

Initial request letters were sent to 278 holders or holders’ agents. The results were varied and are summarized below.

Number Percent *

Initial Request Letters Sent 278

“Yes/No” Reply 143 51%

No Response 83 30%

Address Unknown 30 11%

Ineligible 15 5%

Complicated 7 3%

* Percent of initial letters (278)

Requests - Summary of Responses

Summary of “Yes/No” Replies

Of the 278 holders that were contacted, over 50% responded with a “Yes” or “No” reply. This is a summary of those responses.

Number Percent*

“Yes/No” Reply 143 51%

Permission denied 81 29%

Permission granted 62 22%

Full Permission granted 21

Granted with restrictions 41

* Percent of initial letters (278)

Permission Requests - Summary of “Yes/No” RepliesInitial Request Letters Sent - 278

Response Time

•Over 60% of initial letters required a follow-up letter.

•The time between follow-up letters was often six to ten weeks.

Average time for “No” replies 124 days

Average time for “Yes” replies 101 days

The average for response time was over three months from the time the initial letter was sent and the time an answer (“Yes/No”) was received.

Initial LetterFollow-up

LetterThe time between the initial letter and the follow-up letter often exceeded four weeks.

“Yes/No” Replies by PublishersResponses to requests varied by type of publisher. This is a summary of the responses of the major categories.

Permission Requests - Results by Publisher

Permission Granted

Permission Denied

No Response OtherResponse

% of category % of category % of category % of category

Associations (38) 45% 13% 32% 10%

University Press (51) 37% 47% 6% 10%

Museums, galleries, misc. (26) 31% 12% 15% 42%

Commercial Publishers (156) 12% 29% 29% 30%

Note: Other responses to requests for permission resulted in complicated records, ineligible records, and addresses unknown.

Conclusion

•Obtaining an answer wasn’t easy, however, receiving permission was even more difficult.

•Commercial publishers were the most reluctant to share their rights.

•Though the process might be fairly straight-forward, it can be time-consuming.

•The process has been defined, the database of publishers has been developed, and procedures have been established.

•Approximately 22% have resulted in permission to digitize the material.

•Future projects - tracking the amount of time for each step in the process might provide helpful information related to staffing decisions.

Digital Library InitiativesExploring the Feasibility of Seeking Copyright Permissions

ALA Annual ConferenceJune 16, 2001

In July 1999 the Carnegie Mellon University Libraries began a study to determine the feasibility of acquiring permission to digitize copyrighted material and make it available via the Internet. The goal of the study was to determine a realistic estimation of time, develop an understanding of the complexity of the process, and determine the issues related to acquiring copyright permission. This presentation summarized the preliminary results of the project.

Thank you for attending this presentation. If you have any questions, comments, or would like a copy of this PowerPoint presentation please feel free to contact me.

Carole George - cgeorge@andrew.cmu.edu

Carole A. George, Ed. D.Carnegie Mellon University Librariescgeorge@andrew.cmu.edu(412) 268-6969