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with permission of RMR Global Unlocking the Value of IP IP discipline as key as that for financials IP as an Asset – must be subjected to the same thoroughness, management and treatment as other assets Resultant IP
Citation preview
Implementing Open Content Licences
Carol FrippDennis Macnamara
Unlocking IP November 2004
Copyright 2004 AEShareNet Ltd
Summary• Open Content issues for education and training• Digital imperatives for Open Content• Finding and acquiring other people’s resources• Open Content and pay per view• Implementing AEShareNet Licensing options
with permission of RMR Global
Unlocking the Value of IP
IP discipline as key as that for financials
IP as an Asset – must be subjected to the same thoroughness, management and treatment as other assets
Resultant IP
IP, an Aspect of Corporate Governance• People Management – because IP is generated by people and used by people
• Knowledge Management – because a lot of knowledge is informal and may or may not crystallise as recognisable category of IP
• IT Strategic Planning – because a lot of IP is IT-related; some of the more complex IP issues arise in IT context
• Contract Management – because IP is often created (or improved) in context of a contract (eg, supply contract or joint venture relationship)
• Asset Management – because IP is an asset, albeit intangible; it has a value
• Risk Management – because there are risks to an organisation flowing from its actions, or failure to act, in relation to IP (including risk of lost opportunity)
with permission of P Crisp, AGS, 2003
1. People Assets• Skills• Knowledge• creativity
3. Intellectual Assets• Processes• Information sheets• Learning resources
2. Physical Assets• Buildings• Furniture• Equipment
4. Intellectual Property• Copyright• Patents• Trade Marks
Integrating IP management into education and training business
Aspire to• Organisation decides business
plan/course program• Identify required learning
resources and existing shortfall• Assess buy and build options• License in resources from
outside• Record all IP information for
developed or licensed materials• License out your products to
others
Get Away from• (Individual trainers )develop
learning resources for current programs
• Review resources once produced
• Investigate who owns the IP/Copyright
• Work out what can be done with the materials in terms of on sales
Copyright “Was” About• Tangible things (books, journal issues, photos, vinyl LPs,
audio-tapes, microfilm, video-tapes, cassettes, diskettes, CD-ROMs, games-cartridges)
• A person bought, rented, borrowed or visited a tangible thing, or gained admission to a location where it was reproduced, performed or played
• The person had no need for a copyright licencebecause the publisher took care of that
• Replication was expensive, required infrastructure
• Copy access was limited to one person or place
with permission of Xamax Consultancy Ltd, 2003
Now About Digital Age Issues• Digital not physical / Bits not atoms• Compound objects: ‘multimedia’ plus software• Copying is intrinsic to transmission• Copying is performed by the consumer
=> Consumers suddenly need a copyright licence• Copies for personal use are indistinguishable
from copies for re-sale, and copies for adaptation• Copyability and Adaptability are intrinsic
=>
with permission of Xamax Consultancy Ltd, 2003
Operating in a digital world
• IP management issues in a digital environment cf Horse Racing
• Fragmentation of copyright ownership
• Difficulties of discovery
• Cost of copyright transactions
• Digital “outing” and disputes
• Re-inventing of the wheel
with permission of P Crisp, AGS, 2003
Copyright 2004 AEShareNet Ltd
What are some learning resource issues?
• Training now going on all over the place• Making the most use of existing resources • Copyright control for effective service
provision• Trading & sharing resources locally and
globally
Copyright 2004 AEShareNet Ltd
Advantages of a licensing approach• Permission to copy and maybe to enhance• More flexibility in how you use other people’s resources• Don’t develop from scratch• Save time and money• Collaboration• Get out to students faster• Providing a diverse learning experience for your students• The sector as a whole benefits through greater efficiency
and better products
The Case for charging for Open Content
• A method of ensuring fairness of the sharing ( eg big and small players)
• A necessity for unlocking some IP ( eg cross industry)
Derivatives
Work
Work
Work
Work
~ ~
~ ~
A Contextualisation (changes are usually too trivial to give rise to anyfresh layer of copyright)An Enhancement (substantial Changes - new IP arises, but insertions & deletions unusable apart from original Work)
A Supplementary Work (new IPArises – the new subject matter ismeaningful to some extent, withoutthe original Work)A Compilation (each item has IP, provided substantial – in addition the Compilation attracts IP because of the effort in selecting & arranging)
~
with permission of P Crisp, AGS, 2003
What is AEShareNet?
• A company owned by all the Australian Ministers of Education
• Set up to create a trading marketplace in learning materials
• Operating as a broker in the emerging marketplace
Copyright 2004 AEShareNet Ltd
What does AEShareNet provide?
• Discover what is out there, Anyone can play
• Acquire a licence to use and adapt existing resources, Anyone can play
• Make your own resources available securely, members only
• Obtain/give the permissions for use and have assurance of how the resource can/can’t be used
Copyright 2004 AEShareNet Ltd
Search – locate – preview - purchase
• Search the database using key words or Advanced searching
• Read the description and licence conditions• Preview the resource or contact licensor• Press the button to request a licence
Copyright 2004 AEShareNet Ltd
The Model
• 6 trademarked licence ‘protocols’ –• Standardised legal templates with capacity for
variable licence conditions• Consistent metadata schema• Consistent data capture capacity through a ‘local’
software package• Upload to ‘central’ system• www.aesharenet.com.au
Licence Protocols compared
AEShareNet–S2 years; Australia & NZ only
Enhancements vest in original ownerMay Supply to Third Parties
Licensor registers; Licensee acceptsAEShareNet–UPerpetual, worldwide
Enhanced version vests in LicenseeSome pre-clearance of Moral Rights
May Supply to Third PartiesLicensor registers; Licensee uses
AEShareNet–EPerpetual, worldwide
May not circumvent a TPMEnhancements (if permitted) vest in
original ownerEnd user licence; no Supply RightsLicence Fee / Royalties may apply
Licensor registers product list; Licensee selects items, quantities
AEShareNet–CCustomisable licence conditions
Enhancements (if permitted) vest in original owner
Licence Fee / Royalties may applyLicensor registers; AEShareNet
mediates negotiations
AEShareNet–P1 year, worldwide
Enhancements not permittedMay Supply to Third Parties
Licensor registers; Licensee accepts
AEShareNet–FfEPerpetual, worldwide
Can Use for Education PurposesMay not circumvent a TPM
Enhancements not permittedNo Supply Rights
Licensor applies Mark; Licensee uses
Copyright 2004 AEShareNet Ltd
New Licence Protocol
• AEShareNet-FfE:
• The Free for Education mark indicates that material may be freely used for educational purposes. The mark is a trademark of AEShareNet Limited but can be applied by anyone to any material in which they own the copyright provided they agree with the conditions set out in these pages.
Copyright 2004 AEShareNet Ltd
• For WebPages• In the copyright notice and/or footer or header
of every page of electronic formats of a document available for download
• In other formats eg CD-ROM• In the copyright notice and/or footer or header
of every page of a printed document.• http://www.aesharenet.com.au/FfE/
Copyright 2004 AEShareNet Ltd
Benefits
• For educational and training bodies no need to write to seek permissions
• For owners no need to keep responding to requests
• Can use the whole not just 10% etc• It is actually free
with permission Body on line 2004
with permission Body on line 2004
BACK END PROCESSES
• 3 month ‘clearance’ process• accounting functionality• management reports• centralised administration for accounts• e-Bank facility
Copyright 2004 AEShareNet Ltd
Become a Member
Catalogue resources using software package
Licensee pays AEShareNet- Associates prepay, - Member pays at end of settlement period
Receive licence request from Customer (could be Member or Associate)
Automatic licence acceptance
Negotiate(price/terms). Licence in ‘Under
Negotiation’ status
Create an offer based on negotiations. Licence in ‘Draft’
status
Licence Accepted. If taken out by Member licence is completed,
Associate licences show as ‘Payment Pending’ status until payment is
received by AEShareNet
Associates are ‘non-members’
who self register at the time of transaction.
Licensees and Licensors are notified of any events
in the system by email throughout the process
Licensor provides “copy” of resource on
acceptance by licensee
AEShareNet pays licensor for all transactions collected
in previous period (less 10%)
!
!
Case Studies
• NSW Federation of Housing Associations (sell side)• Thomson Education Direct ( buy side)• AHOOT (sell side)• Deakin Prime ( buy side)• BBC Publications ( sell side)• Body Online (sell side)• TAFESA (both sides)
Issues Arising
• Cataloguing content• Metadata for easy find• IP management for future share and trade• Balance of share and trade• Readiness for online trading• Readiness for IP trading marketplace
AEShareNet SUMMARY
• Provides a means to ‘share’ and to ‘trade’• While ensuring sound legal frameworks for
managing IP in training• Concepts applicable to all industry sectors
LESSONS LEARNT
• Need to increase awareness of IP issues• Senior management buy-in• Bringing paper & online processes together• Resultant IP pricing an undeveloped art• ‘not invented here’ syndrome still alive• Education and training moving from cottage
industry to e-business models
Final Comments
• There is a lot more to Open Content licensing than just developing the templates
• Business models and transaction platforms are vital
• IP fundamentals are prior knowledge requirements• It is tricky to be a broker before the exchange is
cemented• www.aesharenet.com.au