Copyright Clearance for Genetics BooksA pilot project at the Wellcome Library

Christy HenshawProgramme ManagerWellcome Digital Library

Go Digital Now! Quick and Easy Digitisation with the ARROW Rights Information System

London Book Fair, 17 April 2012

The Wellcome Trust

• A global charitable foundation

• Achieving extraordinary improvements in human and animal health

• Supporting the brightest minds in biomedical research and the medical humanities

• Exploring medicine in historical and cultural contexts

The Wellcome Library

• Major resource for the study of medical history

• Collections of books, manuscripts, archives, films and pictures on the history of medicine from the earliest times to the present day.

• Provide insight and information to anyone seeking to understand medicine and its role in society, past and present.

• Provide access to a growing collection of contemporary biomedical information resources relating to consumer health, popular science, biomedical ethics and the public understanding of science.

The Wellcome Library

The Wellcome Library

• 2,000 books related to genetics research

• 1m pages of archival materials (incl. those held elsewhere)

• 14,000 early printed books (until 2015)

• 7,000 Medical Officer of Health reports (population statistics)

Digitisation projects 2010-2013

The Wellcome Library

The goal is to make around 2,000 books freely available online.

• Monographs, conference proceedings, collected works, multi-volume works published after 1850.

• Over 50 countries represented (majority are UK or USA)

• Comprise both primary and secondary sources for history of genetics

• We knew up to 90% of these books were potentially in-copyright

• Average of around 4 authors/contributors per title (6,800+)

Genetics Books - overview

The Wellcome Library

The aim is to determine the copyright and in-commerce status of each book, and trace copyright holders to request permission to publish online.

• Wellcome, ALCS and PLS are working together to test feasibility of tracing copyright holders (January – June 2012)

• ALCS/PLS are providing a due diligence service using the ARROW workflow, including:

• The European Library catalogue• Member/works databases• Liaison with international sister organisations• Any relevant and available online lists, databases• Search engines• Follow up leads (e.g. writing to past place of work)

Due diligence

The Wellcome Library

The aim is to present copyright holders with attractive options to encourage free public accessibility.

• Engaging and clear explanation of the project and works included

• FAQ including extended definitions of access terms

• Basic licence terms allow the Wellcome to provide access as follows: • Non-commercial uses only• Attribution required• Terms of licence to be shared• Plus option to restrict copying, sharing, downloading, etc.• All licensors have the right to request a take-down at any time

Requests for permission

The Wellcome Library

• If no response is received after initial contact, further attempts will be made – at least twice, depending on the individual case and method of contact.

• Any further communication with rights holders, beyond initial contact, is with the Wellcome Library.

• A due diligence database, comprising bibliographic data, information on communications with rights holders, and status reports from ARROW is maintained as a record of activity.

• A list of authors to be traced (to be updated as required) is available online (http://library.wellcome.ac.uk/assets/WTVM052569.pdf).

Follow-up

The Wellcome LibraryFollow-up

Preliminary statistics

In commerce 8%

Out of copy-right15%

Rights-holders not identified

10%

Rights-holder(s) identi-fied36%

Some (but not all) rights

holders identified

31%

This chart describes the first 500 works to complete the ARROW workflow.

By definition, these include the easiest works to identify.

Full analysis to be done in June/July 2012.

Letters have only just been sent for the 67% with identifiable rights-holders.

The Wellcome Library

Based on information gathered during the due diligence process, the Wellcome Library will make the following works freely available online:

• Out of copyright works• Works that have been licenced to the Wellcome for free public access• Unlicensed works whose rights holders cannot be identified or traced

(Orphan Works)• Unlicensed works whose rights holders can be identified, but there

has been no success in making contact

What goes online?

The Wellcome Library

The Wellcome Library will not make the following works available online:• Works that are still in commerce• Works where rights holders have refused permission to publish freely

and openly online

The Wellcome Library will remove works from their websites when requested by:

• Rights holders who agreed to licence the works, but then change their mind (at any time)

• A rights holder who comes forward who could not previously be traced or contacted

What does NOT go online?

The Wellcome Library

• There is a vast resource of 20th century scholarship ready to be unlocked through the efforts of digitisation

• Providing access to such resources is the Wellcome Library’s purpose for existing

• Current legislation does not recognise the value of these resources, or support the need to provide access to them

• There is little guidance available on reducing risks to copyright holders, merely an unofficial acknowledgement that “due diligence” can greatly reduce this risk

• For these reasons, the Wellcome Library supports the recommendations on Orphan Work legislation presented in the Hargreaves Report

Legislation gap

The Wellcome Library

• Due diligence is a “best endeavors” approach to tracing and contacting rights holders

• There is no universally-agreed due diligence methodology

• The Wellcome, ALCS, PLS partnership will test the feasibility of due diligence for large scale digitisation

• Value-for-money is key: do the outcomes justify the expense?a) Ability to trace copyright holders

b) Positive vs. negative response rate from copyright holders

c) In the end, is making these works available worth the investment that was required to achieve a) and b)?

• These questions are still waiting to be answered

Conclusion

The Wellcome Library

Thank you!