Rights statements for New Zealand collecting institutions

Discussion document and survey about whether the DPLA/Europeana rights statement schema could be adopted across the New Zealand GLAMs sector. October 2017

October 2017

Discussion document and survey

This document is intended to initiate a discussion with other interested organisations on whether the DPLA/Europeana schema could be adopted across the New Zealand GLAMs sector, including the modifications needed to reflect the New Zealand context, both legislative and cultural.

Download the rights statements discussion paper (pdf, 260KB)

It summarises the findings from a National Library of New Zealand initiative to evaluate adopting the rights statement schema developed by the Digital Public Library of America (DPLA) and Europeana.

There has been a lot of discussion in the GLAM sector about dealing with copyright and terms of use (see DPLA Getting it right on rights). Accordingly, the National Library’s Strategic Directions to 2030 seeks to enable New Zealanders to easily access, share and use the collections available from libraries, educational, cultural and research institutions. We believe that adopting a shared rights schema, such as DPLA, would contribute to improving the openness and reusability of collections by providing:

  • A foundation for developing user-friendly terms of use
  • A shared community of consistent practice
  • A common vocabulary for aggregated delivery of metadata

The end goal is that users will be able to understand what they can and cannot do with works in collections.

We invite your feedback on this proposition by completing a brief online survey

Feedback on this paper will be used as the basis for further discussion with interested organisations in New Zealand. A summary of comments will also be shared (anonymously) with the organisers of the NDF workshop “Getting Your Collections Open” in November 2017.

We look forward to receiving your responses and suggestions by Thursday 16 November 2017.


Background

The increasing availability of digital collections, combined with the ability for users to copy or convert content in digital forms, has created tensions between cultural organisations’ desire to make collections readily available for re-use, and the need to respect the rights of copyright owners, holders of traditional knowledge, and collection donors.

A consistent set of rights statements (a “schema”) that allows categorisation of collections will help to manage those tensions. Using a rights statement schema provides a base upon which organisations can offer services and advice reflecting the reuse status of a specific item or collection, which provides a more seamless experience for researchers.

In response to this need, in April 2016, the Digital Public Library of America and Europeana launched RightsStatements.org, providing a collaborative approach to rights statements that can be used to communicate the copyright status of cultural objects. The collaboration “establishes the vocabulary that every organization can use to talk to their audiences about copyright and related rights in a meaningful way”. The intent of rightstatements.org is to encourage adoption by other organisations across the globe.

Rightstatements.org offers 12 rights statements that provide users with consistent high-level information about the copyright and re-use status of digital objects. A separate paper describes the enabling technical infrastructure supporting those statements.

For convenience, this paper will refer simply to the “DPLA schema”.


Rights statements

Rights statements are standardised terms which can be used to communicate the copyright status of an item or collection, and other conditions affecting use.

While the rights statements in the DPLA schema provide some information about how the item or collection may be used, on their own they are not sufficient to determine this. Rights statements for items should be made available with a statement about the terms of use or any applicable licence, such as a Creative Commons licence.

Benefits of the DPLA schema

The adoption of the DPLA rights statements schema may offer the following benefits to heritage organisations and their users:

  • A consistent set of statements and explanations for users
  • A ready-made schema devised by on-line content specialists, eliminating the effort of devising separate schema for each organisation
  • A relatively small number of statements that cover a range of usage situations
  • A compromise between wordy legal statements and overly simple user-friendly instructions
  • Ability to adapt the schema to reflect local circumstances, such as mātauranga Māori and other cultural considerations
  • Statements that can be consistently applied:
    • to all collections in a single organisation, and/or
    • across multiple delivery platforms
    • across multiple organisations in the GLAMs sector.

National Library exploration

The National Library began work in 2016 to evaluate whether it should adopt the DPLA schema, rather than creating its own rights statements.

The Library’s evaluation involved identifying a range of common scenarios and considering how well the DPLA schema informs users of the use conditions. The evaluation also involved consultation with legal advisors for advice on the New Zealand legal environment, as well as e-mail discussions with DPLA committee members to clarify specific points.

The Working Group noted that:

  • The statements were suitable for most of the NLNZ scenarios identified, and provide clarity in various situations affecting collection use, such as copyright status changes, donor agreements, and unlocatable rights holders
  • Three of the statements are not applicable to the New Zealand legal environment. Other parts of the schema need adaptation to reflect the New Zealand legislative environment, and that any adaptation should be discussed at a national level; also, a new statement is needed to cover cultural and ethical considerations affecting re-use.
  • Use of the DPLA schema provides opportunities to align with other GLAMs organisations.
  • The distinction between rights statements and Creative Commons (CC) licences needs to be clear. Where applicable, both the rights statement and the applicable CC licence should be made available to users at the same time.

Details of the assessment and scenarios considered are provided below in Appendix A: National Library Assessment: Initial rights matrix.

As part of the evaluation, Working Group members engaged informally with other New Zealand cultural heritage organisations, and noted considerable interest in the DPLA statements. Before continuing the work, the Library wants to gauge the interest in a shared approach to explore the wider applicability of the schema.

The National Library wants to adopt the DPLA schema, and is interested in working with the GLAMs sector to explore issues specific to New Zealand.


Next steps

The level of effort associated with assessing and implementing a schema could be considerable. Therefore, the National Library will investigate and share learnings from other organisations exploring rights statements, including their implementation.

We look forward to receiving your input and suggestions, via the online survey.

Other questions can be sent to Ruth.MacEachern@dia.govt.nz.


Appendix A: National Library Assessment: Initial rights matrix

DPLA/Europeana statements supported for use by the National Library of New Zealand

All full DPLA status’ contain the following disclaimer:

DISCLAIMER The purpose of this statement is to help the public understand how this Item may be used. When there is a (non-standard) License or contract that governs re-use of the associated Item, this statement only summarizes the effects of some of its terms. It is not a License, and should not be used to license your Work. To license your own Work, use a License offered at http://creativecommons.org/.

From the full DPLA statement, only the URL is to be embedded in our metadata.


The statement implies that we have determined that the item is in copyright, and that we are either the rights-holder, have obtained permission from the rights-holder to make the work available, or are making the work available under an exception or limitation to copyright which entitles us to make the work available.

Full DPLA statement wording

This Item is protected by copyright and/or related rights. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s).

Notices

  • Unless expressly stated otherwise, the organization that has made this Item available makes no warranties about the Item and cannot guarantee the accuracy of this Rights Statement. You are responsible for your own use.
  • You may find additional information about the copyright status of the Item on the website of the organization that has made the Item available.
  • You may need to obtain other permissions for your intended use. For example, other rights such as publicity, privacy or moral rights may limit how you may use the material.

URI for this statement

http://rightsstatements.org/vocab/InC/1.0/

Items that may fit this status

Would be applied to work where we know who the rights holder is as well as being within the term of copyright. For example:

Sharon Murdoch's cartoons
Ans Westra's photographs


DPLA guidance

This statement is intended for use with an item that has been identified as in copyright but for which no rights-holder has been identified or located after some reasonable investigation. Only use if we are reasonably sure the work is in copyright.

Full DPLA statement wording

This Item is protected by copyright and/or related rights. However, for this Item, either (a) no rights-holder(s) have been identified or (b) one or more rights-holder(s) have been identified but none have been located. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use.

Notices

  • If you have any information that can contribute to identifying or locating the rights-holder(s) please notify the organization that has made the Item available.
  • Unless expressly stated otherwise, the organization that has made this Item available makes no warranties about the Item and cannot guarantee the accuracy of this Rights Statement. You are responsible for your own use.
  • You may find additional information about the copyright status of the Item on the website of the organization that has made the Item available.
  • You may need to obtain other permissions for your intended use. For example, other rights such as publicity, privacy or moral rights may limit how you may use the material.

URI for this statement

http://rightsstatements.org/vocab/InC-RUU/1.0/

Items that may fit this status

  • Rights-holder deceased within the last 50 years; heirs or trustees not known
  • Rights-holder un-locatable (after a defined diligent search)
  • Rights-holder(s) not known but item created within last X years (X to be determined)
  • Rights holders name known but unable to contact them, distinguish them from others of same name, or discover who may have inherited their copyright

DPLA guidance

Only use for works for which we are the rights-holder, or for which we have explicitly been authorised by the rights-holder to allow third parties to use the work for non-commercial purposes without obtaining permission first.

Full DPLA statement wording

This item is protected by copyright and/or related rights.

You are free to use this item in any way that is permitted by the copyright and related rights legislation that applies to your use. In addition, no permission is required from the rights-holder(s) for non-commercial uses.

For other uses you need to obtain permission from the rights holder.

Notices

  • Unless expressly stated otherwise, the organization that has made this Item available makes no warranties about the Item and cannot guarantee the accuracy of this Rights Statement. You are responsible for your own use.
  • You may need to obtain other permissions for your intended use. For example, other rights such as publicity, privacy or moral rights may limit how you may use the material.
  • You may find additional information about the copyright status of the Item on the website of the organization that has made the Item available.

URI for this statement

http://rightsstatements.org/page/InC-NC/1.0/

Items that may fit this status

Potentially for material in copyright, but with a CC-BY-NC Creative Commons licence.


DPLA guidance

Only use for works that are in the public domain and which have been digitized in a public-private partnership as part of which, the partners have agreed to limit commercial uses of this digital representation of the work by third parties.

Full DPLA statement wording

This object has been digitized in a public-private partnership. As part of this partnership, the partners have agreed to limit commercial uses of this digital representation of the object by third parties. You can, without permission, copy, modify, distribute, display, or perform the digital object, for non-commercial uses. For any other permissible uses, please review the terms and conditions of the organization that has made the item available.

Notices

As for ‘In Copyright’.

URI for this statement

http://rightsstatements.org/vocab/NoC-NC/1.0/

Items that may fit this status

We have no material in the collections at the present time that fits this criteria perfectly, but we can see a scenario where it may apply in the future.


DPLA guidance

Only use for works in the Public Domain but for which we are contractually required to restrict certain forms of use by third parties. We must provide a link to a page detailing the contractual restrictions that apply to the use of the work.

Full DPLA statement wording

Use of this Item is not restricted by copyright and/or related rights. As part of the acquisition or digitization of this Item, the organization that has made the Item available is contractually required to limit the use of this Item. Limitations may include, but are not limited to, privacy issues, cultural protections, digitization agreements or donor agreements. Please refer to the organization that has made the Item available for more information.

Notices

As for ‘In Copyright’.

URI for this statement

http://rightsstatements.org/vocab/NoC-CR/1.0/

Items that may fit this status

  • Collections subject to vendor or donor agreements that extend beyond the period of copyright

Collections may be subject to these agreements while in copyright – during that period the ‘In Copyright’ status is more applicable.


DPLA guidance

Only use for works that are in the Public Domain but which cannot be freely re-used as the consequence of known legal restrictions, such as cultural heritage or traditional cultural expression protections. We must provide a link to a page detailing the legal restrictions that limit re-use of the work.

Full DPLA statement wording

Use of this Item is not restricted by copyright and/or related rights. In one or more jurisdictions, laws other than copyright are known to impose restrictions on the use of this Item. Please refer to the organization that has made the Item available for more information.

Notices

As for ‘In Copyright’.

URI for this statement

http://rightsstatements.org/vocab/NoC-OKLR/1.0/

Items that may fit this status

  • Items that have been legally defined as obscene or offensive under NZ Law by the Censor
  • Ka Mate (Haka Ka Mate Attribution Act 2014)

DPLA guidance

Use where the copyright status has not been determined conclusively, but for which we have reasonable cause to believe the work is not covered by copyright or related rights anymore.

Was developed specifically to allow the inclusion of works that have been digitized as part of the partnerships between European Libraries and Google, but could be applied to works digitized in similar public-private partnerships.

Do not use for orphan works as these are assumed to be in copyright.

Full DPLA statement wording

The organization that has made the Item available reasonably believes that the Item is not restricted by copyright or related rights, but a conclusive determination could not be made. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use.

Notices

As for ‘In Copyright’.

URI for this statement

http://rightsstatements.org/vocab/NKC/1.0/

Items that may fit this status

  • Material that may not have full provenance or date information but through internal dating we believe that it is not likely to be in copyright any more

We would need to agree a consistent mechanism for determining if an item or collection meets this status.


DPLA guidance

Use where the copyright status is unknown and where we have not made efforts to determine the status.

Full DPLA statement wording

The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use.

Notices

As for ‘In Copyright’.

URI for this statement

http://rightsstatements.org/vocab/CNE/1.0/

Items that may fit this status

  • Newspaper and periodical articles in Papers Past, with the exception of any 19th century articles that may fall into “Out of Copyright – New Zealand”.
  • All AJHRs published after 1 Jan 1945.
  • Large collections from multiple provenances and with multiple rights-holders, where rights have not been evaluated and cleared at the item/folder level.

DPLA guidance

Use where we have reviewed the copyright status but been unable to make a conclusive determination about it. The work can still be used in New Zealand in accordance with our copyright legislation.

Full DPLA statement wording

The copyright and related rights status of this Item has been reviewed by the organization that has made the Item available, but the organization was unable to make a conclusive determination as to the copyright status of the Item. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use.

Notices

As for ‘In Copyright’.

URI for this statement

http://rightsstatements.org/vocab/UND/1.0/

Items that may fit this status

We would need to agree a consistent mechanism for determining if an item or collection meets this status.


Potential guidance

This is needed in addition to statement 2.8 as often the cultural and ethical considerations will not be actual legal restrictions.

Plan to develop wording

To be created in consultation with iwi Māori, the GLAM sector, Open Government representatives, and Creative Commons Aotearoa.

To consider principles documented in WAI262.

Items that may fit this status

  • Māori material with kaitiaki connections, where that body decides appropriate use
  • Images of death and trauma
  • Other circumstances where commercial or unrestricted use may not be automatically approved
  • Circumstances when we have a signed MOU with an iwi or Māori Trust relating to an item or collection

Potential guidance

New Zealand version of the “No Copyright — United States” statement. Use where we are confident that the item is out of copyright in New Zealand.

Plan to develop wording

To be created in consultation with GLAM sector, Open Government representatives, and Creative Commons Aotearoa.

Items that may fit this status

  • May include 19th century newspaper and periodical articles in Papers Past
  • All AJHRs published before 1 Jan 1945
  • Photographs created or published before 1945
  • Unpublished collections where the rights holder has been deceased for more than 50 years and no other considerations apply