Rights and Repositories: Licensing Content for PRIMO

This presentation by Katharine Ellis from the Institute of Musical Research. PRIMO is ‘Practice as Research in Music Online’ – http://primo.sas.ac.uk

The PRIMO project was to look at whether there were alternatives to asking musicians to describe their research in words if they could demonstrate it better – and how could their work be published free to the widest audience.

PRIMO now has a very small (6 items) peer-reviewed repository with full-length videos of music rehearsals, workshops and demonstrations. It is open-access with downloadable files licensed for non-commercial/research use. This allows citation using abstracts etc. – something that has traditionally been difficult – you haven’t been able to include a ‘sonic’ abstract in your commentary or criticism.

However, they found that they were pushing at the boundaries of what was seen as acceptable in the academic community.

The challenges they face were:

  • IPR – what forms it took, who owned it etc.
  • Licensing
  • Research Councils UK directive for open access

Whose rights need to be protected? Performers, participants, funders, photographers, camera crews (potentially)

Decided to have a form which asked each headline researcher to say that all participants had said that the work could be regarded as their research for the lifetime of the work – essentially non-exclusive license to publish open access for non-commercial use (under Creative Commons). In the end, all comes down to trust. To engender trust, don’t believe they can look at material created without these agreements in place – i.e. not looking at historical material.

Licensing Third-Party Rights in Music:

  • Be clear about what you as a broadcaster of online material can/must be responsible for
  • Be clear to researchers and users about where their own responsibility lies
  • In the interests of permanent access, do not accept responsibility for IP permissions that are time-limited
  • Be aware that a video of a presentation involing educational use exemptions ceases to benefit from those exemptions when it leaves the classroom
  • Use your metadata system to record the dates on which nested copyrights in a repository item will expire
  • Know your UK copyright timelines:
    • Original artisitic works (70 years after the death of the author, composer, photographer, artist)
    • Films (70 years after the death of the last of the following to die: principal director, author of screenplay, author of dialogue, or composer of music specially created for an used in the film)
    • Sound recording, remasterings and broadcasts (50 years after the date of the recording or remastering or broadcast)
    • Typographical arrangement of music (25 years from the date of the edition)
  • How many 3rd party IPR items are nested in a single video?
    • Musical text (composition and typography)
    • Film
    • Record musical performance
    • Images (e.g. CD Cover)
    • Stage music (other rights)
  • Can one license cover all these rights?

PRIMO pays for a limited online exploitation license – for a nominal annual fee, covering a certain number of downloads a year – it covers “Online broadcast to UK users (i.e. users in the UK at the time they are using the material), for limited downloading of performances involving complete musical works which are still in copyright”

This license doesn’t cover:

  • Any rights antedating the presentation/performance which is to be posted
  • Any in-copyright stage music
  • Any in-copyright music to which new images have been added
  • Any recording rights or performing rights for in-copyright recorded/broadcast music
  • International usage (UK only!)
  • Any non-musical rights (images etc.)

The license is based on radio licensing – which assumes transmission in only a limited geographical territory.

PRIMO have taken the approach of getting the user to state whether they are in the UK before they have access – the user is responsible for acting legally here, not the ‘publisher’ – i.e. PRIMO in this case.

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