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Tuesday, January 27, 2009
SIIA Information Industry Summit 2009: Licensing Digital Information: Satisfying Customers While Protecting Assets
Moderator: Dan Duncan, Senior Director, Government Affairs, The McGraw-Hill Companies

Panel:
Ed Collaran, Senior Director, International Relations, Copyright Clearance Center
Dominic Young, Director of Group Publishing Services, News International
Caitlin Grusauskas, 3rd year student, Columbia University School of Law
Mindy Pennington, Manager, External Content, Library Services, Pfizer Global Research and Development

Duncan: Apple taking DRM block off of music, France suits, law would have mandated taking off DRM, effort was abandoned. Apple got together with industry, no restrictions on reuse at a higher price. Today, new users all the time, new solutions as well. What works?

Caitlin: People have expectations that it's all going to be free, quick answers from things like Google Toolbar. The idea of copyright is foreign, you assume that you can share it, has serious implications for content owners.

Pennington: People want to make it easier to share, things like CCC Rightsphere work but take time to set up, content is desired on mobile devices, how or whether it works can be problematic, as is who you can share it with. Taking something from your digital library and giving it to partners is a problem, need for more flexible relationships.

Colleran: From the user's standpoint, they're busy people, make it easy as possible, but offering broader rights is key. Pharma industry initiative to broaden contract terms, looking to share content that they license as a key contract factor.

Young: Part of ACAP, news initiative for managing access. To actually manage and control it without licensing is needed in some way, licensing not well adapted for all circumstances, ACAP allows end-users to take control more easily when it's legal and reasonable to do so.

Duncan: Many users don't look at terms and conditions, if they do access it they don't access it or understand it. From the perspective of users, where do they fit in today?

Young: Doing it in a way that's highly automated is key, tools don't exist to do that, so people do things because there's no reasonable alternative. Business models aren't there, either (COMMENT: Micropayments is underutilized, technologies are there that COULD support it, but there is resistance. That resistance is a key factor in today's media revenue gap.)

Pennington: We get questions about usage even with Rightsphere, most people are aware of what they're allowed to do, internal news stories and other communications about what's allowed.

Duncan: Pfizer has its own valuable intellectual property as well. Caitlin, in your experience, are students aware of terms and conditions?

Caitlin: In law school it's different, they rely on Westlaw and LexisNexis, people understand that there are terms and conditions with their accounts. In the broader university community, I can access materials from the university library seamlessly. In some ways there's a problem because there's so much out there.

Pennington: In the last couple of years new programs provide text mining, automated systems may pull thousands of articles in a couple of hours, users may notice first when content is blocked. Work with publishers, understand what's allowed, text mining system will be programmed to obey terms. (COMMENT: But what if an agreement could be executed automatically? Huge under-explored opportunities, let people get a taste for free, when throttles are reached then an ecommerce opportunity can be activated, either through online human agents or an auto-execution micropayment system. Works for mobile carriers, folks, it's not rocket science).

Young: Search engine access works well for some publishers, not for others, ACAP helps search engines to discover terms and conditions. Can be done machine to machine. But scaling up the capability of the network is a challenge. (COMMENT: ACAP still has potential, but, no offense to my European friends, it's being pursued in a lethargic manner, needs to go open source, with multiple serving agents, akin to DNS services).

Collaeran: With social media tools, publishers find it to be an incredible branding tool, FT gives first five articles away, then second five with registration, then you have to pay. Don't have to pay for each article.

Duncan: Caitlin, what's your reaction?

Caitlin: Depends how easy it is to use, didn't sign up for NYT premium, but if price is right, it's worth it. Some kids want to "stick it to the man," but if it's pretty easy to do the right thing, then they comply. HuLu, good quality, people want it fast and quick, people will pay.

Pennington: A lot easier for people not to worry about it when the corproation licenses it, but more flexible arrangement for doing the right thing would be important. When the physician sees the advertising and is measurable, that's important. So, why not make a version of the online product that looks like the magazine? Why won't publishers make another version? We have devices like Kindle now. With copiers sharing was harder, would be nice to have technology advances for today's needs.

Caitlin: People doing online research are used to putting in all sorts of search terms to see what pops up. Topical search would be nice, to see what pops up, more like an index than a traditional book (COMMENT: Works on relatively discrete content sets with tools such as taxonomies).

Young: Things like ACAP are a step in the right direction, we have gloom and doom about old business models, innovation can help. In a world that's well functioning, rewards will be linked to access.

Colleran: Not just about text content, any type of media could be involved, need to license those different kinds of content. Not just publishers, authors are taking a far more prominent role with self-publishing.

Duncan: How will authors be paid for content, major publishing companies have marketing department, sells into an area where the customer understands the value.

Collaran: Creative Commons-style authors may want some content out there for free, but others may want payment (COMMENT: CC does have hooks in its licensing for payment, early days still, remarkably, on activating that capability.)

Pennington: Make licensing more relevant for the specific people using content, critical going forward, especially as organizations divide into global business units, granular licensing needed.

Caitlin: People may use terms and conditions, the ability to share music is there, but I haven't tried it, don't want to be restricted by DRM. Rhapsody is one model, could work for other types of content.

Colleran: Ease of use and compliance are key "microscripts" coming out of this. Education is not sexy but it can help. Users need to be educated what they can and cannot do with copyrighted content.

Young: Micropayments would be wonderful, need the best innovators to help the best content to win out, that may be authors as well.

Pennington: People are willing to pay for what they need.

Question: Agreement between Gatehouse Media and NYT on Boston.com?

Duncan: Not that familiar with it, but not settled law. IP community on the publishing side were happy, but also scratching heads.

Great panel, excellent moderation, Dan.

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