Survey of Private Copyright Documentation Systems and Practices

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Citation: Marco Ricolfi, Federico Morando, Camilo Rubiano, Shirley Hsu, Marisella Ouma, Juan Carlos De Martin (2011/09/11) Survey of Private Copyright Documentation Systems and Practices.
Internet Archive Scholar (search for fulltext): Survey of Private Copyright Documentation Systems and Practices
Download: http://www.wipo.int/export/sites/www/meetings/en/2011/wipo cr doc ge 11/pdf/survey private crdocystems.pdf
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Summary

"Private copyright registration and documentation systems around the world arguably constitute the largest pool of information concerning copyright and related rights. Undoubtedly, these same systems provide the greatest online free access of the same pool of information."

Registries:'"Private copyright registration systems collect, store, and manage relevant data as provided by registrants."

Documentation Systems: "a vast amount of copyright-related information is collected and made available by several diverse online platforms. However, the majority of these platforms do not focus their activities on making copyright-related information available. Instead, their core business is related to collecting content, facilitating content-creation, and/or making content available online."

Survey found registries via:

  • Keyword search for terms such as "copyright registration" (and many more)
  • Further keyword search including already known systems as search terms
  • Analysis of presentations and other materials given at workshops on registries and related topics
  • Informal inquiries to author's colleagues and mailing lists

Four systems were found via all four methods: Safe Creative, Registered Commons, Copyright Deposit, and Numly.

Survey not exhaustive, and excludes systems intended to help register with national copyright registries rather than offering a private registry.

Briefly describe national copyright registration, renewal, and notice formalities, and also legal deposit requirements.

Describe technologies that help with three elements pertinent to copyright negotiation and litigation.

  1. Creator identity: email ("basically the equivalent to having no identity verification at all"), payer info, digital identity certificates
  2. Work identity: hashes
  3. Time of creation: timestamping possession of work

Non-repudiation is an important quality of these elements, "could be better provided (i.e., with higher credibility) by independent third-parties."

Briefly describes Creative Commons licenses and notes need for registry interoperability.

Overview of several types of private registries:

  • General purpose: any type of content, most use hashes, differentiate on pricing and other services (eg file storage, sending takedowns) "a potential shortcoming of general purpose registries is that they cannot easily leverage social mechanisms and/or other network effects to gain visibility and/or a large base of users"
  • Commons-oriented: registries that favor/promote public licensed works in some way
  • Specialized/Sectoral: have effect of allowing specialized services, and natural set of users ("Some association predates the copyright registry, in which case, it actually provides the

basis for the copyright registry")

Overview of private documentation systems:

  • Notes wide variety, from database of photographers to copyright/public domain calculators
  • Platforms (eg Flickr, Google Books) that include pertinent documentation
  • Meta documentation: Wide variety of initiatives to somehow encourage pertinent documentation, including Creative Commons and PLUS

Trends

Private systems growing; low barrier to entry; hypothesize that users of private systems might be those who previously would have taken measures such as mailing a work to themselves and if so, "private copyright registration systems may face obstacles to generate significant streams of profits" and notes Creative Commons did not launch a registry after stating it would explore registries for purpose of funding organization. Despite increase in number of systems, none is taking off.

the emerging model does not seem to be copyright registration but instead a provision of copyright documentation on online platforms for publishing/sharing one's works. In terms of network effects and technological infrastructure, it seems much easier for platforms such as Flickr or YouTube (or even Facebook) to integrate copyright registration features than it is for existing registries to become competitive with these platforms

Still private copyright registries could be a source of innovation; notes keeping digital copies of works and metdata, backups(!), and cost/speed/convenience/automation relative to national systems. Can also offer (especially "commons oriented" ones do) search/discovery of works. Private registries and copyright infringement monitoring services could develop synergies. Private registries could somehow collaborate with collective management organizations. Private registries could somehow spur innovation in national registration systems.

If creator wants copyright benefits, should use national system, unless extremely sensitive to fees. However, if interested in copyright info and/or work being publicly researchable/findable, use of private registries may have some benefit.

Notes that copyright info to an extent a public good, which mitigates orphan works; perhaps not surprising that several private registries are commons-oriented.

Theoretical and Practical Relevance

Also see companion on collective management organization systems.

Further brackground http://www.wipo.int/copyright/en/activities/copyright_registration/

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