copyright issues for terminology management · international terminology summer school - cologne ,...

International Terminology Summer School - Cologne , 15 - 19 July 2013

Copyright Issues for

Terminology Management

Inke Raupach

Christian Galinski

Infoterm


Guide to Terminology Agreements:

Copyright problems in terminological data exchange?

1986 International Expert Workshop on Copyright in Terminology

([draft] Code of Good Practice)

1992 DTT Symposium on IPRs in Terminologies

1993 TKE’93 incl. “Int’l Workshop on Copyright in Terminology”

([draft]) Guide to Terminology Agreements)

1995 Int’l Expert Meeting on IPRs in Information

1995 Int’l Congress on IPRs for Specialized Information, Knowledge

and New Technologies (KnowRight’95) incl. a “Preconference

Workshop on Copyright in Terminology and Lexicography”

1996 Guide to Terminology Agreements (Galinski / Goebel 1996)

checked by lawyers of UNNY, UNESCO, WHO, UNIDO, WHO …

Directive 96/9/EC of the European Parliament and of the Council

on the Legal Protection of Databases


Overview:

Introduction to Copyright (see also: http://www.wipo.int/copyright/en/about/)

What does „copyright“ mean?

Legal bases

What is protected by copyright?

Terminology as a subject to copyright

What exactly can be covered “under copyright protection”?

New legal aspects due to ICT developments

Copyright agreement case study: EuroTermBank

http://www.wipo.int/copyright/en/about/




What does copyright mean?

Copyright is a set of exclusive rights regulating the use

of a particular expression of an idea or information (http://en.wikipedia.org/wiki/Copyright)

/Copyright/ (=author’s/originator’s right) is the exclusive

right of an author/originator to his/her work

(http://de.wikipedia.org/wiki/Urheberrecht)

2 different concepts of “author’s right”: • “copyright” in Anglo-American law • “droit d’auteur” / “Urheberrecht” in continental

European law

http://en.wikipedia.org/wiki/Copyright


http://de.wikipedia.org/wiki/Urheberrecht

http://de.wikipedia.org/wiki/Urheberrecht


htt

p:/

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IPRs and related/neighbouring rights

http://de.wikipedia.org/wiki/Geistiges_Eigentum

http://de.wikipedia.org/wiki/Geistiges_Eigentum


Copyright in the US – History

Historical background: • UK: Statute of Anne (1709) – first real copyright

• US: Copyright Act (1790)

Commercial aspect (of work) emphasized

Copyright includes exploitation rights

Copyright is transferable

Holders can be physical and legal persons


Copyright in Europe – History

Historical background: • France: Droit d’auteur (1791 – 1793)

• Germany: Urheberrecht (1870/1871)

Creative aspect (of author/originator) emphasized

Distinction between moral rights and exploitation

rights

Only exploitation rights are transferable

Holders can only be physical persons


International law – Development

1886: Berne Convention for the Protection of Literary and Artistic Works

1952: Universal Copyright Convention (UCC) developed by UNESCO as an alternative to the Berne Convention

1994: Agreement on Trade Related Aspects of Intellectual

Property Rights (TRIPS) negotiated at the end of the Uruguay Round of the General Agreement on Tariffs

and Trade (GATT) is administered by the World Trade Organization (WTO)

1996: WIPO Copyright Treaty and

WIPO Performances and Phonograms Treaty (WPPT)

+ EU Directives

Complementarity and subtle differences

Implementation at national level + different legal practice


Berne Convention – I

for the Protection of Literary and Artistic Works

adopted in 1886

1st international agreement on copyright

influenced by French “droit d’auteur”

provides minimum standards of protection

administered by the United International Bureaux for

the Protection of Intellectual Property (predecessor of

WIPO)

signed by 163 countries (as of April 2008)


Berne Convention – II

Copyright extended to activities, such as

performing in public dramatic, dramatico-musical and

musical works

reciting in public literary works

communicating to the public the performance of such

works

broadcasting

making reproductions in any manner or form

using the work as a basis for an audiovisual work, and

reproducing, distributing, performing in public or

communicating to the public that audiovisual work


Universal Copyright Convention (UCC) Adopted in 1952 under the aegis of UNESCO with a view to extend

international copyright protection universally

(as an alternative to those states which disagreed with aspects of the

BC: USSR, USA, LA and many developing countries)

Revised 1971 – after the entry into force of the Revision Act,

the UCC can be adhered to only in its 1971 version

The US only provided copyright protection for a fixed, renewable term,

and required a copyright notice and registration

The BC, on the other hand, provided for copyright protection for a single

term based on the life of the author/originator and did not require

registration or the inclusion of a copyright notice

The BC states also became party to the UCC, so that their copyrights

would exist in non-Berne convention states

Almost all countries (being members or aspiring members of the WTO)

are conforming to the TRIPS Agreement UCC has lost significance


TRIPS Agreement Agreement on Trade-Related Aspects of Intellectual Property Rights

(TRIPS)

Added to the General Agreement on Tariffs and Trade

(GATT) in 1994

Term of copyright 50 years after the author’s death

Copyright exists automatically, no registration required

Computer programs considered as literary works

Limitation of national exemptions from copyright

(“fair use”)

Ratification mandatory for WTO membership


WIPO Copyright Treaty

World Intellectual Property Organization Copyright Treaty

Adopted in 1996

Adds issues raised by ICT and Internet to the Berne

Convention

Art. 4: computer programs are protected as literary

works

Art. 5: protection covers the arrangement and

selection of material in databases


EU Directives

96/9/EC on the legal protection of databases

2000/31/EC on certain legal aspects of information

society services in particular electronic commerce, in

the Internal Market

2001/29/EC on the harmonisation of certain

aspects of copyright and related rights in the

information society

2004/48 EC on the enforcement of intellectual

property rights

Implementation at national level + different legal practice


National legislation

authoritative

based on international agreements

common minimum standards for WTO member states

high level of harmonization in EU member states

Nevertheless there are differences at national level implementation

different legal practice


What is protected by copyright?

Works of literature, science, and art, such as:

compositions (√) musical and sound recordings (√) (reproductions of) paintings (√), sculpture (√) (reproductions of) staging of a play, ballet, etc. (√) (reproductions of) architectural works (√) broadcasts (√) texts √ certain formula √ (especially, if patented) proper names √ (if trademark/logo protected) films √ photographs √ computer programmes √ (definitely, if patented)


Copyright protection & exploitation

Conditions:

“work”, which depends on the

(level of) creativity and originality • low in Anglo-saxon countries

• high in continental European countries

in Europe:

exists from the creation of a work

does not require notice or registration

distinguishes between • the author‘s/originator’s moral rights (not transferable)

• exploitation rights (transferable)

Moral right – exploitation rights


Exploitation rights

Comprise the right of reproduction

performance to the public translation, adaptation, other alteration

using and distributing altered versions of the work distribution (in general) Collective rights management & CR collecting societies/agencies


Copyright as a stimulus for progress

copyright = stimulus for artistic creation and scientific research in order to

wide distribution of the results of intellectual works in order to

promote scientific, social and intellectual progress


Limitations and exemptions

Reuse of data without permission and royalties

• quotation

• private purposes

• illustration for teaching or research

• public security

• administrative or judicial procedure

Anglo-American law: “fair use”, “fair dealing”

and of course activities to restrict these limitations/exemptions


Stakeholders of copyright

Authors/originators of intellectual works incl. joint authorship/collective works

Users such as readers, auditors, scientists, scholars...

Publishers (“investors”)

Copyright collecting societies/agencies such as Confédération Internationale des Sociétés

d‘Auteurs et Compositeurs (CISAC)

… terminologists, translators?

ICT?


Terminology as subject to copyright – I

Not protected/protectable:

Information

Ideas

Knowledge

Text below a certain threshold – e.g. a definition

Protected/protectable:

Representations and arrangements of knowledge

• Texts (above a certain threshold and other kinds of content)

• Databases (containing linguistic and non-linguistic data)


Terminology as subject to copyright - II

Terminology resources can comprise:

terminological data proper, such as

• linguistic data

(terms, abbreviations, symbols, definitions, other kinds of

explanatory texts, etc.) – trade marks? word-design mark?

• non-linguistic data

(graphical symbols, images, complex graphs, logos etc. to

which different copyright provisions and other IPRs can apply)

associated information


Terminology as subject to copyright – III

Do the following constitute copyright or some other IPR?

• concepts

• terms

• proper names (√) (esp. if trademark/logo protected)

• definitions etc.

• definitions proper

• explanations?

• citations, defining contexts, …

• other kind of concept description (√)

• pictures √

• formulae (√)

• graphical representations (√)


Terminology as a subject to copyright – IV

Covered by copyright or related rights:

photographs √ especially photos of persons

graphs (√)

formulae (√) especially, if patented

definitions

terminology databases

Elements/parts of a database can constitute own IPR

TMS software can constitute IPR


Database Directive – I

Directive 96/9/EC on the legal protection of databases:

Definition of a database as the “collection of

independent works, data or other materials arranged in

a systematic or methodical way and individually

accessible by electronic or other means” (art. 1)

Protected by copyright are “databases which, by reason

of the selection or arrangement or their contents,

constitute the author’s own intellectual creation shall be

protection as such by copyright” (art. 3)


Database Directive – II

sui generis right

• A database is protected, if there has been a substantial

investment in either the obtaining, verification or presentation

of the contents

• Even if the database is not the own intellectual creation of the

rightholder and, thus, not protected by copyright

protection for whole (and substantial parts of a)

database

database update constitutes new copyright


New developments

New technologies allowing

Worldwide access/use

Copying

Storing

Web-based cooperation

Worldwide distribution/publication

of information/content.

Distributed cooperative content creation

New attribution of functions e.g. Google etc.

Legal problems new balance necessary

reuse, re-purposing


Digital rights management – DRM

Past main obstacles to terminological data exchange:

No/inconsistent use of harmonized data categories

No application of standards-based data model

No application of commonly used classification

scheme, references to sources of information etc.

New obstacles to web-based cooperation

(WRT data exchange and distribution):

“volatility” of Internet sources

Different types of links surface-links vs. framing

Different copyright on individual content items

Minimum DRM functions are imperative


Legal problems

There is NO harmonization of legislation in all

countries of the world

There is NO harmonization of law enforcement

standards in all countries of the world

There is NO effective worldwide control possible

Creators: copyright enforcement difficult

Re-users: legal risk

DRM / open content (creative commons)


Case study: EuroTermBank Project

Collection of Pan-European Terminology Resources

through Cooperation of Terminology Institutions

Harmonization and consolidation of terminology work

in Estonia, Hungary, Latvia, Lithuania, and Poland

Terminology stored in a centralized terminology bank

interlinked with external terminology resources

Access to terminology resources via central online

interface (one-stop shop)


Regulation of copyright issues in ETB

Starting point:

large number of terminology resources

(2 million terms)

from different sources

in different countries

in different forms (electronic, printout)

requiring different processing

need to establish standardized regulations for

non-commercial use of data


Model licence agreements in ETB

3 different model agreements: Declaration of Consent – minimal solution Model Agreement for data available free of

charge Model Agreement for data available for a fee

• including Declaration of consent for free or paid use by a co-author of a terminology collection

Based on Guide to Terminology Agreements http://www.infoterm.info/publications/

Revised by lawyers of different countries http://www.eurotermbank.com/Geninfo.aspx?id=26

http://www.infoterm.info/publications/

http://www.infoterm.info/publications/

http://www.eurotermbank.com/Geninfo.aspx?id=26

http://www.eurotermbank.com/Geninfo.aspx?id=26


Declaration of Consent

concerning the use of

(a part / a selection / a subset of)

my/our terminology collection on "..."

I/we herewith declare my/our consent to the use of (a part / a selection / a subset of) my/our Terminology collec-

tion on [subject field] in the form of [a database/file/list/ dictionary etc. consisting of xy records] by the Euro-

TermBank Consortium, represented by [project partner] for the purpose of carrying out the ETB project* for the

benefit of improving specialized communication in Europe.

I/we recognize that my/our author's moral rights in the collection in the form handed over remain with me/us.

I/we hereby guarantee that I/we am/are the author/s of this collection, and I/we guarantee that third persons will

have no pretensions, claims or any other objections to the use of this collection in EuroTermBank.

I/we note that the source of my/our terminology collection will be duly acknowledged by the ETB Consortium

whenever an entry from my/our terminology collection is looked up by a user.

I/we consider the provision of my/our terminology collection as a contribution to the EuroTermBank project ex-

pecting that the ETB Consortium will make best use of it.

Signed in XXX on YYY

* EuroTermBank – Collection of Pan-European Terminology Resources through Cooperation of Terminology Institutions. The

general purpose consists of compiling terminological data in a centralised online terminology bank for the languages of the new

EU member countries interlinked to other terminology banks and resources.


Model agreements

… regulate: type and amount of data delivery conditions conditions of use conditions of data modification updating routine terms of payment (data available for a fee) conditions of maintenance fee charging bibliographic reference applicable law term of the contract


References:

http://www.copyright.com/Services/copyrightoncampus/content/digital.html


http://en.wikipedia.org/wiki/Universal_Copyright_Convention

http://en.wikipedia.org/wiki/Creative_Commons

GALINSKI, Christian and WRIGHT, Sue Ellen. Copyright and terminology. In: Sue

Ellen WRIGHT and Gerhard BUDIN, comps. Handbook of terminology

management. Vol. 1: Basic aspects of terminology manage-ment.

Amsterdam/Philadelphia: John Benjamins, 1997, pp. 281-302

GALINSKI, Christian and GOEBEL, Jürgen W. Guide to Terminology Agreements.

Vienna: International Network for Terminology (TermNet), 1996, 7+35 p.

GALINSKI, Christian and Inke Raupach and Klaus-Dirk Schmitz. Standard document

templates and procedures. Deliverable D2.2 of the EU-Project EUROTERMBANK

(Collection of Pan-European Terminology Resources through Cooperation of

Terminology Institutions), 2005 (published 2006)

http://www.copyright.com/Services/copyrightoncampus/content/digital.html










THANK YOU FOR YOUR ATTENTION!

Any questions?

Feedback and general impressions welcome!

This presentation is also available online at:

http://www.termnet.org/english/events/tss_2013/presentations.php

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