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International Terminology Summer School - Cologne , 15 - 19 July 2013
Copyright Issues for
Terminology Management
Inke Raupach
Christian Galinski
Infoterm
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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IPRs and related/neighbouring rights
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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 Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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)
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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)
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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?
International Terminology Summer School - Cologne , 15 - 19 July 2013
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)
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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 (√)
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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)
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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)
International Terminology Summer School - Cologne , 15 - 19 July 2013
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)
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
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.
International Terminology Summer School - Cologne , 15 - 19 July 2013
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
International Terminology Summer School - Cologne , 15 - 19 July 2013
References:
http://www.copyright.com/Services/copyrightoncampus/content/digital.html
http://en.wikipedia.org/wiki/Copyright
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)
International Terminology Summer School - Cologne , 15 - 19 July 2013
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