Policy defining intellectual property rights in the GEM metadata repository and individual GEM metadata records. Rights and obligations of Consortium Members and third parties in the acquisition and use of GEM metadata records from the GEM repository.
Document History
This version: March 27, 2004
Previous version: July 20,2001
Most recent version: March 27, 2004
1.0. Purpose
1.1. Encouraging wide-spread use of GEM metadata. The GEM Consortium encourages the widespread use of GEM metadata records submitted to the GEM metadata repository. The following policy statement provides guidelines for use. In particular, the policy defines copyright ownership in individual metadata records and defines restrictions on distibution of the GEM repository in whole or in part to third parties by the GEM Administrative Group.
1.2. Protection of rights. The goal of this policy is to protect the rights of Consortium members and to provide a benefit to the Consortium for the use of their GEM metadata records while at the same time promoting broad use by the education community.
2.0. Definitions
2.1. Native GEM metadata record. A metadata record created: (1) using an application profile that combines elements and element refinements (i.e., terms) from the Dublin Core and GEM terms namespaces; and (2) fully conforms to the grammatical principles and abstract model of Dublin Core.
2.2. Alternative metadata record. Metadata records based on schemas and application profiles other than GEM (e.g., MARC, IEEE LOM, etc.).
2.3. Third party. A for-profit or not-for-profit entity that provides value added services to the education community through services or tools based fully or in part on native GEM metadata or the schemas and application profiles upon which such metadata is based.
2.4. GEM metadata repository. The aggregation of native GEM metadata records collected by the GEM Consortium and made available through the The GatewaySM Web interface.
2.5. Metadata distribution. The deliberate act by which a metadata repository, a collection provider, a service provider or other application that stores metadata makes all or any subset of a compilation of metadata records digitally available to others through any means of aggregate (batch) dissemination now known or later devised, including the Open Archives Initiative Protocol for Metadata Harvesting (OAI-PMH).
2.6. Metadata display. The process by which a metadata repository, a collection provider, a service provider, a portal or other applications publicly show a digital copy of that metadata to end-users. Display may be at the level of full metadata records, the level of individual elements within metadata records, or a combination of the two.
2.7. Attribution and use information. Information identifying: (1) agents contributing to the content of the resource being described («creator» and «contributor» information); (2) agents managing publication and distribution of the resource («publisher» information); and (3) information identifying intellectual property rights and permissible uses of the resource being described («rights» information). The value for such information in a metadata record may be identified by means of a value URI (URIref) (as that term is defined in the Dublin Core abstract model) or a value string (simple literal text).
The foregoing definition of attribution information for the resource being described applies equally to attribution information for the metadata record (i.e., meta-metadata) «cataloging» information.
2.8. Acceptable metadata use. All uses of native GEM metadata are defined as acceptable metadata use if the service provider retains in individual metadata records all attribution and use information as defined in section 2.7 of this policy.
3.0. Copyright Ownership in General
3.1. Resources described in GEM metadata records. The GEM Consortium claims no interest in the copyright rights of the resources described in GEM metadata repository. All such rights, responsibilities and liabilities for copyright interests in such resources rest with the GEM Consortium member making such resources available to the public.
3.2. Individual GEM metadata records. Copyright interests in the individual GEM metadata records in the GEM repository are the property of the creators of those individual records.
3.2.1. Notwithstanding paragraph 3.2, the GEM Consortium claims no interest in GEM metadata records created by the GEM Administrative Group describing GEM Consortium member resources. Ownership in such records rests with the GEM Consortium member whose resources are described.
3.2.2. The GEM Consortium claims full ownership of copyright in GEM metadata records created by the GEM Administrative Group describing non-Consortium member resources.
3.3. GEM metadata repository. The GEM Consortium claims full ownership of copyright in the GEM metadata repository as a compilation as defined in Title 17 of the U.S. Code.
4.0. Acceptable uses
4.1. Display of native GEM metadata.
4.1.1. Portals developed by GEM or its Consortium members may display all native GEM metadata as they see fit to serve the education community.
4.1.2. GEM encourages third parties to build portals and services for educators that make use of the resources developed by GEM including native GEM metadata.
4.1.3. Alternative metadata harvested by GEM through OAI-PMH will not be displayed without the express consent of the contributor of the alternative metadata.
4.2. Distribution of native GEM metadata.
4.2.1. GEM distributions to third parties.
4.2.1.1. All GEM distributions of native GEM metadata to third parties are subject to acceptable metadata use as defined in section 2.8.
4.2.1.2. Alternative metadata as defined in section 2.2 that may be harvested by GEM will not be further distributed under this policy without the express consent of the contributor of the alternative metadata.
4.2.2. Third party distributions.
4.2.2.1. All third party distributions of native GEM metadata are subject to acceptable metadata use as defined in section 2.8.
5.0 Grandfathering previous policy commitment
5.1. While the commitment to the widespread use of GEM metadata remains unchanged, this policy represents a shift from the general prohibition of commercial uses of the GEM metadata repository without express permission from the GEM Administrative Group to a policy of open access to the repository contingent contingent solely on compliance with the acceptable metadata use provision of section 2.8.
5.2. It is understood that some GEM Consortium collection holders who submitted metadata to the GEM repository prior to the effective date of this policy as stated in section 6.0 of this policy may wish to withhold their metadata from further distribution. Distribution of previously submitted metadata may be restricted at two levels: (1) restriction at the collection-level through use of the (proposed) «collectionIdentifier» refinement of the «identifier» element; and (2) restriction at the collection holder through use of the «sid» refinement of the «identifier» element.
5.3. On the effective date of this policy as stated in section 6.1, all new native GEM metadata records submitted to the GEM repository will be subject to the new display and distribution provisions in section 4 of this policy.
6.0. Effective date of revised policy.
6.1. The effective date of this policy is April 1, 2004.
6.2. No third party distributions of GEM metadata will be made prior to January 1, 2005.
6.3. Between April 1, 2004 and January 1, 2005, the GEM Administrative Group will: (a) use all reasonable means to communicate with Consortium members about the changes in this policy; and, (b) provide the opportunity for Consortium members to explicitly "opt-out" of metadata distribution of records existing in the GEM repository on April 1, 2004.
