Re: New record use policy 'WorldCat Rights and Responsibilities for the OCLC Cooperative' - effective August 1

From: Ross Singer <rossfsinger_at_nyob>
Date: Tue, 22 Jun 2010 10:16:15 -0400
To: NGC4LIB_at_LISTSERV.ND.EDU
Tim, what exactly in this requires a license?

I see this:
"While, on behalf of its members, OCLC claims copyright rights in
WorldCat as a compilation, it does not claim copyright ownership of
individual records."

which seems to me that you're free to use the data in Worldcat -- you
just can't copy Worldcat.  It also implies that there are licensing
restrictions on data generated by Worldcat services (x-identifier
services and whatnot), but that doesn't seem unreasonable.  You put
licensing restrictions on LibraryThing API data, for example.

I agree it seems contradictory later when they talk about the
restrictions on "Worldcat Data" (esp. given the definition of
"Worldcat Data" given in the glossary at the end).

To me, it seems an almost indefensible position given the amount of
data that is already out there and that will still be available via
Z39.50, screen scraping, etc. (and the presence of presence of an OCLC
number in the 035 is a pretty weak form of copyright) aimed mainly at
fining at institutions that, say, make bulk exports of their MARC
records available.  I wonder, though, if LC, Harvard or University of
Michigan were to defy this if OCLC would realistically come after
them.

OCLC would do best to focus on the value that Worldcat as a whole
brings rather than worry about value of its individual records (even
in bulk).

-Ross.

On Mon, Jun 21, 2010 at 5:31 PM, Tim Spalding <tim_at_librarything.com> wrote:
> My thoughts:
>
> Much of librarland has turned against its principles and hung out a
> big "Go away!" sign to freedom, competition, innovation and anyone
> outside the library world who has a good idea or who has the temerity
> to think that, since citizens pay for libraries, they have a right to
> library data.
>
> The rules are fuzzier than the first draft, but fuzzy rules aren't
> necessarily better. A true legal contract offers concrete protections
> and rights, which the new rules do not. The effect will be the same:
> the brief spring of open bibliographic data is over. You are stuck
> with OCLC forever. God help you.
>
> Libraries have undermined their moral authority about access to data
> just when ebook licenses are starting to cut libraries out. The future
> is clearly licenses, licenses, licenses. The way ebook licensing is
> going, that may well be biggest effect.
>
> But, most importantly, the policy is now in place. The time for
> talking is over. The time has come to shut up.
>
> Tim Spalding
>
Received on Tue Jun 22 2010 - 10:24:20 EDT