As an accompaniment to this and this, I am including the text of OCLC’s proposed policy which was posted briefly yesterday before being removed and replaced with “We are reconsidering some aspects of the policy. More information will be available in the near future.”
Debate and discussion are healthy, especially in world of libraries. Understanding why this policy was proposed, and why it bothers some people, is critical to the understanding of who we are and where we are going.
The text located within this post has been copied from http://marc.coffeecode.net/oclc_2008_11_02/. I did not see OCLC’s page, and cannot guarantee that it is unchanged. I have no reason to believe that it isn’t what existed on OCLC’s site on Sunday.
Much of what is contained here is fair and reasonable; at issue, I believe, is the concept of controlling the data contained within OCLC records through licensing. I feel that the removal of the policy from their website is a signal that OCLC is truly attempting to do what is right for all involved, and that they can craft a policy that will express that. This is not the 800 pound gorilla that will get it’s way no matter what, but a tiger whose instinct is to protect its territory. We should respect that territory, while at the same time respecting our own rights to the data at issue.
The text of the since-removed policy:
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Policy for Use and Transfer of WorldCat® Records
The Guidelines for the Use and Transfer of OCLC-Derived Records have been updated to become the Policy for Use and Transfer of WorldCat Records. The policy is scheduled to become effective mid-February 2009, to give OCLC member libraries and other organizations time to implement any changes resulting from the update. Until that time, the Guidelines will remain in effect.
Policy for Use and Transfer of WorldCat® Records
A. Intent of the Policy
OCLC® encourages and supports the widespread, non-commercial use of WorldCat Records (as defined below) for scholarship and research in furtherance of innovation that complements OCLC’s products and services for the benefit of libraries, museums, archives and other cultural heritage institutions and their respective patrons by
1. promoting the evolution of libraries, archives, museums and other cultural heritage institutions, the use of their collections and the advancement of their professions;
2. increasing availability of library, archive, museum and other cultural heritage institution resources to individual users; and/or
3. furthering ease of access to and use of world-wide scientific, literary and educational knowledge and information.
This “Policy for Use and Transfer of WorldCat® Records” is designed to foster such use while protecting the rights of OCLC’s membership and its investment in WorldCat, and ensuring that the use of WorldCat Records hereunder provides a benefit to the OCLC membership. Benefit to the OCLC membership may take the form of reciprocal linking, metadata, remuneration, services-in-kind or other negotiated value. This Policy governs all Use and Transfer of WorldCat Records unless a separate written agreement is made with OCLC. Please read the entire Policy and the documents incorporated herein by reference to ensure full understanding of the Policy.
This Policy covers WorldCat Records as defined below. This Policy may also govern the Use and Transfer of WorldCat bibliographic data available through other services to the extent determined by OCLC. Please check the FAQ regularly for the applicability of this Policy to other services.
B. Definitions
1. “Policy” means this “Policy for Use and Transfer of WorldCat Records”, as modified by OCLC from time to time.
2. “WorldCat” is the OCLC online union catalog, an electronic database of bibliographic records and other information maintained by OCLC;
3. A “WorldCat Record” is a bibliographic record meeting one or more of the following criteria unless otherwise specified by this Policy:
1. a bibliographic record obtained directly from WorldCat through the use of an OCLC product or service; or
2. a bibliographic record (i) identified as Derived from WorldCat by the party from which the WorldCat Record is received; or (ii) which is otherwise known by the recipient to have been Derived from WorldCat at any time prior to receipt. Please see the FAQ for information on fields, subfields and other factors that can indicate whether a bibliographic record has been Derived from WorldCat.
The Use and Transfer of data extracted from a WorldCat Record is subject to this Policy whether or not the extracted data itself meets one or more of the criteria described in this Section B.3 and shall be included within the term “WorldCat Record”.
An OCLC Member or Non-OCLC Member may Use or Transfer the following without complying with this Policy: (i) a WorldCat Record designated in WorldCat as the Original Cataloging of the OCLC Member or Non-OCLC Member; or (ii) a bibliographic record which is not Derived from WorldCat whether or not the OCLC Member or Non-OCLC Member adds the OCLC control number to the record.
4. A bibliographic record in WorldCat is designated as the “Original Cataloging” of the agency represented in the OCLC MARC 040 field, subfield a (original cataloging agency).
5. The “FAQ” is the Frequently Asked Questions document providing more information regarding this Policy, as updated by OCLC from time to time, which is located at: http://purl.org/oclc/wcrup-faq.
6. An “OCLC Member” is an organization that is listed on OCLC’s membership roster as a Governing Member or Member of OCLC.
7. A “Non-OCLC Member” is any party (including an individual) who is not an OCLC Member.
8. A bibliographic record is “Derived” from WorldCat if it was copied or otherwise obtained from WorldCat at any time prior to receipt.
9. “Use” means use in accordance with the requirements and intent of this Policy without making a Transfer to another person or organization.
10. “Non-Commercial Use” means Use for the purposes of research, teaching, scholarship or private study provided such use is not Commercial Use.
11. “Commercial Use” means Use in any manner that supports, is intended for or directed toward or results in commercial advantage or monetary compensation, including, without limitation, any sale of WorldCat Records.
12. “Reasonable Use” means Use of WorldCat Records that is reasonable for the intended Non-Commercial Use and consistent with the intent of this Policy. Without limiting the foregoing, the term “Reasonable Use” does not include any Use of WorldCat Records that:
1. discourages the contribution of bibliographic and holdings data to WorldCat, thus damaging OCLC Members’ investment in WorldCat, and/or
2. substantially replicates the function, purpose, and/or size of WorldCat, for example for the purpose of providing cataloging services to libraries or other organizations. Please see the FAQ for a discussion of Z39.50 for cataloging using WorldCat-derived bibliographic records.
13. “Transfer” means conveyance to another OCLC Member or Non-OCLC Member by exchange, merger, sharing, gift, providing the capability to download or otherwise electronically copy or any other means.
14. “Commercial Transfer” means Transfer of WorldCat Records for Commercial Use by the recipient.
15. “Holdings” means OCLC institution symbols attached to a record, indicating libraries that own, license or otherwise provide access to the item described by the record. An OCLC institution symbol is a unique identifier assigned by OCLC to Members.
16. “WorldCat Record Use Form” means the form prescribed by OCLC for purposes of contacting OCLC with proposals for Use and/or Transfer of WorldCat Records which are not authorized by this Policy. The WorldCat Record Use Form is located at: http://purl.org/oclc/wcrup-form.
C. Use of WorldCat Records
1. Each OCLC Member and Non-OCLC Member may Use WorldCat Records in accordance with this Policy.
2. Subject to the restrictions set forth in this Policy, OCLC Members and Non-OCLC Members are granted the non-exclusive, world-wide, royalty-free right to:
1. reproduce WorldCat Records, incorporate WorldCat Records into works and base works on WorldCat Records; and
2. display WorldCat Records, works incorporating WorldCat Records and works based on WorldCat Records;
for Non-Commercial Use.
3. The following restrictions apply to Use of WorldCat Records:
1. Reasonable Use. Use of WorldCat Records authorized by this Policy is limited to Reasonable Use except as otherwise authorized by written agreement with OCLC.
2. Commercial Use Prohibited. Commercial Use of WorldCat Records is prohibited unless OCLC has entered into a separate written agreement with the party wishing to make such Use. [OCLC has a standard agreement available which authorizes the processing (for a fee) of WorldCat Records received from OCLC Members and Non-OCLC Members.] The WorldCat Record Use Form should be used to initiate discussions with OCLC regarding an agreement authorizing Commercial Use of WorldCat Records. OCLC may refuse to authorize Commercial Use of WorldCat Records, without liability, in its sole discretion.
D. Transfer of WorldCat Records
1.
1. Subject to the restrictions set forth in this Policy, an OCLC Member may Transfer WorldCat Records of its own Holdings to other OCLC Members and Non-OCLC Members for Use in accordance with this Policy.
2. A Non-OCLC Member may Transfer WorldCat Records of its own Holdings to OCLC Members and Non-OCLC Members under separate agreement with OCLC. The Non-OCLC Member wishing to make such a Transfer must submit a WorldCat Record Use Form to OCLC for approval of the proposed Transfer. OCLC’s approval of the Transfer described in the WorldCat Record Use Form: (i) must be in writing; (ii) may be conditioned upon agreement to additional terms and conditions determined by OCLC; and (iii) may be withheld by OCLC, without liability, within its sole discretion.
2. The following restrictions apply to Transfer of WorldCat Records:
1. Attribution. WorldCat and OCLC Online Computer Library Center, Inc. must be clearly identified as the source of WorldCat Records Transferred. Please see the FAQ for information about appropriate attribution of WorldCat and OCLC.
2. Modification Restriction. The OCLC number (if any), the link to this Policy and any additional means of attribution (besides the link to this Policy) may not be removed from any WorldCat Record.
3. Commercial Transfer Prohibited. Commercial Transfer of WorldCat Records is prohibited unless OCLC has entered into a separate written agreement with the party that will receive the WorldCat Records. The WorldCat Record Use Form should be used to initiate discussions with OCLC regarding an agreement authorizing Commercial Transfer of WorldCat Records. OCLC may refuse to authorize Commercial Transfer of WorldCat Records, without liability, in its sole discretion.
4. Copy of Policy. If an OCLC Member Transfers WorldCat Records of its own Holdings under Section D.1.a above, the OCLC Member will provide the party receiving the WorldCat Records with a copy of this Policy (or a link by which this Policy may be accessed) and indicate that Use and Transfer of WorldCat Records is permitted only in accordance with the Policy.
3. The Transfer of WorldCat Records by an OCLC Member or Non-OCLC Member which do not represent its own Holdings requires submission of a WorldCat Record Use Form to OCLC for approval of the proposed Transfer. OCLC’s approval of the Transfer described in the WorldCat Record Use Form: (i) must be in writing; (ii) may be conditioned upon agreement to additional terms and conditions determined by OCLC; and (iii) may be withheld by OCLC, without liability, within its sole discretion.
4. WorldCat Records, a work incorporating WorldCat Records or a work based on WorldCat Records which are Transferred may be Used by the recipient only under the terms of this Policy. Additional or different terms may not be imposed. Any link to this Policy in a WorldCat Record that is Transferred may not be removed, hidden, deactivated or obscured.
E. Additional Provisions
1. The rights to Use and Transfer WorldCat Records afforded by this Policy shall automatically terminate upon any breach of the terms of this Policy. The OCLC Member(s) and/or Non-OCLC Member(s) involved in any breach of this Policy shall provide such assistance as is reasonably requested by OCLC to remedy the breach.
2. WORLDCAT RECORDS ARE PROVIDED AND/OR MADE AVAILABLE “AS IS”. NEITHER THE ORIGINAL CATALOGING LIBRARY NOR OCLC WARRANTS THE COMPLETENESS OF WORLDCAT RECORDS.
3. Neither this Policy nor the transactions contemplated herein serve to transfer any ownership right or interest in or to WorldCat or WorldCat Records, including, without limitation, the intellectual property rights therein.
4. When an organization makes bibliographic information available to OCLC which is subject to Use or Transfer restrictions which are different than those set forth in this Policy, and OCLC nevertheless elects to accept the information for addition to WorldCat, OCLC will inform OCLC Members and Non-OCLC Members of the restrictions, and the rights to Use and Transfer such information will be subject to such restrictions.
5. Regardless of the source from which WorldCat Records are received, Use and Transfer of WorldCat Records is authorized solely by OCLC pursuant to this Policy. Accordingly, this Policy constitutes a direct contractual relationship between OCLC and the party obtaining WorldCat Records, and may be enforced by OCLC directly against such party.
6. OCLC has the sole discretion to determine whether any Use and/or Transfer of WorldCat Records complies with this Policy. In the event OCLC identifies a Use and/or Transfer which does not comply with this Policy, OCLC shall notify the relevant OCLC Member(s) and/or Non-OCLC Member(s) and such parties agree to work with OCLC to resolve the noncompliance.
7. This Policy is the final, complete and exclusive statement of the agreement of the parties with respect to the subject matter hereof. Once applicable to a given Use or Transfer of WorldCat Records, no provision of this Policy may be changed, modified or supplemented except in a written document signed by the parties. OCLC may issue a modified version of this Policy or a substitute for this Policy at any time and the modified or substitute version will apply to any Use and Transfer of WorldCat Records after the date of issuance (or other effective date specified by OCLC).
8. If any provision of this Policy is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Policy, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. No term or provision of this Policy shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
9. This Policy shall be governed by and interpreted in accordance with the laws of the State of Ohio and the United States of America, without regard to principles of conflict of laws, except (i) as otherwise provided in a separate agreement with OCLC which incorporates this Policy; or (ii) as otherwise required by applicable law.
