E-Publishing and Digital Libraries: Legal and Organizational Issues

E-Publishing and Digital

Libraries:

Legal and Organizational Issues

Ioannis Iglezakis

Aristotle University of Thessaloniki, Greece

Tatiana-Eleni Synodinou

University of Cyprus, Cyprus

Sarantos Kapidakis

Ionian University, Greece

Hershey • New York

InformatIon scIence reference

Director of Editorial Content: Kristin Klinger

Director of Book Publications: Julia Mosemann

Acquisitions Editor: Lindsay Johnston

Development Editor: Christine Bufton

Publishing Assistant: Jamie Snavely

Typesetter: Michael Brehm

Production Editor: Jamie Snavely

Cover Design: Lisa Tosheff

Published in the United States of America by

Information Science Reference (an imprint of IGI Global)

701 E. Chocolate Avenue

Hershey PA 17033

Tel: 717-533-8845

Fax: 717-533-8661

E-mail: [email protected]

Web site: http://www.igi-global.com

Copyright © 2011 by IGI Global. All rights reserved. No part of this publication may be reproduced, stored or distributed in

any form or by any means, electronic or mechanical, including photocopying, without written permission from the publisher.

Product or company names used in this set are for identification purposes only. Inclusion of the names of the products or com￾panies does not indicate a claim of ownership by IGI Global of the trademark or registered trademark.

Library of Congress Cataloging-in-Publication Data

E-publishing and digital libraries : legal and organizational issues / Ioannis

Iglezakis, Tatiana-Eleni Synodinou, and Sarantos Kapidakis, editors.

p. cm.

Includes bibliographical references and index.

Summary: "In this book, a comprehensive review of various legal issues

concerning digital libraries is presented"--Provided by publisher.

ISBN 978-1-60960-031-0 -- ISBN 978-1-60960-033-4 (ebook) 1. Digital

libraries. 2. Libraries and electronic publishing. 3. Copyright--Electronic

information resources. 4. Digital preservation. I. Synodinou, Tatiana￾Helene. II. Kapidakis, Sarantos. III. Iglezakis, Ioannis, 1965-

ZA4080.E19 2011

025.00285--dc22

2010017210

British Cataloguing in Publication Data

A Cataloguing in Publication record for this book is available from the British Library.

All work contributed to this book is new, previously-unpublished material. The views expressed in this book are those of the

authors, but not necessarily of the publisher.

Editorial Advisory Board

Heiki Pisuke, University of Tartu, Estonia & Council of the European Union

Fernando Galindo, University of Zaragoza, Spain

Lilian Mitrou, University of Aegean, Greece

Maria Bottis, Ionian University, Greece

Nikolaos Intzessiloglou, Aristotle University of Thessaloniki, Greece

List of Reviewers

Ioannis Iglezakis, Aristotle University of Thessaloniki, Greece

Sarantos Kapidakis, Ionian University, Greece

Tatiana Synodinou, University of Cyprus, Cyprus

Preface ..............................................................................................................................................xviii

Acknowledgment ..............................................................................................................................xxiii

Part A

Organizational Issues

Chapter 1

History, Evolution, and Impact of Digital Libraries ............................................................................... 1

Leonardo Candela, Consiglio Nazionale delle Ricerche, Italy

Donatella Castelli, Consiglio Nazionale delle Ricerche, Italy

Pasquale Pagano, Consiglio Nazionale delle Ricerche, Italy

Chapter 2

Interoperability in Digital Libraries ...................................................................................................... 31

Hussein Suleman, University of Cape Town, South Africa

Chapter 3

Quality and Interoperability: The Quest for the Optimal Balance ........................................................ 48

Nicola Ferro, University of Padua, Italy

Chapter 4

Collaboration through Digital Libraries ................................................................................................ 69

András Micsik, MTA SZTAKI DSD, Hungary

Chapter 5

Encoding Models for Scholarly Literature: Does the TEI Have a Word to Say? ................................. 88

Martin Holmes, University of Victoria, Canada

Laurent Romary, INRIA-Gemo & Humboldt Universität Berlin, Germany

Table of Contents

Chapter 6

Music Libraries: How Users Interact with Music Stores and Repositories ........................................ 111

Dimitrios Margounakis, Aristotle University of Thessaloniki, Greece

Dionysios Politis, Aristotle University of Thessaloniki, Greece

Chapter 7

E-Books in Digital Libraries ............................................................................................................... 131

Monica Landoni, University of Lugano, Switzerland

Chapter 8

Emerging Challenges of the Digital Information ................................................................................ 141

Sarantos Kapidakis, Ionian University, Greece

Part B

Legal Issues of Digital Libraries

Section 1

Digital Libraries and Copyright Law

Chapter 9

Digital Libraries and Copyright Issues: Digitization of Contents and the Economic

Rights of the Authors .......................................................................................................................... 159

Agnès Lucas-Schloetter, Ludwig-Maximilian University, Germany

Chapter 10

The Digitization of Contents in Digital Libraries: Moral Right and Limits ....................................... 180

Anthoula Papadopoulou, Aristotle University of Thessaloniki, Greece

Chapter 11

The Issue of ‘Orphan’ Works in Digital Libraries .............................................................................. 198

Maria-Daphne Papadopoulou, Hellenic Copyright Organization, Greece

Chapter 12

The Protection of Digital Libraries as Databases: An Ideal Choice or a Paradox? ............................ 232

Tatiana-Eleni Synodinou, University of Cyprus, Cyprus

Chapter 13

Copyright and Digital Libraries: Securing Access to Information in the Digital Age ........................ 257

Christophe Geiger, University of Strasbourg, France

Chapter 14

Digital Libraries and Web Linking ..................................................................................................... 273

Maria G. Sinanidou, Hellenic Copyright Organization, Greece

Chapter 15

Intellectual Property Issues for Digital Libraries at the Intersection of Law, Technology,

and the Public Interest ......................................................................................................................... 294

Dionysia Kallinikou, National & Kapodistrian University of Athens, Greece

Marinos Papadopoulos, Athens Bar Association, Greece & Legal Lead Creative Commons, Greece

Alexandra Kaponi, Athens Bar Association, Greece

Vassiliki Strakantouna, National & Kapodistrian University of Athens, Greece

Chapter 16

Open Content in Libraries: Contractual Issues ................................................................................... 342

Galateia Kapellakou, Bar Office of Athens, Greece

Marina Markellou, Bar Office of Corinth, Greece

Evangelia Vagena, Hellenic Copyright Organization, Greece

Section 2

Traditional Media in Digital Libraries

Chapter 17

Newspapers and Digital Libraries ....................................................................................................... 363

Nadia Kyprouli, Athens Bar Association, Greece

Chapter 18

The Audiovisual Works as Digital Library Content: Storage and Exploitation .................................. 382

Charis Tsigou, Greek Audiovisual Council, Greece

Section 3

Management of the Digital Library: IP Management and Other Legal Issues

Chapter 19

Personal Data Protection in Digital Libraries ..................................................................................... 413

Ioannis Iglezakis, Aristotle University of Thessaloniki, Greece

Chapter 20

Liability of Hosting Provider with Regard to Open Libraries ............................................................ 430

Thanos K. Tsingos, Athens Bar Association, Greece

Chapter 21

Copyright Infringement of Digital Libraries and Private International Law: Jurisdiction Issues ...... 447

Nikitas Hatzimihail, University of Cyprus, Cyprus

Section 4

Cultural Aspects

Chapter 22

Preservation of Cultural and Scientific Heritage by Means of Digital Libraries ................................ 462

Stylianos Korres, Athens Bar Association, Greece

Eva Kokotsaki, Athens Bar Association, Greece

Compilation of References .............................................................................................................. 482

About the Contributors ................................................................................................................... 513

Index ................................................................................................................................................... 522

Preface ..............................................................................................................................................xviii

Acknowledgment ..............................................................................................................................xxiii

Part A

Organizational Issues

Chapter 1

History, Evolution, and Impact of Digital Libraries ............................................................................... 1

Leonardo Candela, Consiglio Nazionale delle Ricerche, Italy

Donatella Castelli, Consiglio Nazionale delle Ricerche, Italy

Pasquale Pagano, Consiglio Nazionale delle Ricerche, Italy

Digital Libraries have achieved a fundamental role in our knowledge society. By making the wealth of

material contained in libraries, museum, archives and any knowledge repository worldwide available

they are giving citizens in every place of the world the opportunity to appreciate their global cultural

heritage and use it for study, work or leisure. They are revolutionising the whole knowledge manage￾ment lifecycle. In this chapter, the history characterizing these “knowledge enabling technologies” is

described. The history starts from the early attempts toward systems supporting knowledge discovery

and reaches the current age in which a plethora of different realizations of digital library systems co￾exist. The evolutionary process conducting to the current, multi-instanced and still evolving status of

affairs as well as the motivations governing it are identified and presented. The main initiatives and

milestones producing the nowadays instances of these knowledge enabling systems are mentioned.

Finally, the impact these systems had and are having on various aspects of our society is discussed.

Chapter 2

Interoperability in Digital Libraries ...................................................................................................... 31

Hussein Suleman, University of Cape Town, South Africa

This chapter present the principles and practices of interoperability – the ability of systems to work

together – as it pertains to digital libraries. While there is no well-defined theoretical basis for in￾teroperability, it has gradually emerged as a major aspect in the creation of digital library systems,

Detailed Table of Contents

particularly in modern digital repositories such as those adopted by the Open Access movement. The

need for standardisation is a key element of interoperability, and is considered in tandem with the more

technical elements. Principles of interoperability have emerged through experimentation and any future

attempts to infuse interoperability into a system should build on these principles, such as simplicity and

orthogonality. In practice, experiments with system and protocols have demonstrated what works and

what does not and where there is a need for additional interventions, such as the successful OAI-PMH

and RSS standards. The key interoperability technologies currently in use in digital library systems are

introduced and contextualised in terms of their applicability and motivations. In this discussion, the line

between digital library standards and Web standards is intentionally fuzzy because of the increasingly

symbiotic relationship between these communities.

Chapter 3

Quality and Interoperability: The Quest for the Optimal Balance ........................................................ 48

Nicola Ferro, University of Padua, Italy

This chapter deals with the problem of defining and assessing the quality of a digital library. The chap￾ter will provide a brief excursus on the evolution of digital libraries and their current complexity to

make it clear that there is a strong need for systematic and exhaustive models which precisely define

what digital libraries are and encompass a model for the quality of digital libraries. In this context, we

will present an overview of the DELOS Reference Model for digital libraries and we will go into details

about how quality has been modelled in it. We will also compare this model to another formal model for

digital libraries, which is the Stream, Structures, Spaces, Scenarios, Societies (5S) model. The discus￾sion addressed in the chapter will not be limited to quality issues but will show how quality impact on

various dimensions of the digital library universe. In particular, we will discuss how quality relates to

interoperability. To this end, we will describe the conceptual model for interoperability developed in

support to the European Digital Library initiative and we will highlight its relationships with the quality

domain in the DELOS Reference Model. Finally, we will outlook some future directions that may be

pursued to improve and automate the assessment and evaluation of quality in digital libraries.

Chapter 4

Collaboration through Digital Libraries ................................................................................................ 69

András Micsik, MTA SZTAKI DSD, Hungary

This chapter addresses the collaborative aspects of digital libraries as a special case of Computer Sup￾ported Collaborative Work (CSCW). Libraries always had social and cultural roles, and worked as a

dedicated place for learning, research and sometimes also for opinion exchange and debates. The Inter￾net era gave birth to digital libraries which can also represent a whole range of collaborative functions.

The suitable collaborative functions are different for young students, general public or scientists and

also different in the view of the user’s goals, such as finding content, finding answers or creating new

content. The collaborative aspects of these library functions are described here in details with typical

examples. Despite of these examples, many librarians think that digital libraries failed to ride the waves

of emerging web technologies, and current digital libraries cannot serve general information needs well

enough, so they are not among the first sources of information and collaboration support any more.

An important moment in the evolution of DL systems was the appearance of Web 2.0 technology and

social computing. The Web 2.0 brought not only fancier user interfaces, but enriched functionality for

building communities and collaborating extensively through the Web. Library 2.0 was the late response

of the librarian community for social sites, since Library 2.0 is user-centered, with focus on rich social

interactions through multi-media content. Moreover, for many, Library 2.0 is not about technology, but

about a new philosophy of constant evaluation and innovation with the help of library users. In fact,

Library 2.0 allows the users to change the library in many ways. The challenges for libraries within the

Web 2.0 era are summarized here, along with the research issues waiting to be solved, as we think that

the prospects of collaborative functionalities are far reaching and they could become a key motivation

for using digital libraries.

Chapter 5

Encoding Models for Scholarly Literature: Does the TEI Have a Word to Say? ................................. 88

Martin Holmes, University of Victoria, Canada

Laurent Romary, INRIA-Gemo & Humboldt Universität Berlin, Germany

In this chapter, we examine the issue of digital formats for document encoding, archiving and pub￾lishing, through the specific example of “born-digital” scholarly journal articles. This small area of

electronic publishing represents a microcosm of the state of the art, and provides a good basis for this

discussion. We will begin by looking at the traditional workflow of journal editing and publication, and

how these practices have made the transition into the online domain. We will examine the range of dif￾ferent file formats in which electronic articles are currently stored and published. We will argue strongly

that, despite the prevalence of binary and proprietary formats such as PDF and MS Word, XML is a far

superior encoding choice for journal articles. Next, we look at the range of XML document structures

(DTDs, Schemas) which are in common use for encoding journal articles, and consider some of their

strengths and weaknesses. We will suggest that, despite the existence of specialized schemas intended

specifically for journal articles (such as NLM), and more broadly-used publication-oriented schemas

such as DocBook, there are strong arguments in favour of developing a subset or customization of the

Text Encoding Initiative (TEI) schema for the purpose of journal-article encoding; TEI is already in use

in a number of journal publication projects, and the scale and precision of the TEI tagset makes it par￾ticularly appropriate for encoding scholarly articles. We will outline the document structure of a TEI￾encoded journal article, and look in detail at suggested markup patterns for specific features of journal

articles. Next, we will look briefly at how XML-based publication systems work, and what advantages

they bring over electronic publication methods based on other digital formats.

Chapter 6

Music Libraries: How Users Interact with Music Stores and Repositories ........................................ 111

Dimitrios Margounakis, Aristotle University of Thessaloniki, Greece

Dionysios Politis, Aristotle University of Thessaloniki, Greece

Nowadays, there is a great increase in music distribution over the Internet. This phenomenon is com￾mon in many countries and therefore involves many issues such as: ways of distribution, music format,

organizing music and copyright issues. The revolution in music prototypes (especially the MP3 music

format) urged many people to turn to the Internet for free and easy-to-find music. Music files can be

downloaded easily from the Internet anywhere in the world and be burned into a CD or DVD or trans￾ferred to a friend via usb-sticks. Music is also widely available as streams in Internet trough various

services such as MySpace, YouTube and Spotify. Internet also is full of questions what is legal and what

is not, because exchange of files is hard to supervise and the laws between countries also differ. All the

legal services are constructed around a digital music library, containing millions of songs. Vast music

libraries are easily accessed through Internet from users and serve as the ultimate way to find and listen

to the music they desire. In this chapter, some representative popular music libraries are presented.

Moreover, the interaction between the user and a music repository or a music store (a web site that sells

music over the Internet) is another subject presented in this chapter. In section 1, terms and definitions

related to digital music libraries are explained. Section 2 presents some popular music libraries, while

section 3 presents some popular Internet music stores. Finally, a special version of a digital music li￾brary in streaming format (Internet Radio) is presented in section 4.

Chapter 7

E-Books in Digital Libraries ............................................................................................................... 131

Monica Landoni, University of Lugano, Switzerland

This chapter will introduce a definition and an analysis of user needs when reading electronic books.

The way users interact with e-books is explored in a section on e-reading with an overview of different

types of readings and their implications on design. Finally the description of an evaluation initiative

aimed at studying e-book usability in context, the Active Reading Track in INEX is provided. Specific

attention will be paid to the role e-books play in academia and the studies that look into visibility, popu￾larity and accessibility of electronic titles with students and scholars.

Chapter 8

Emerging Challenges of the Digital Information ................................................................................ 141

Sarantos Kapidakis, Ionian University, Greece

The digital era has brought a change to the information world. Digital information is collected in re￾positories, is described with metadata and is disseminated through digital libraries. But many issues are

in debate, even what in fact constitutes a digital object, how to create, store and handle complex digital

objects and how to preserve the digital information in the long run. Digital objects are used more exten￾sively than traditional ones, which affect their cost and pricing. The enforcing of the copyright is more

imperative, while at the same time copies have to be created for technical reasons alone. It is difficult

to distinguish and prevent unauthorized copying and plagiarism, there are many more parties that may

be responsible for bad use and the fair use appears in different ways. There are unusually many orphan

works and many digital objects have unclear terms of usage or are often offered under open access, such

as Creative Commons licenses. Libraries have a new role in this context, which involves using, creating

and sharing digital libraries.

Part B

Legal Issues of Digital Libraries

Section 1

Digital Libraries and Copyright Law

Chapter 9

Digital Libraries and Copyright Issues: Digitization of Contents and the Economic

Rights of the Authors .......................................................................................................................... 159

Agnès Lucas-Schloetter, Ludwig-Maximilian University, Germany

While cultural institutions such as libraries, museums and archives wish to digitize their collections

for preservation purposes and make the world’s cultural heritage available to the public, private enti￾ties are launching projects to provide access to digitized contents through Internet search engines. This

may, however, raise copyright issues, particularly in case of “opt-out” programs such as Google’s Book

Search, where rights holders have to specifically request that their copyrighted works be excluded from

the project. This chapter highlights the legal challenges involved in the digitization of works from li￾braries’ collections and the subsequent use of the digital files.

Chapter 10

The Digitization of Contents in Digital Libraries: Moral Right and Limits ....................................... 180

Anthoula Papadopoulou, Aristotle University of Thessaloniki, Greece

This chapter deals with the challenges faced by moral rights in the digital environment, especially as

they pertain to digital libraries. It starts with an introduction to issues concerning the legal framework

of moral rights, clarifying their position internationally. Furthermore, specific issues regarding infringe￾ments of moral rights are addressed, namely: content digitization, practice of linking, alterations of

the work during the digitization process etc. In short, the necessity of the digitization of the library’s

content is elucidated and the societal demand of easy and cheap access to knowledge is presented. The

author is of the opinion that moral rights, arising out of the conflict of economical interests, are easier

to maintain their legal intensity. Furthermore, in the modern information society, moral rights are prone

to an inter-disciplinary approach and thus, they gain intensity in the balance of interest between authors

and users. More specifically, moral rights have an intricate interrelationship with social, cultural, eco￾nomic and philosophical aspects as well as with Fundamental and Human Rights.

Chapter 11

The Issue of ‘Orphan’ Works in Digital Libraries .............................................................................. 198

Maria-Daphne Papadopoulou, Hellenic Copyright Organization, Greece

A new category of works creates a number of problems in the world of digital libraries, and not only,

and that is, the ‘orphan’ works. Those works of an unknown -or untraceable- author create an uncer￾tainty to the perspective users, who, although they need to use the works and they are willing to obtain a

license, they are unable to do so, since they do not know from where to ask it. This chapter will analyze

the ‘orphan’ works issue of the digital libraries’ perspective. It will explore not only the controversial

term of ‘orphan’ works, but most importantly the controversial situation that the ‘orphan’ works has

created. Part one will explain the notion of ‘orphan’ works. Part two will explore why, how and when

they entered into the modern copyright world. Part three will look through the problems that originate

from ‘orphan’ works: economic, cultural, technical problems and the multi-territorial issue. Next, after

analyzing the relevant legal framework for ‘orphan’ works in relation to digital libraries (part four), part

five will look into the legal solutions that exist or are proposed to confront this problem. Finally, in the

last part it will be analyzed how the ‘orphan’ works are treated at the European level.

Chapter 12

The Protection of Digital Libraries as Databases: An Ideal Choice or a Paradox? ............................ 232

Tatiana-Eleni Synodinou, University of Cyprus, Cyprus

This chapter explains the application of EU Directive 96/9 to digital libraries. Digital libraries cor￾respond largely to the broad definition of databases which is established by the Directive 96/9. The

application of the database copyright and sui generis regime to digital libraries provides a safe and

solid legal protection to digital libraries which fulfill the conditions of originality and investment set

by the Directive. The chapter examines in detail the conditions for protection, the subject matter, the

content and the extent of the Directive’s 96/9 two-tier legal protection regime as it is applied to digital

libraries. While the protection of the structure of a digital library by copyright law has not provoked

any reactions both in Europe and in U.S.A., the possibility of protection of the digital library’s contents

by the quasi proprietary database sui generis right has been since the adoption of the Directive 96/9 a

highly controversial issue. The defendants of the Internet dogma of free and open flow of information

consider the sui generis right as an inappropriate and unbalanced legal mechanism which promotes the

monopolization of the digital knowledge to the detriment of the public interest. The chapter also dem￾onstrates the conflict between the proprietary interests of the digital library’s maker and the interests of

the lawful user of a digital library. Furthermore, a critical overview of the regime of exceptions to da￾tabase sui generis right is provided. In order to justify and balance the attribution of the proprietary sui

generis right, the author argues that the regime of database sui generis exceptions should be enriched

and strengthened, especially when the purposes of education, research and information are served by

the exceptions.

Chapter 13

Copyright and Digital Libraries: Securing Access to Information in the Digital Age ........................ 257

Christophe Geiger, University of Strasbourg, France

Challenged by new technology, copyright is currently in turmoil. Increasingly regarded by the general

public as a curb to the universal dissemination of knowledge, it seems to have no alternative but to

include access to information in order to meet the challenges posed by the knowledge society. It might

even be its ability to bring together opposing but complementary views that will guaranty its durabil￾ity in the future and whether it can adapt to a new economic, technological and social environment.

Copyright law has shown a remarkable ability to adapt to new developments in the past and has the

necessary tools to ensure that this continues to be the case in the future, although the massive techno￾logical changes will probably require rethinking the mechanisms for its implementation. It is, therefore,

necessary not to think in terms of opposing rights, but of the complementary nature of copyright and the

right of access to information, so as to reconcile the two, which is both necessary and desirable. The is￾sue of how to accommodate those two rights is of course of particular importance for libraries that wish

to use the fantastic opportunities of digital technologies to both preserve and make accessible works in

a easy and cost effective way to the public. Conceiving an optimal legal framework, allowing digital

libraries to expand while at the same time securing a fair return to creators and editors might therefore

constitutes one of the main challenges for copyright in the digital age. Accordingly, it will be necessary,

first of all, to reiterate a number of basic principles of copyright law and carry out a brief historical sur￾vey. A study will then need to be carried out of how the advent of the information society has changed

the existing balances. This will be followed by a brief discussion of recent developments in the legal

provisions currently in force. This in turn would lead us to consider both the changes necessary to those

provisions to ensure better access to information as well as certain initiatives that are either under way

or planned, with the aim of striking a balance between the interests involved.

Chapter 14

Digital Libraries and Web Linking ..................................................................................................... 273

Maria G. Sinanidou, Hellenic Copyright Organization, Greece

In the digital era knowledge and information are becoming more and more online accessible. In this

perspective, libraries have a vital function in respect of copyright protection and accessibility to knowl￾edge. On the one hand, web services are facilitating flow of information and access to knowledge; on

the other hand, Internet moots questions regarding copyrights protection. The main purpose of linking

is the creation of the World Wide Web as a thesaurus of knowledge and information. Nevertheless,

digitization projects on an international level are already experiencing conversely issues, mainly be￾cause of copyright. Purpose of this chapter is to discuss some of these issues deriving from the linking,

particularly for digital libraries. What is the relation between the scope of digital libraries on the one

hand and of copyright on the other one? What is the role of the various stakeholders, i.e. the libraries

and the right holders?

Chapter 15

Intellectual Property Issues for Digital Libraries at the Intersection of Law, Technology,

and the Public Interest ......................................................................................................................... 294

Dionysia Kallinikou, National & Kapodistrian University of Athens, Greece

Marinos Papadopoulos, Athens Bar Association, Greece & Legal Lead Creative Commons, Greece

Alexandra Kaponi, Athens Bar Association, Greece

Vassiliki Strakantouna, National & Kapodistrian University of Athens, Greece

The development of Digital libraries and repositories, a worldwide vision with enormous political

and ideological importance for humanity, in an effort to approach cultures and preserve plurality and

diversity, is directly affected by the provisions of Intellectual Property Law and is subject to the con￾sideration of innovation through legislation. Legal issues such as these related to software use, database

protection, the collection, digitization, archiving, and distribution of protected works are of outmost

importance for the operation and viability of Digital libraries and repositories. In this chapter, we focus

upon some of these legal issues and consider an alternative proposal in respect of Intellectual Property

law for open access to creative works furnished to the public through Digital libraries and repositories.