NFAIS Symposium on Licensing

[Ann Okerson <ann.okerson@yale.edu>]

I am forwarding this at the request of the NFAIS Information Policy
Committee.  I apologize for any multiple postings.---

Bonnie Klein
Program Manager for Copyrighted Information
Defense Technical Information Center
Ft. Belvoir, VA
bklein@dtic.mil <mailto:bklein@dtic.mil>

------------

Licensing and Digital Content:  A Symposium Organized by the National
Federation for Abstracting and Information Services (NFAIS)
http://www.nfais.org/ <http://www.nfais.org/> with assistance from The
H.W. Wilson Foundation

Friday, March 15, 2002

The Down Town Club
150 South Independence Hall West
(Southwest corner of 6th & Chestnut Streets, 11th Floor)
Philadelphia, PA

Successful e-commerce depends on the availability of the tools and
information that are at the very core of Web-based transactions.  Users
cannot obtain the best quality software and databases without a license.

Even though the practice of licensing information products and services is
not new, adapting contract terms and conditions to the world of digital
delivery has sometimes proved haphazard, even confusing for customers.

The growing availability and use of digital information has concentrated
the focus of providers, users and policy makers on establishing standards
for licenses and contracts - whether they govern use of CD's, computer
programs, or online access.

But before hard and fast rules are established, both providers and users
need answers to some key questions:

� What laws - whether in the United States or abroad - affect contracts and
  licenses for content in today's global information marketplace?
� What terms can content providers write into licenses to adequately protect
  their digital information without running afoul of the law or alienating
  customers?
� Are there special licensing concerns for the growing number of aggregators
  that need to both obtain and provide access to source materials in their
  electronic products and services?
� What contract terms and conditions are most important to digital content
  customers - whether corporate or nonprofit?

The NFAIS Licensing and Digital Content Symposium will help answer those
questions and provide you in-depth and expert opinions on the key issues
facing both information providers and users as we look toward the next
phase of e-commerce.

The Symposium will provide an educational forum on legal and policy issues
relating directly to licensing practices for digital content, regardless
of its medium of delivery.  Particular emphasis will be given to the
status of current US law and practice and the debates surrounding them -
including common law practices, court decisions, and the proposed Uniform
Computer Information Transactions Act (UCITA).  Because of the increased
delivery of digital information globally, the Symposium will also provide
an overview of the European Union laws and court decisions affecting
licensing and rights in digital data.  The focus will be on the effect of
legal standards - both those adopted and those proposed - on content
providers and users, including large institutional licensees such as
nonprofit libraries, universities and consortia, as well as corporations.

Who should attend:

� Decision makers from the content provider and aggregator communities
  involved with the development, marketing and licensing of digital
  products and services.
� Library acquisitions and digital collections specialists.
� Officials from corporate or educational institutions responsible for
  purchasing and negotiating licenses for digital content.
� Practitioners of intellectual property and contract law.

Registration Fee
(including luncheon)
NFAIS Members:  $200.00  Others:  $235.00

8:30 am - 9:30 am
   Registration and Continental Breakfast

9:30 am - 9:45 am
Welcome and Opening Remarks

9:45 am - 10:30 am
Intellectual Property and Licensing Laws - What, When and Why They Govern:
Joel Wolfson, Partner, Blank Rome Comisky & McCauley LLP

This noted practitioner of intellectual property and licensing law will
review of current legal standards governing the exercise and transfer of
digital information rights under both federal intellectual property law and
state licensing rules.  In addition, Mr. Wolfson will review the ways in
which intellectual property law and contract law intersect or collide under
current common law, as well as under the proposed UCITA statute.

Mr. Wolfson is a former counsel with Nasdaq and has long been involved in
the crafting and negotiation of licenses from the perspective of both user
and provider.  He participated in nearly every drafting session of
NCCUSL's UCITA Drafting Committee and currently heads the intellectual law
practice of Blank Rome.

10:30 am - 11:15 am
State of the Law:  Ray Nimmer, Leonard Childs Professor of Law, University
of Houston Law Center

Prof. Nimmer will provide an overview of digital content licensing precepts
as they have developed under common law, a discussion of leading court
decisions, and the relevance of the federal E-Sign legislation to contract
formation.  Profession Nimmer will also highlight important provisions of
UCITA and developments in the European Union.  The overview will provide a
basis of understanding of how common law decisions in the states have
affected the crafting of licensing agreements for content in the digital
age; how UCITA conforms with or would alter such practices; and the extent
to which standardization of licensing law is occurring globally.

Prof. Nimmer is a noted expert on licensing and contract law and served as
the Reporter for the UCITA Drafting Committee established by the National
Conference of Commissioners on Uniform State Laws (NCCUSL).  He has
published extensively on licensing and contract issues and continues to be
involved with NCCUSL's efforts to enact UCITA, including participating in
numerous negotiations among interested parties.

11:15 am - 11:30 am  Break

11:30 am - 12:15 pm
Perspectives from the Corporate User:  William R. Denny, Esquire, Partner,
Potter Anderson & Corroon LLP, Wilmington, DE

Corporations are increasingly large users of digital content.  Access to
such information - whether directly from vendors or through a corporate
library or intranet - is key to the economic viability of such
organizations.  Large corporations are often in a position to negotiate
for use of such material; however, as the information marketplace has
developed and grown, they are often presented with de facto licensing
terms and conditions.  Mr. Denny will discuss his experience negotiating
licenses for use of digital content on behalf of large corporate clients,
and whether the current common law standards prove adequate for addressing
the corporation's usage needs.  He will then review how the current
situation would alter under UCITA.

Mr. Denny has vast experience in the area of information licensing law.
He has represented licensor and licensee clients in the negotiation of
information licenses and in litigation over such licenses.  He also
participated in NCCUSL's UCITA Drafting Committee meetings, and chaired a
special committee of the Delaware State Bar Association to review UCITA.

12:15 pm - 1:30 pm   Luncheon

1:30 pm - 2:15 pm
An Aggregator's View:  Brian Sweet, Information Consultant

Aggregators have concerns about licensing digital content in terms of both
user and provider.  As a user, they must often negotiate for access to
databases in order to prepare traditional indices and abstracts - as well
as provision of new services, such as portals and gateways.  As a
provider, they must take into account not only terms and conditions for
the products and services they create but also those of the original
content owner.  Mr. Sweet will discuss specifics of licensing of digital
content from both these perspectives, concentrating particularly on the
extent to which contracts and agreements have altered as the demand for
aggregator databases has increased.

2:15 pm - 3:00 pm
The Library Perspective:  Speaker TBA

This discussion will focus on issues involved in licenses for digital
content, including:  the extent to which licensing negotiations are
necessary or possible between providers and libraries - or if the
situation differs for various delivery and access media; and particular
terms and conditions that have proven problematic for libraries' mission
to provide broad access to information, including digital content products
and services.  Following this overview, the presenter will discuss the
extent to which UCITA will alter the current environment - either to the
benefit or detriment of the library community.

3:15 pm - 3:30 pm   Break

3:30 pm - 4:15 pm
Perspectives from the Educational Community: Rodney Petersen, Director, IT
Policy and Planning, University of Maryland

Since Maryland's enactment of UCITA in the spring of 1999, digital content
licenses for the state's libraries have been subject to the provisions of
UCITA.  A representative from CIRLA will review the objections to the law
voiced during debate in the Maryland legislature and the review process
for the new law established by the legislature.  Following this overview,
the presenter will outline changes that have occurred in the library
market for digital content since enactment of the new law, including:
the effect on the libraries' ability to provide direct access to, loan,
and preserve digital content; their need to more closely monitor and
negotiate licensing agreements; and specific licensing terms and
conditions that have proven especially problematic or beneficial for the
Maryland library community.

4:15 pm - 5:00 pm
A Database Provider View:  Steven Emmert, Director of Government and
Industry Affairs, Reed Elsevier Inc.

Mr. Emmert will review some current licensing practices for the Reed
Elsevier family of digital content products and services. He will discuss
specific terms and conditions within licensing agreements for certain Reed
Elsevier products and services, including the evolution of the specifics
in those agreements and the extent to which they are standard across
geographic boundaries and the broad range of user groups.  He will also
compare how current licensing contracts conform to or differ from similar
provisions in UCITA.

Licensing and Digital Content Symposium
March 15, 2002
The Down Town Club
Philadelphia, PA
REGISTRATION FORM

Register through our Web site: www.nfais.org

NFAIS
1518 Walnut Street, Suite 307
Philadelphia, PA 19102
Fax:  215/893-1564
Phone: 215/893-1561