User:Sj/rights

Motivated by the discussions surrounding authors rights over text to speech as applied to their works and Kindle decisions, ca March 2009. Apropos of the licensing discussions going on across the projects as well...

A short list of conceptual rights related to works

from a berkmanfriends thread.

@Aaron : I don't think this is simple at all. Or rather, it may be simple but highlights issues that have been at play for a long time.

@Lewis : I agree with each of your comments in the thread, and don't find the analyses I've read to be very complete.

All of the following rights can be reserved and restricted (indicated by [converse] rights), transferred, provided constructively (promised in the future / on demand), renounced (indicated by [inverse] rights), and reversed (indicated by [reversal]), save where otherwise stated.

Key

For each right discussed below, there may be 1-7 variants of that right listed :

[*]	the original right	[NR]	the negative requisite right, to forbid others from doing
[Neg]	the Negative right, to not do something	[NI]	the negative inverse right, to refuse to let it be exercised
[Inv]	the Inverse right, to cause a right to be exercised	[IR]	the inverse requisite right, to require others to cause a right to be exercised
[Req]	the Requisite right, to require others to do something	[NIR]	the negative inverse requisite, to forbid others from allowing a right to be exercised

Example:

Distribution: Copying & Transfer (often combined with Commercialization)

[Neg] Hoarding. The right to not distribute copies of. see Possession.

[Inv] Mirroring? to receive and host for coyping.

[Req] Broadcasting. to require distribution by others.

[NR] Burying. to prohibit distribution by others.

[NI] Rejecting. to refuse to receive or host.

[IR] Automirror? to require hosting by mirrors

[NIR] Blacklisting. to require others to reject.

Meta rights

• The right to reserve and restrict rights (exclusivity)
• The right to transfer rights (not generally exclusive)
• The right to promise rights (transfer constructively/nontransactionally)
• The right to give up rights (renounce, pass on exclusive rights)
• The right to require action/exercise of rights by others (mandate?)

PASSIVE rights

• Recognition [of foo]. The right to be recognized/attributed as original creator, discoverer, or author of [foo] contributions.

  [Negative] Anonymity. The right to not be recognized/attributed as contributor to a work, or to have anonymity.

  [Inverse] Acknowledgment. to have recognition/attribution provided (or removed?) for others

  [Requisite] Share-alike? to require others to pass on this right of attribution

  [NR] Disassociation. to require that others not attribute a work to oneself (say, any derivative of one's work, or a work not one's own)

  [IR] Attribution-SA? to require others' contributions to be similarly recognized

  [NI] Nonacknowledgment. to use work of others without acknowledgment.

  [NIR] Nonattribution. to restrict the ability of others to acknowledge contributions (say, 'nonattrib-sa')

• Awareness [of foo]. The right to be informed of [foo] [re]use of a work or idea (say, on request; as in FOIA).

  [Inverse] Notification? The right to add/remove notification hooks from a work

  [Requisite] Updates? to require that others inform one of any [re]use of a work

• Refusal [of foo]. The right to be asked for approval before [foo] [re]use of a work or idea.

  [Neg] Permissivity. The right to decline to be asked for approval before use of a work (as in free licenses).

  [Inv] ? The right to remove refusal hooks from a work

  [NR] The right to restrict the ability of others to require approval for reuse (as in restrictions on license options for government works).

• Preservation. The right to have one's works protected from mutilation, destruction, gross negligence.

  Generally applied to original artistic works and works of stature.

  [Neg] Nonpreservation. The right to be certain that one's works will not be preserved from natural decay or initially expected lifetime.

  [Req] Sanctification? to require others to protect a work

  [NR]  ? to prohibit others from offering protection for [a work]

ACTIVE rights

• Creation*. The right to create a new work. [note: some other language in this context assumes this right is universal]

  [Neg] Noncreation. The right to not create new works.

  [Inv] Destruction. The right to destroy a created work.

  [NR] ? The right to restrict others from creating.

• Ownership. The right to own or possess a work (created or transferred).

  [Neg] Nonownership. The right to give up/avoid ownership of a work (even if none else will own it, as into the public domain)

  [Inv] Disownership. The right to remove ownership of a work (as into the public domain)

  [Req] Mandate. to require others to own

  [NR] Outlaw. to prohibit others from owning

• Acquisition. The right to acquire a work

  [Neg] Refusal. to not acquire a work (even if noone else is willing to acquire it)

  [Inv] Transfer. to give possession to another.

  [NR] Boycott? to restrict others from acquiring.

  [NI] Hoarding. to refuse to transfer to others

  [IR] Free exchange? to require others to transfer possession (say, on request; travellers' rooms and open door policies)

  [NIR] Embargo. to restrict others from transferring.

• Use. The right to use a work.

  --> common restrictions: # of times, location, context

  [Neg] Nonuse. to avoid using.

  [Inv] The right to cause a work to be used (playing music at a captive audience?)

  [NR] Regulation. to restrict the use of.

• Sharing. The right to use with others.

  --> specifics: performance and display (implied audience)

  --> common restrictions: 'public' performance and display (implied audience size)

  [Neg] Holding. to refuse to share with others. (see also Hoarding)

  [Inv] Unsharing? to make something [currently] shared inaccessible.

  [NR] Ban. to restrict others from sharing.

• Acting on a work (see subsection below)

• Capture. The right to instantiate a lasting record / impression / projection of a work.

  --> this often involves a Conversion of type.

  [Neg] Effervescence? The right to avoid having any lasting record made of a work, even in a naturally archiving environment.

  [NR] Nocapture. The right to prohibit the creation of any lasting record.

• Copying. The right to make copies [of instantiations] of a work.

  --> temporary copies, not for use (to exercise other rights), v. copies for use

  [Neg] Limited run? Cornering? The right to not make copies (even for a reasonable fee). see Hoarding.

  [Inv] Hosting. (see 'mirroring' below)

  [NR] Making unique? to make something uncopyable. (Note the loss of future value to others.)

  [NIR] Nohosting. to prohibit others from hosting (even though the work may be freely copyable and transferrable once discovered. a popular item on rights-wishlists)

• Commercialization. The right to derive commercial benefit from.

  [Neg] Anticommercialization. The right to forswear commercial benefit from.

  [Inv] Charity? Tithing? The right to direct commercial benefit to others

  [NR] Noncommercialization. The right to prohibit others from commercial benefit from. [have we used 'NC' to refer to the wrong right?]

Acting on a work

A collection of rights regarding modifying a work or using it in a project.

• Subselection, quoting. The right to create a selection from a work.

  --> common restrictions: size of subset proportional to the whole

• Compilation. The right to create an integral work including a work.

  --> common variant: compounded with subselection or modification

  • Annotation. to include commentary and related material with a work.
  • Illustration. to add images and interpretations in other media interleaved with a work

• Conversion. The right to transform a work, programatically and without significant novel creativity.
  • Media or file format
  • Visual style and layout format
  • Transliteration and textual representation
  • Language complexity and jargon (say, science paper to simple english precis)
  • Translation and language type (say, french braille into german audio)

• Modification. The right to create a derivative work from all or part of a work.
  • Performance. The right to perform a work (with associated [artistic] variations)
  • Interpretation. The right to [artistically] interpret a work. (parody, reperformance)

• Reuse. The right to incorporate any of the above in a new work. See compound rights below

COMPOUND rights

It's hard to imagine inverse compound rights...

• Distribution. Copying & Transfer (often combined with Commercialization)

  [Neg] Hoarding. The right to not distribute copies of. see Possession.

  [Inv] Mirroring? to receive and host for coyping.

  [Req] Broadcasting. to require distribution by others.

  [NR] Burying. to prohibit distribution by others.

  [NI] Rejecting. to refuse to receive or host.

  [IR] Automirror? to require hosting by mirrors

  [NIR] Blacklisting. to require others to reject.

• Publishing. Distribution & Sale

• Reuse. Modification ++ Use (iterative)

  [Neg] Preservation? to not reuse. (allowing only pristine use?)

  [Inv] Mixing. The right to mix [a copy of] a work with others for modification and use. (imagine revoking this right for barred works)

  [Req] Autoreuse. to require reuse by others.

  [NR] Noderivs. to prohibit reuse by others.

  [NI] Isolation. to keep a work from being reused.

  [IR] Mandated integration? to require others to use parts of a work in other works.

  [NIR] Quarantine. to require others to isolate a work from reuse.

  • Related rights:
    • Use of themes or settings. The right to reuse themes or familiar settings in other works
    • Use of direct excerpts. The right to use direct selections in other works, by way of reference or otherwise.

NB: The above list is extremely incomplete; it takes more energy to think about compound rights in this language of composition, and I ran out of steam; but hope to come back to the last two sections in particular. +sj +

Needed

• a noun that encompasses both work and idea.

• FRBR uses the term "work" to mean both the idea of something and its instantiations. FRBR also uses Expression, Manifestation, and Item to refer to the various levels of a Work. Libraries typically care about the relationship between Manifestations (e.g. an edition of a book) and Items (e.g. a particular copy of a book) and then tying them back to Works (the idea of/in that book); rights and copy-rights get interesting when you throw in Expressions (e.g. a performance of a play that is published in the book). -- phoebe / (talk to me) 03:09, 3 March 2009 (UTC)

• Heh - FRBR is a half-finished idea embodied in a work (guidelines)... less tongue-in-cheek, multiple works can share an idea, no? My Fair Lady and Pygmalion are different works, not simple derivatives, but overlap in their idea. What I can't recall is why I wanted a noun to encompass these both in the examples above. I'll be satisfied if we can just add one more element to item->manifestation->expression->work->FOO, or perhaps split that single chain into two parallel ones. +sj +