On Sun, 8 May 2005, Roger B. wrote:

> 
> > A "rights" description might talk about trademarks, registered
> > trademarks, service marks, and so forth: different from copyright.

Isolating this statement creates a misrepresentation of the argument
for using the label "rights".  The quoted statement is a reminder that
"copyright" is only ONE kind of "right" typically treated as
intellectual property right.

However, the more substantive argument for using the label "rights" is 
that users nowadays want to express an intent about permissions for
usage (particular usages, in particular usage contexts, by particular
classes of corporate entities, with particular financial restrictions,
etc), and these expression for permission fall outside the realm of 
"copyright."

I made a survey of the major metadata specifications in use, as well
as a number of syndication formats: most of them formally recognize the
difference between "rights" and "copyright" with respect to digital
works.

I won't bother this Atom list with a list of such specifications/standards,
beause it's (apparently) irrelevant.  One example, might help, in case the
examples already given (Dublin Core, dc:rights etc, and Open Archive
Initiative) [1] are unclear.  A new example is IPTC's NewsML [2].

Here's a summary of NewsML followed by a summary of the NewsML 
documentation explaining why the markup language uses a 'RightsMetadata'
markup element, and not just 'copyright'

NewsML, according to the developers, is "the versatile
News Markup Language for global news exchange. NewsML is
designed to provide a media-independent, structural framework
for multi-media news.

It's used by Business Wire, Reuters, and many others (e.g.,
Agence France Presse, ANA, ANSA, Japan Newspaper Publishers
& Editors Association NSK, JCN Newswire, MarketWire, PA News,
PR Newswire, SDA/ATS, The Irish Times, United Press International,
Wall Street Journal Online).

NewsML can be applied at all stages in the (electronic) news
lifecycle. Typical use would include: (1) in and between
editorial systems; (2) between news agencies and their
customers; (3) between publishers and news aggregators; (4)
and between news service providers and end users."

Hopefully, it's obvious why Atom and NewsML often appear in the
same list of technologies for news syndication.

NewsML and Atom both have markup elements for "metadata";
NewsML has a few more than Atom's 15x, but the idea is the
same: there's "content" and "metadata" (about content).

In the NewsML documentation for metadata markup elements, the
distinction is made between "copyrights" and "usage rights":
arguably, forcing all "rights" information into "copyright"
is suboptimal, as well as simply incorrect with respect to
bodies of law that govern these concepts.

NewsML documentation: [4]

"4.1.1 Classes of metadata

NewsML divides the world of Metadata at the NewsComponent level
into four classes:
1) Administrative Metadata: information about a package of news
   objects, or about the creation of the content contained in or
   referenced by the constituents of the NewsComponent.
2) Descriptive Metadata: information about the content contained
   in or referenced by the constituents of the NewsComponent.
3) Rights Metadata: information about the copyrights and usage
   rights of the content contained in or referenced by the
   constituents
4) Miscellaneous: other metadata...

The RightsMetadata element contains information about the
rights pertaining to the constituents of a NewsComponent, and
any relevant usage rights that have been granted by the
copyright holder to other parties."

There's the difference, as articulated by NewsML, very similar
to the markup terms used by Dublin Core, OAI-PMH, and a large
number of other syndication/metadata formats: "copyright" is
a narrow legal term that distinct from usage rights and other
kinds of rights that are commonly expressed for Internet resources.

> Robin: In my opinion, the only place an atom:copyright should appear
> is at the feed level,

Interesting: the Atom spec does not seem to share this point of view,
if I have read it correctly

Cheers,

-rcc

> as an assertion of ownership of the feed
> document itself. Rights statements relating to individual entries
> should live within the content, particularly references to trademarks
> and the like.
> 
> So I guess I'm -1 on atom:rights.
> 
> --
> Roger Benningfield

[1] http://www.imc.org/atom-syntax/mail-archive/msg14944.html
[2] http://www.newsml.org/pages/index.php
[3] http://www.newsml.org/pages/whouse_main.php
[4] 
http://www.newsml.org/IPTC/NewsML/1.2/documentation/NewsML_1.2-doc-Guidelines_1.00.pdf

> 
> 

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