CA2235276A1 - Electronic rights management and authorization system - Google Patents
Electronic rights management and authorization systemInfo
- Publication number
- CA2235276A1 CA2235276A1 CA002235276A CA2235276A CA2235276A1 CA 2235276 A1 CA2235276 A1 CA 2235276A1 CA 002235276 A CA002235276 A CA 002235276A CA 2235276 A CA2235276 A CA 2235276A CA 2235276 A1 CA2235276 A1 CA 2235276A1
- Authority
- CA
- Canada
- Prior art keywords
- rights
- works
- work
- data storage
- storage device
- Prior art date
- Legal status (The legal status is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the status listed.)
- Granted
Links
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- 238000012545 processing Methods 0.000 claims description 7
- 238000007726 management method Methods 0.000 description 22
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Classifications
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- G—PHYSICS
- G06—COMPUTING; CALCULATING OR COUNTING
- G06F—ELECTRIC DIGITAL DATA PROCESSING
- G06F21/00—Security arrangements for protecting computers, components thereof, programs or data against unauthorised activity
- G06F21/10—Protecting distributed programs or content, e.g. vending or licensing of copyrighted material ; Digital rights management [DRM]
-
- G—PHYSICS
- G06—COMPUTING; CALCULATING OR COUNTING
- G06F—ELECTRIC DIGITAL DATA PROCESSING
- G06F21/00—Security arrangements for protecting computers, components thereof, programs or data against unauthorised activity
- G06F21/10—Protecting distributed programs or content, e.g. vending or licensing of copyrighted material ; Digital rights management [DRM]
- G06F21/105—Arrangements for software license management or administration, e.g. for managing licenses at corporate level
-
- G—PHYSICS
- G06—COMPUTING; CALCULATING OR COUNTING
- G06Q—INFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
- G06Q30/00—Commerce
- G06Q30/06—Buying, selling or leasing transactions
-
- G—PHYSICS
- G06—COMPUTING; CALCULATING OR COUNTING
- G06F—ELECTRIC DIGITAL DATA PROCESSING
- G06F2221/00—Indexing scheme relating to security arrangements for protecting computers, components thereof, programs or data against unauthorised activity
- G06F2221/21—Indexing scheme relating to G06F21/00 and subgroups addressing additional information or applications relating to security arrangements for protecting computers, components thereof, programs or data against unauthorised activity
- G06F2221/2141—Access rights, e.g. capability lists, access control lists, access tables, access matrices
Abstract
An electronic rights management and authorization system to account for the dynamic, multi-dimensional, and granular nature of rights. A database structure divides works and rights into two related tables. A works table includes information sufficient to identify works managed by the system, while a rights table identifies a right associated with a work and includes one or more date fields delimiting the right. The rights table may also include type of use information. Additional tables, such as a work relation table, a party table, or an order table, may be provided. Software is used to manage and to query the database structure. The system has broad applicability to intellectual, real, and personal property; contract management; and similar items. The system may be implemented in stand-alone mode, through the client/server model of computing, or over the Internet.
Description
CA 0223~276 1998-04-17 WO 97/37316 PCTrUS97/05~63 AN ELECTRONIC RIGHTS MANAGEMENT AND AUTHORIZATION SYSTEM
FIELD OF THE INVENTION
~; ~he present invention relates to an electronic rights management and authorization system and, in particular, to a system for managing rights and authorizing uses of intellectual property rights, real property interests, contract interests, and similar items.
BACKGROUND OF TIIE INVENTION
Various organizations pdl liCi~dle in the activity of rights management.
Municipalities "lai"lai" title offices in which the ownership of real property is recorded.
Federal and state governments ~~ai.~tain offices for the reyi~llalio" and recording of 15 int~ilecf~ p~upelly rights, including rights in patents, trademarks, copyrights, and mask -w-orks. ~,oilective rignts or~~ani~aiions serve as clearinghouses for licensing various works. Two well-known collective rights oryani, dlic~ns are the American Society of Co,nposers, Authors and Publishers (ASCAP) and Broadcast Music Inco~,uordLed (BMI).
The assignee of the present invention, Copyright Clearance Center, Inc. (CCC), is a 20 third collective rights organization. Several other similar oryar,i,dlions exist, including stock photography agencies and multimedia licensing groups.
A variety of schemes for managing rights have been devised. An early technique, which continues to be used by many, is the use of index cards. Each card represents and ide"liries a unique item or work indexed by the system, such as a tract 2~ of land, a patent, or a pL~I~lic-~ion. I~ru~ lion associated with each item or work may be added to the cards. Thus, for a tract of land, ûne may include the owner; for a patent, the assignee of the patent; and for a p~ ~hliG~Iion, its author. Other information is often acso~;~led with each card.
With the advent of computing, most index card systems have been translated to 30 electronic forrn. Electronic systems capture the i"roll,lalion previously collected on index cards and organize this i~ro~ lion into flat-file or relational d~t~h~ces Flat-file ~;-h~ces consist of one hle, which conldills one record for each unique item or work.
CA 0223~276 1998-04-17 W O 97/37316 PCTrUS97/OSO63 For exampte, prior art systems o,ydl,ice real ~rupe,Ly interests in systems that include one record for each tract of land within a county's boundaries. Other prior art systems for land management inciude one record for each transaction that has occurred within a county's boundaries.
Relational c~ haces contain at least two cl~t~h~se files. For example, literary works are managed in prior ar~ systems that include a first d~t~h~ce file with an entry for each work, linked to a second d~t~h~ce file with author information. To the extent that any author wrote multiple works, the use of the second d~h~se file saves storage space. However, these and other prior art electronic rights "la"agement systems do 10 not offer functional advantages over the index card system other than in the time it takes to perform a search and in the physical storage constraints of the system.In particular, prior art systems fail to address three concems that have become increasingly apparent in the context of digital and multimedia works. First, rights are dynamic. For e~cd,,,,ule, a periodical may be published by a first publisher and later 15 acquired by a second publisher. The second publisher may, for example, permitd~ ~ptiç~ion of malerials from the last twelve months for a base fee plus $1.25 per page, while materials from a prior year are at a lower base fee plus 25¢ per page. The first publisher may retain rights to ",atelials prior to a particular date. An effective rights aull ~o.i~dliG" system should recognize the different publishers as well as thetime-based 20 rate changes inherent in the second p~''isher's pricing. It should also perrnit this i,,ru,,,,dliGn to be altered over time.
Second, rights are often not one dimensional. Several types of use may be permissible for diflerent items or works. Some types of use may also foreclose others, such as a one-time grant of an exclusive right. For published works, rights include the 25 l,d~lilional copyright rights, each of which is infinitely divisible. The r~eproduction right may be licensed at ~irr~r~nL rates for dirrer~:rll customers (e.g., educ~tional, not-for-profit, or cG"""er~ial user rates), for dir~el~t media of use (e.g., paper, CD-ROM, illlldl)el, or Intemet), for ~lirrerel,l volumes of use (e.g., one copy, several copies, or an unlimited number of copies), and for different times (e.g., a particular year). These 30 types of use may further be subject to retained rights (attribution, reversion, "moral" and the like) of the author in certain ju,iad,~.LiGns. An effective rights aull~oli~aliun system should be r~r~l~le of recognizing these types of use and~or resL,icLior,s.
Third, items or works are granular. A journal contains many articles, each of CA 0223~276 l998-04-l7 which may have dirrerenl ownership, use, and pricing parameters. A particular article may have suL,co" ,ponents with different characl~ .lic5, such as embedded pholog~phs, illusl,t,lions, and charts. For example, a potential licensee interested only in a photoy,dph that appears in an article may find that rights to the pholog,dpll are 5 retained by the photographer and are not available, or that rights to the photograph are available independent of, and on different terms than, rights to the entire article. A
granter of rights may also combine various items or works into different packages. A
publisher may price rights to a collection of ten joumals at a rerluced rate. A potential licensee i"ler~sled in the two most-popular joumals may find this pricing option10 attractive, while a poLe,)lial licensee interested in two lesser-known joumals ~already priced at low individual rates) may find this option unattractive. In either case, an effective rights authorization system should be flexible and allow granularities.
These conce",s are not limited to new media works. Similar proble."s arise, for example, in the context of managing real property. The pr~le m of time variability is 15 reflect~d in the illustrative situation where the owner of a parcel of land offers the parcel for lease, with the subsequent lessee then c,rrt:,i"5~ the land for sublet at a first rate for commercial use and at a second rate for non-profit use, both rates esc~l~ti-lg over time.
Type of use and granularity may also be involved. The owner of adjoining beach-front properties may offer an easement to the set. This involves a type of use other than 20 ownership, with a granularity of more than one parcel of land. An effective rights management and autho,i~dLio" system should recognize these cori,F'-x a"~ ements.
SUMMARY OF THE INVENTION
The present invention provides an electronic system for managing and aull ,o,i~i"g rights. Wlth the present invention, clearinghouse functions may be provided, while accounting for the problems of time variability, type of use, and granularity. The pr~senl invention provides for fully automated rights management and authorization.
The data structure of the present invention divides works and rights. A hrst data file conlc.;"s works. Each record in the works table includes inrc""alion suffficient to identify one or more works managed by the system. A second data file conlai.,s rights.
Each record in the rights table is ~csori~ted with one or more works and may include up to three date helds, including a validity date field, an effective date field, and a CA 0223~276 1998-04-17 W O 97137316 PCTrUS97/05063 -pe".,;ssion date field. The function of these date fields is explained in the detailed desc~i~.Lion of the invention. In general, at least one date field is needed to account for the dynamic nature of rights.
To account for different types of use, the rights table may include a type of use 5 field. This field identifies a particuiar right for which aull ~o, i~dLion is given (or withheld).
For example, in a system for copyright clearance, the type of use may be the right to reproduce in the context of a university coursepack. A right to reproduce for commercial purposes may be withheld. This held may further include price information for the type of use, have a sepc,rdle field for such i"rol,..dlion, or be linked to a separate table that provides such information.
To account for granularity, a work I elalio. ~ table may be added to show relationships between works. In a system for copyright clearance, this table could show, for example, that a photograph is embedded in an article, that a particular short story is printed in three dirft:rt:nt anthologies, or that a publisher offers a license to a l~o"eçtion of joumals organized as a workset. The fields in this table and its func~ional;ly are explained in the d ' '2d des~ liol) of the invention.
Many other e"l.ancements may be added. ~:)ne such enhancement is the inclusion of a party table to provide det~iled data about parties in the system. While parties will generally include all rights holders, parties may include any other individual, group, or organi~dLion with a l~:ldlionshi,u to the rights and autho,i~alions managed b the system. This information may be used for client management, billing and payment, and aggregation functions. A second enhancer"ent is the inclusion of an order table to provide a dynamic log of right authorizations and denials. Those of ordi"ary skill in the art will conceive of other enhancements to the system herein described.
A rights management and aul hGI i~ iOI I systems accor-li, .9 to the present invention combines this data structure with one or more software pr~y.ams or tools for controlling and querying the data structure. Software is provided on the management side for pe,ru"..i.,g work and right maintenance, such as adding, deleting, and editing entries. SoftNare is also provided on the a~lll ,o, i~dliol, side for querying the d~h~ce to 30 determine, for example, whether or not to authorize a particular use posed by a ~otenlial licensee.
A system according to the present invention may permit rightsholders themselves to add, delete, and edit rights through direct access to the rights management side of CA 0223~276 l998-04-l7 W O 97/37316 PCTrUS97/05063 the system. A system according to the present invention may additionally or altematively permit potential licensees to obtain ~or be denied) authorizations through direct access to the rights authorization side of the system. Thus, unlike prior art systems, the present invention enables automated riQhts management and 5 autho,i~aliol1. This system may be provided over a proprietary net~"vork, the Intemet, or other suitable means.
DESCRIPTION OF THE FIGURES
The foregoing advantages of the present invention are apparent from the following clet~i~ed description of the invention with reference to the drawings, in which:
FIG. 1 shows an illustrative computer system to which the present invention applies;
FIG. 2 shows a block diagram of the components of a computer system to which 15 the present invention applies;
FIG. 3 shows a diagram of a first embodiment of a data stnJcture contemplated by the present invention;
FIG. 4 shows a diagram of a second embodiment of a data structure contemplated by the present invention;
FIG. 5 shows an illustrative user interface for pe,f.. l,l,i"g work management functions;
FIG. 6 shows an iliustrative user interface for performing right management functions; and FIG. 7 shows an illustrative user interface for pei rur" li~ an authorization inquiry.
DETAILED DESCRIPTION OF THE INVENTION
1. Computer System FIG. 1 shows an illustrative computer system 100 to which the present invention 30 aF~lies Computer system 100 cGnlains data storage devices, a central processing unit, a power source, and connections for extemal devices. Extemal devices typically connected to computer system 100 include one or more output devices, such as video ",onitor 102, and one or more input devices. such as keyboard 104 and pointing device CA 0223~276 1998-04-17 106. Computer system 100 may be any of several commercially available computer systems available from Apple, Compaq, ~igital, Hewlett Packard, IBM and others. A
successful prototype of the system has been developed using Digital Equipment Corporation's Alpha 2100 system, but initial commercial implementation of the system is 5 antiriratRd to be on DEC's Alpha 8200 system. Those of ordinary skill in the art may select and implement the present invention on other computer systems.
FIG. 2 shows a block diagram of the components of a computer system to which the present invention applies. Central processing unit 200 contains one or more m;~.~uprucessors for executing the computer software pruytdr"s necess~ry to implement 10 the present invention. Central processing unit 200 is typically connected to primary storage 202 and system bus 204. Primary storage 202 is typicaliy volatile storage, such as RAM. The programs and data for implementing the present invention are stored on a temporary basis in primary storage 202 during execution. Typically, only a portion o~
the programs and data fit in primary storage 202 at any particular time. Cache memory may also be included with central processing unit 200 or primary storage 202 to speed program Pxec~ltion.
System bus 204 connects the co""~o"ents of the computer system, and may be based on an open architecture, such as Peripheral Component Inler~onnect ~PCI), or on a plUpli~ldly design. Several devices are connected to system bus 206. Secondarystorage 206 is typically nonvolatile storage, such as an optical or magnetic disk drive.
The pruy, d" ,s and data for implementing the p, ~se"l invention are stored on apermanent basis in secondary storage 206. Input device 208 may include keyboard 104 or pointing device 106, and output device 210 may include video monitor 102. In some computer systems, input device 208 and output device 210 are connected directly to central processing unit 200, rather than through system bus 204.
While the computer system may be limited to the previous elements, the dddilion of network inle,rdce 212 and client 214 adds flexibility to the system and enables operdlion under the clienVserver model of computing. Network il llt:l race 212 may be a local-area or wide-area network card, a modem, a gateway to the Intemet or an Internet service provider, or a similar interface. Client 214 may be a computer system similar to the one used to implement the present invention, or more typically, a low-cost personal computer of the type used in homes or offices.
CA 0223~276 1998-04-17 W O 97/37316 PCT~US97/05063 2~ First Illustrative Data Structure FIG. 3 shows a dia~~,dl" of a hrst embodiment of a data structure conLt:",plaledby the present invention. This data structure may be used, for example, in a system for clearing rights to photographs. In this embodiment, it is assumed that all of the works 5 are photographs and that the only right available for autho~ Lion is the right to duplicat~. It is further assumed that some rights are held by photographers, while some rights are held by others. This embodi",enl of the invention could be used over a network service to offer and obtain rights to photographic images.
Works table 300 contains inro~ aLion about the works managed in the system.
10 Here, these works are photographs. I,,ru,,,,alion about each photograph is contained in one record in works table 300, where each record includes work_i"slance field 302, work_title field 304, and work_author field 306. Work_instance held 302 contains an identiher for a phoLoçJ~a~h. This identiher may be software generated or based on a standard classi~icaLion scheme like the ISBN numbering scheme for written works. The 1 ~ identiher is generally numeric, but may also be symbolic or alphanumeric. Each identiher should be unique, so as to distinguish similarly titled and authored works.
Work_title held 304 is an alphanumeric held that contains the title of the photograph.
Work_author held 306 contains a reference or link to a party_i"~lance field 320 of party table 318. This link identifies the works photographer. In aiternative embodiments, 20 work_author held 306 may contain the name of the author if complete party inrùr,,,alion does not need to be maintained. This may arise, for example, with regard to works now in the public domain. For efficiency, works table 300 may be indexed or keyed onwork_instance held 302 and other helds. In addition, works table 300 may include other helds, such as a held cGnL~i"i"~ a bit-map or similarly-coded image of the photog,~ph 2~ that may be viewed through an on-line service. Table 1 shows an illustrative works table co,,Lc.;,,;,,g two photographs titled, "Early Sunrise," and two other photographs.
~Vork_Instance Work_Title Work_Author ~V_1 Early Sunrise P_1 ~\1_2 Fall Foliage P_3 CA 0223~276 l998-04-l7 W O 97/37316 PCTnUS97/05063 W_3 Spring Flowers P_1 W_4 Early Sunrise P_2 Rights table 308 colllains information about the rights managed in the system.
5 In this example, the only managed right is a d~ lic~lio" right, so this type of use is assumed (rather than specified in a separate field). Information about each right is contained in one record in rights table 308, where each record includes right_instance field 310, right_holder field 312, related_work field 314, and validity_date field 316.
Right_instance field 310 contains an identifier for a right. This identifier will generally be 10 assigned by the software and will generally be numeric. It is possible, though, to have other assignment protocols and to have symbolic or alphanumeric identifiers. Each identifier should be unique, so as to distinguish each right. Right_holder field ~12 contains a reference or link to a party_instance field 320 in par~ table 318. This link identifies the right holder. Here, the right holder may be a photographer or some other party. Related_work field 314 contains a reference or link to a work_instance field 302 in works table 300. This link identifies the work to which the right pertains.
Validity_date field 316 is a date field (or fields) setting forth the time period in which authorization is given to grant the right. For efficiency, rights table 308 may be indexed or keyed on right_instance field 310 and other fields. In addition, rights table 300 may 20 include other fields, including those disc~lssed in the second embodiment of this invention. Table 2 shows an illustrative rights table for the works shown in Table 1.
Right_ Right_ Related_ Validity_ Instance Holder Work Date R_1 P_1 W_1 1996-98 R_2 P_3 W_2 1996-99 R_3 P_1 W_3 1996-98 R_4 P_2 W_4 1996-99 R_5 P_4 W_1 1996-97 CA 0223~276 l998-04-l7 R_6 ¦ P_4 ¦ W_4 ¦ 1996-97 In Table 2, six rights are available. These rights include duplication rights from the photoy,dphers for the four works managed in the system. These rights are recorded in the records identified as R_1 through ~_4. Two other rights are available.
Record R_5 is for the first photograph titled, "Early Sunrise," and record R_6 is associated with the other photograph with this same name. Rights to both of these photographs are available from another right holder, identified as P_4. As shown later in Table 3, this right holder is Jones' Gallery, which acquired authorization rights to these photographs for 1996-97 in connection with an exhibition of "Early Sunrise"
photographs.
Party table 318 contains information about the parties associated with the system. In altemative embodiments, the il,ro""alion in party table 318 may be stored directly in works table 300 and rights table 308. A separate table is used to conserve 15 storage space where multiple records are ~csori~l*d with the same party. Information about each party is contained in one record in party table 318, where each record includes party_instance field 320, party_name 322, and party_address 324.
Party_insldnce field 320 contains an identifier for a party. This idenlir,er will generally be assigned by the software and will generally be numeric. It is possible, though, to 20 have other assiy"ment ~rc~locols and to have symbolic or alphanumeric identifiers.
Each identifier should be unique, so as to distinguish each party. Party_name field 322 is an alphanumeric field that conldi,1s the party s name. Party_address field 324 is an alphanumeric field that contains the party's address. Party table 318 may include other fields pertinent to the parties. For efficiency, party table 318 may be indexed or keyed 25 on party_in:,ldnce field 320 and other fields. Table 3 shows an illustrative party table for the parties associated with Tables 1 and 2.
Party_lnstance Party_Name Party_Address P_1 Lopez, David Winter Street Anytown, USA 10000 CA 0223~276 1998-04-17 W O 97t37316 PCTrUS97/05063 P_2 Connor, Julie Spring Street Anytown, USA 10000 P_3 Gregory, Eileen Fall Drive Anytown, USA 10000 P_4 Jones' Gallery Commerce Park Anytown, USA 10001 5 3. Second Illustrative Data Structure FIG. 4 shows a diagram of a second embodiment of a data structure contemplated by the present invention. This data structure may be used in a system for clearing rights to any type of work. These works may include anything subject tocopyright or any similar right. A non-exclusive list of works includes written works, such as books, periodicals and their cG~I~ponent parts; visual works, such as photographs and sculpture; audio works, such as music; audiovisual works, such as movies; and computer works, such as software programs and cl~t~h~se cor.,~ ns. This data structure may also be adapted for use with other types of interests, such as those in patents, trademarks, trade secrets, mask works, real property, personal property, cGnll~ , or any other item that may be subject to conveyance, license, sale, or similar transaction.
The second embodiment of the data structure includes elements from the first embodiment of the data structure. Works table 400 and its work_instance field 4Q2, work_title field 404 and work_author field 406 are similar in content and function to works table 300 and its three constituent fields. Works table 400, though, will typically include a larger variety of works. Party_table 428 and its party_instance field 430, party_name field 432 and party_address field 434 are similar in conlenl and function to party table 318 and its constituent fields. Party table 400, though, will typically include a more diverse set of parties.
The second embodiment of the data structure includes several elements not found in the first embodiment of the data structure. While rights table 408 and its right_instance field 410, right_holder field 412, related_work held 414, and validity_date field 422 have similar content and serve a similar function as rights table 308 and its similarly-named helds, there are several new fields in rights table 408.
CA 0223~276 1998-04-17 W O 97/37316 PCT~USg7/05063 Type of use field 416 sets forth the type of use ~ssoci~ted with the right. Thisfield may be numeric or alphanumeric, linked to a separate table, or defined in some other way. This field captures, for example, the fact that a right concems different customers (e.g., edur~tional, not-for-profit, or commerclal users), different media of use (e.g., paper, CD-ROM, intranet, or Internet~, and different volumes of use (e.g., one copy, several copies, or an unlimited number of copies). Right_fee field 418 sets forth the fee ~sso~i~led with the right and type of use. This field may be a numeric field, contain a formula, or be defined in some other way. Right_grant field 420 is a boolean field that records whether or not a right may be granted. This field is used in response 10 to inquiries for rights previously denied, to indicate that a denial is firm and not merely a new inquiry. This field is also used for archival purposes, to substar,lidle switches over time between authorization and denial for essentially identical rights.
In the second embodiment of the invention, two date fields in addition to validity_date field 422 are inctuded in rights table 408. Effective_date field 424 is a date 15 field (or fields) setting forth the time period for which a right is effective. The effective date may differ from the validity date. For e~a"~,lE, a right may be effective as to material published in a pe,iodical from 1985 through 1990, although this right is only valid to grant during 1995. A third date field, permission_date field 426, is a date field (or fields) setting forth the time period in which a poler,lial licensee may exercise a right.
20 In the above example, the rights holder may permit a license to be granted during 1995 for the 1985-90 material, which license may be exercised during the three year period from 1995 through 1997. The validity date is 1995; the effective date is 1985-90; and the pe~ " .ission date is 1995-97.
Table 4 shows a portion of a rights table for an illustrative authorization scheme.
25 A right holder (record P_5 in party table 430) has a two year contract, entered January 1,1996, with an orga"i~er of a rights management and authorization system. Under the cGIllld-,L, the or~ani,er may grant three year licenses to make paper photocop cc (clesig"dLed as "R") of right holder's magazine (record W_9 in works table 40Q). During the first year of the contract, rights are offered at a base fee (designated as "B") of 30 $1.00 plus a per page copy fee (designated as "P") of 5~ per page. During the second year of the contract, rights are offered at a base fee of $1.10 plus 6~ per page. If rights are obldil ,ed during the first year, the price is locked in at the first-year rate.
Commercial entities (designated as "Com") are charged twice the fee of educational CA 0223~276 1998-04-17 W O 97/37316 PCT~US97/OSO63 entities (designated as "Ed").
Right_ Right_ Related_ Type_ Ri~ht_ Right_ Validit~/_ E~Fec~ve_ P~. ", n_ Instance Holder Work of_Use Fee Grant Date Date Date R_10 P_5 W_9 REd B100P005 Yes 1996 All 1996-98 R_11 P_5 W_9 REd B110P006 Yes 1997 All 1997-99 R_12 P_5 W_9 RCom E~200P010 Yes 1996 All 1996-98 R_13 P_5 W_9 RCom B220P012 Yes 1997 All 1997-99 The second embodiment of the data structure adds work relation table 436.
Work relation table 436 accounts for granularity, where each record in the table includes parent_work_instance 438 and child~ ork_instance 440. Each of these fields contains a .~rerel1ce or link to a works_instance field 402 in works table 400. For efficiency, work relation table 43~; may be indexed or keyed on either or both fields. In altemative 15 embodiments, the data contained in work n:ldlion table 436 may be included directly in works_table 400.
Table 5 shows a works table, Table 6 shows a work relation table, and Table 7 shows an abridged rights table, which collectively illustrate the concept of granularity.
The work titled, "The Golden Parakeet," is a ch '~ n's story that is published on its own 20 and contained in an anthology titled, "The Best Bedtime Stories of 1994." The story also includes an illusL, alion titled, "The Wlnding River," by an artist other than the author of the story. The works table includes a second arll,~logy of stories titled, "The Best Bedtime Stories of 1995." The publisher of the two anthologies offers a blanket license to the works, designated as "Bedtime Stories Work Set." As shown in Table 7, the only 25 right available to the works in Table 5 is a right to reprint "The Bedtime Stories Work Set" on a per page fee.
Work_lnstance Work_Title Work_Author W_20 The Golden Parakeet P_10 W_21 The Wlnding River P_11 CA 0223~276 1998-04-17 W O 97/37316 PCT~US97/05063 W_22 The Best Bedtime Stories of 1994 P_12 W_23 The Best Bedtime Stories of 1995 P_12 W_24 Bedtime Stories Work Set P_12 Parent_Work_I nstance Child_Work_i nstance W_20 W_21 W_22 W_20 W_24 W_22 W_24 W_23 Right_Instance Right_Holder Related_Work R_30 P_12 W_24 1~
If a potential licensee seeks a right to reprint the illustration, "The Winding River," the following steps may be executed in authorization software. The work "The Wlnding River" is identified as record W_21 in Table 5. A search of the related_work field in Table 7 for W_21 finds no available rights. The software then moves up one 20 level, to determine whether W_21 is contained in another work to which rights are available. A search of the child_work_ instance field in Table 6 for W_21 finds that it is contained in W_20, the short story. A second search in Table 7 for W_20 again finds no available rights. Moving up another level, a search of Table 6 for W_20 finds that it is contained in W_22, the first al,Lhola~y. A third search in Table 7 for W_22 again 2~ finds no available rights. Moving up another level, a search of Table 6 for W_22 finds that it is contained in W_24, the work set. A fourth search of Table 7 for W_24 hnds that F~_30 provide the necess~ry rights. Of course, depending on the rights inquiry, the search process may work in the ol~posile direction or through alternative but equivalent steps.
CA 0223~276 1998-04-17 W O97/37316 PCTnUS97/05063 The second embodiment of the data structure includes order table 442. This tabie provides a dynamic iog of right autho,i~dlions and deniats, where each record inciudes several fields. Order_instance field 444 contains an identifier for an order.
This identifier may be soft~,vare generated or iinked to a paper refer~l ~ce like a purchase 5 order number. Vvhile the identifier may be numeric, symbolic, or alphanumeric, each identifier should be unictue. Order_by field 446 contains a reference or link to a party_instance field 430 of party table 428. This link identifies the party placing the order. Order_date field 448 is a date field for recording the date of the order.Order_right field 448 contains a reference or link to a right_instance field 410 of rights table 408. This link identifies the right ordered. Order_status field 452 may be used to track the status of an order. For efficiency, order table 442 may be indexed or keyed on order_instance field 444 and other fields. Typically, order table 442 will include other fields and structures to accommodate more complex transactions, such as multiplerights under a single purchase order.
4. Computer Sc~ are ~ y~ s The data structure from above is combined with one or more soft~,vare programs or tools for cor,ll.'1ing and querying the data structure. Software is provided on the management side for performing wortc and right maintenance, such as adding, deleting, and editing entries. Software is also provided on the authorization side for querying the d~ hase to determine, for example, whether or not to authorize a particular use posed by a potential licensee. The computer software programs for collLlulling and querying the data stnucture may or may not be on the same physical data storage space as the data stnucture, and often will not be.
On the server side of the system for rights management, favoraple results have been achieved with a prototype system based on Oracle Version 7.1.3 d~t~h~se s~r'.~ running under Open VMS on a DEC Alpha 2100. An initial commercial system is contel"plcll~d in which Oracle 7.2 is used on a DEC Alpha 8200. On the client side of the system for rights aull1o,i~dlion, favorable results have been achieved using personal computers with Intel l",cro,crucessors and Microsoft operating systems running object-oriented ap~licdlions built under PowerBuilder Version 4Ø Those of ordinary slcill in the art may select and imptement the present invention on other computer systems, and could quickly and easily construct a single-user model from a d~ h~se , CA 0223~276 l998-04-l7 W 097/37316 PCTrUS97/OS063 system such as Access, dBase, FoxPro, or Quattro. It is contemplated that clients may connect to the server side of the system through Internet connections or some other type of on-line link, and communicate with the system through, for exa"lple, TCP/IP
and/or DCE protocols, or their equivalent.
FIG. 5 shows an illustrative user interface 500 on the management side for pe, r ~ 9 work maintenance functions. User interface 500 includes a view of a constructive index card 502 on which i-lro-ll,dlion stored or ~soci~ted with a record in the works table is recorded. Here, card 502 includes title field 504, author name field 506, and author address field 508. These fields store or control the data suggested by their names. Card 502 further includes continue button 510 for alerting the system that operations on a card have been cG",pleled. Typically, illlelrdce 500 would include drop down menus for, among other things, entering modes to find, add, delete, and edit records.
FIG. 6 shows an illustrative user i~le,rdce 600 on the management side for pel rul I l lill9 right management functions. User interface 600 includes a view of a constructive index card 602 on which il~ru~ dLiGn stored or ~csoria~3d with a record in the rights table is recorded. Here, card 602 includes related work field 604, right holder field 606, type of use field 608, grant field 610, fee formula field 612, validity date field 614, effective date field 616, and pe",-ission date field 618. These fields store or control the data suggested by their names. Card 602 further includes continue button 610 ~or alerting the system that operations on a card have been comFletqd. Typically, inteRace 600 would include drop down menus for, among other things, entering modes to find, add, delete, and edit records.
FIG. 7 shows an illustrative user interface 700 on the aull,o.i~dlion side for performing a- ll.oli~alion inquiries. User interface 700 includes a view of a constructive index card 702 to specify a particular right for which authori~dLiGI, is sought. Here, a po~nlial licensee must identify himself, herself, or itself in customer field 704, specify a particular worl< for which aull,o-i~dliol1 is sought in title field 706 and author field 708, and specify a type and volume of use, respectively, in type of use field 710 and number - 30 of copies field 712. After this information has been provided, a search may be performed upon activation of continue button 714. This search would dele", lil le - whether or not aulhG, i~dLio n may be given, which information typically would be reporte to the polt r,lial licensee along with price i,.ru",lalion and an order option. An illustrative CA 0223~276 1998-04-17 W O 97/37316 PCTrUS97/05063 search sequence is provided with the example given with Tables 5, 6, and 7, but those of ordi-~a~y skill in the art will devise other search sequences. A more sophisticated interface on the authorization side may change dynamically to require more or less i,.ru...,aliGn based on a potential licensee's input.
5. Other Embodiments Although the invention has been shown and described in terms of two illustrativedata structures and three user i,lLelrdces, those of o,dillaly skill in the art will realize that other data structures and iIlLe~rdces may be constructed within the meaning of the 10 present invention. Altemative data structures may be designed around rights similar to those considered in the two illustrative data structures, or for different rights. For example, in a patent, trademark, trade secret, jor mask work licensing system, the equivalent of a works table may be used to record patents, trademarks, trade secrets, mask works, and related sets, while a rights table may store license, assignmentl field 15 of use, geoy,dphical scope, and similar rights and li..,ildlions for these items. In a real property management and autho.i~alion system, the equivalent of a worlcs table may be used to record parcels of land, while a rights table may store interests in these parcels, such as leaseholds, mineral rights"i,ua~ian rights, air rights, easements, and other real property rights. In a general system for ccjnl-d~,l management and aL.lho~i~dlion, the 20 equivalent of a works table may be used to record each contract or related set of co..l.dcb, while a rights table may store individual interests, rights, licenses, and sublicenses under the cohl.d.;L~. Those of ordinary skill in the art will also apply the Leach .gs of the present invention to different data types, including cl~l~h:~ce files, linked lists, multi-dimensional arrays, and other forms of data orga~ dl.ûn. Based on the 25 software and system used, the ~peciric rights management and autholi~dlion problem addressed, and design ch~i~es made by the programmer, alternative user i"l~.races will also be used. The key feature of the present invention is that a first data structure records the item or work, while a separale data stnucture records rights that are available in or to the items and works. Vvithin this constraint, several embodiments of 30 the invention may be constructed without departing from the spirit of the invention as c~aimed below.
FIELD OF THE INVENTION
~; ~he present invention relates to an electronic rights management and authorization system and, in particular, to a system for managing rights and authorizing uses of intellectual property rights, real property interests, contract interests, and similar items.
BACKGROUND OF TIIE INVENTION
Various organizations pdl liCi~dle in the activity of rights management.
Municipalities "lai"lai" title offices in which the ownership of real property is recorded.
Federal and state governments ~~ai.~tain offices for the reyi~llalio" and recording of 15 int~ilecf~ p~upelly rights, including rights in patents, trademarks, copyrights, and mask -w-orks. ~,oilective rignts or~~ani~aiions serve as clearinghouses for licensing various works. Two well-known collective rights oryani, dlic~ns are the American Society of Co,nposers, Authors and Publishers (ASCAP) and Broadcast Music Inco~,uordLed (BMI).
The assignee of the present invention, Copyright Clearance Center, Inc. (CCC), is a 20 third collective rights organization. Several other similar oryar,i,dlions exist, including stock photography agencies and multimedia licensing groups.
A variety of schemes for managing rights have been devised. An early technique, which continues to be used by many, is the use of index cards. Each card represents and ide"liries a unique item or work indexed by the system, such as a tract 2~ of land, a patent, or a pL~I~lic-~ion. I~ru~ lion associated with each item or work may be added to the cards. Thus, for a tract of land, ûne may include the owner; for a patent, the assignee of the patent; and for a p~ ~hliG~Iion, its author. Other information is often acso~;~led with each card.
With the advent of computing, most index card systems have been translated to 30 electronic forrn. Electronic systems capture the i"roll,lalion previously collected on index cards and organize this i~ro~ lion into flat-file or relational d~t~h~ces Flat-file ~;-h~ces consist of one hle, which conldills one record for each unique item or work.
CA 0223~276 1998-04-17 W O 97/37316 PCTrUS97/OSO63 For exampte, prior art systems o,ydl,ice real ~rupe,Ly interests in systems that include one record for each tract of land within a county's boundaries. Other prior art systems for land management inciude one record for each transaction that has occurred within a county's boundaries.
Relational c~ haces contain at least two cl~t~h~se files. For example, literary works are managed in prior ar~ systems that include a first d~t~h~ce file with an entry for each work, linked to a second d~t~h~ce file with author information. To the extent that any author wrote multiple works, the use of the second d~h~se file saves storage space. However, these and other prior art electronic rights "la"agement systems do 10 not offer functional advantages over the index card system other than in the time it takes to perform a search and in the physical storage constraints of the system.In particular, prior art systems fail to address three concems that have become increasingly apparent in the context of digital and multimedia works. First, rights are dynamic. For e~cd,,,,ule, a periodical may be published by a first publisher and later 15 acquired by a second publisher. The second publisher may, for example, permitd~ ~ptiç~ion of malerials from the last twelve months for a base fee plus $1.25 per page, while materials from a prior year are at a lower base fee plus 25¢ per page. The first publisher may retain rights to ",atelials prior to a particular date. An effective rights aull ~o.i~dliG" system should recognize the different publishers as well as thetime-based 20 rate changes inherent in the second p~''isher's pricing. It should also perrnit this i,,ru,,,,dliGn to be altered over time.
Second, rights are often not one dimensional. Several types of use may be permissible for diflerent items or works. Some types of use may also foreclose others, such as a one-time grant of an exclusive right. For published works, rights include the 25 l,d~lilional copyright rights, each of which is infinitely divisible. The r~eproduction right may be licensed at ~irr~r~nL rates for dirrer~:rll customers (e.g., educ~tional, not-for-profit, or cG"""er~ial user rates), for dir~el~t media of use (e.g., paper, CD-ROM, illlldl)el, or Intemet), for ~lirrerel,l volumes of use (e.g., one copy, several copies, or an unlimited number of copies), and for different times (e.g., a particular year). These 30 types of use may further be subject to retained rights (attribution, reversion, "moral" and the like) of the author in certain ju,iad,~.LiGns. An effective rights aull~oli~aliun system should be r~r~l~le of recognizing these types of use and~or resL,icLior,s.
Third, items or works are granular. A journal contains many articles, each of CA 0223~276 l998-04-l7 which may have dirrerenl ownership, use, and pricing parameters. A particular article may have suL,co" ,ponents with different characl~ .lic5, such as embedded pholog~phs, illusl,t,lions, and charts. For example, a potential licensee interested only in a photoy,dph that appears in an article may find that rights to the pholog,dpll are 5 retained by the photographer and are not available, or that rights to the photograph are available independent of, and on different terms than, rights to the entire article. A
granter of rights may also combine various items or works into different packages. A
publisher may price rights to a collection of ten joumals at a rerluced rate. A potential licensee i"ler~sled in the two most-popular joumals may find this pricing option10 attractive, while a poLe,)lial licensee interested in two lesser-known joumals ~already priced at low individual rates) may find this option unattractive. In either case, an effective rights authorization system should be flexible and allow granularities.
These conce",s are not limited to new media works. Similar proble."s arise, for example, in the context of managing real property. The pr~le m of time variability is 15 reflect~d in the illustrative situation where the owner of a parcel of land offers the parcel for lease, with the subsequent lessee then c,rrt:,i"5~ the land for sublet at a first rate for commercial use and at a second rate for non-profit use, both rates esc~l~ti-lg over time.
Type of use and granularity may also be involved. The owner of adjoining beach-front properties may offer an easement to the set. This involves a type of use other than 20 ownership, with a granularity of more than one parcel of land. An effective rights management and autho,i~dLio" system should recognize these cori,F'-x a"~ ements.
SUMMARY OF THE INVENTION
The present invention provides an electronic system for managing and aull ,o,i~i"g rights. Wlth the present invention, clearinghouse functions may be provided, while accounting for the problems of time variability, type of use, and granularity. The pr~senl invention provides for fully automated rights management and authorization.
The data structure of the present invention divides works and rights. A hrst data file conlc.;"s works. Each record in the works table includes inrc""alion suffficient to identify one or more works managed by the system. A second data file conlai.,s rights.
Each record in the rights table is ~csori~ted with one or more works and may include up to three date helds, including a validity date field, an effective date field, and a CA 0223~276 1998-04-17 W O 97137316 PCTrUS97/05063 -pe".,;ssion date field. The function of these date fields is explained in the detailed desc~i~.Lion of the invention. In general, at least one date field is needed to account for the dynamic nature of rights.
To account for different types of use, the rights table may include a type of use 5 field. This field identifies a particuiar right for which aull ~o, i~dLion is given (or withheld).
For example, in a system for copyright clearance, the type of use may be the right to reproduce in the context of a university coursepack. A right to reproduce for commercial purposes may be withheld. This held may further include price information for the type of use, have a sepc,rdle field for such i"rol,..dlion, or be linked to a separate table that provides such information.
To account for granularity, a work I elalio. ~ table may be added to show relationships between works. In a system for copyright clearance, this table could show, for example, that a photograph is embedded in an article, that a particular short story is printed in three dirft:rt:nt anthologies, or that a publisher offers a license to a l~o"eçtion of joumals organized as a workset. The fields in this table and its func~ional;ly are explained in the d ' '2d des~ liol) of the invention.
Many other e"l.ancements may be added. ~:)ne such enhancement is the inclusion of a party table to provide det~iled data about parties in the system. While parties will generally include all rights holders, parties may include any other individual, group, or organi~dLion with a l~:ldlionshi,u to the rights and autho,i~alions managed b the system. This information may be used for client management, billing and payment, and aggregation functions. A second enhancer"ent is the inclusion of an order table to provide a dynamic log of right authorizations and denials. Those of ordi"ary skill in the art will conceive of other enhancements to the system herein described.
A rights management and aul hGI i~ iOI I systems accor-li, .9 to the present invention combines this data structure with one or more software pr~y.ams or tools for controlling and querying the data structure. Software is provided on the management side for pe,ru"..i.,g work and right maintenance, such as adding, deleting, and editing entries. SoftNare is also provided on the a~lll ,o, i~dliol, side for querying the d~h~ce to 30 determine, for example, whether or not to authorize a particular use posed by a ~otenlial licensee.
A system according to the present invention may permit rightsholders themselves to add, delete, and edit rights through direct access to the rights management side of CA 0223~276 l998-04-l7 W O 97/37316 PCTrUS97/05063 the system. A system according to the present invention may additionally or altematively permit potential licensees to obtain ~or be denied) authorizations through direct access to the rights authorization side of the system. Thus, unlike prior art systems, the present invention enables automated riQhts management and 5 autho,i~aliol1. This system may be provided over a proprietary net~"vork, the Intemet, or other suitable means.
DESCRIPTION OF THE FIGURES
The foregoing advantages of the present invention are apparent from the following clet~i~ed description of the invention with reference to the drawings, in which:
FIG. 1 shows an illustrative computer system to which the present invention applies;
FIG. 2 shows a block diagram of the components of a computer system to which 15 the present invention applies;
FIG. 3 shows a diagram of a first embodiment of a data stnJcture contemplated by the present invention;
FIG. 4 shows a diagram of a second embodiment of a data structure contemplated by the present invention;
FIG. 5 shows an illustrative user interface for pe,f.. l,l,i"g work management functions;
FIG. 6 shows an iliustrative user interface for performing right management functions; and FIG. 7 shows an illustrative user interface for pei rur" li~ an authorization inquiry.
DETAILED DESCRIPTION OF THE INVENTION
1. Computer System FIG. 1 shows an illustrative computer system 100 to which the present invention 30 aF~lies Computer system 100 cGnlains data storage devices, a central processing unit, a power source, and connections for extemal devices. Extemal devices typically connected to computer system 100 include one or more output devices, such as video ",onitor 102, and one or more input devices. such as keyboard 104 and pointing device CA 0223~276 1998-04-17 106. Computer system 100 may be any of several commercially available computer systems available from Apple, Compaq, ~igital, Hewlett Packard, IBM and others. A
successful prototype of the system has been developed using Digital Equipment Corporation's Alpha 2100 system, but initial commercial implementation of the system is 5 antiriratRd to be on DEC's Alpha 8200 system. Those of ordinary skill in the art may select and implement the present invention on other computer systems.
FIG. 2 shows a block diagram of the components of a computer system to which the present invention applies. Central processing unit 200 contains one or more m;~.~uprucessors for executing the computer software pruytdr"s necess~ry to implement 10 the present invention. Central processing unit 200 is typically connected to primary storage 202 and system bus 204. Primary storage 202 is typicaliy volatile storage, such as RAM. The programs and data for implementing the present invention are stored on a temporary basis in primary storage 202 during execution. Typically, only a portion o~
the programs and data fit in primary storage 202 at any particular time. Cache memory may also be included with central processing unit 200 or primary storage 202 to speed program Pxec~ltion.
System bus 204 connects the co""~o"ents of the computer system, and may be based on an open architecture, such as Peripheral Component Inler~onnect ~PCI), or on a plUpli~ldly design. Several devices are connected to system bus 206. Secondarystorage 206 is typically nonvolatile storage, such as an optical or magnetic disk drive.
The pruy, d" ,s and data for implementing the p, ~se"l invention are stored on apermanent basis in secondary storage 206. Input device 208 may include keyboard 104 or pointing device 106, and output device 210 may include video monitor 102. In some computer systems, input device 208 and output device 210 are connected directly to central processing unit 200, rather than through system bus 204.
While the computer system may be limited to the previous elements, the dddilion of network inle,rdce 212 and client 214 adds flexibility to the system and enables operdlion under the clienVserver model of computing. Network il llt:l race 212 may be a local-area or wide-area network card, a modem, a gateway to the Intemet or an Internet service provider, or a similar interface. Client 214 may be a computer system similar to the one used to implement the present invention, or more typically, a low-cost personal computer of the type used in homes or offices.
CA 0223~276 1998-04-17 W O 97/37316 PCT~US97/05063 2~ First Illustrative Data Structure FIG. 3 shows a dia~~,dl" of a hrst embodiment of a data structure conLt:",plaledby the present invention. This data structure may be used, for example, in a system for clearing rights to photographs. In this embodiment, it is assumed that all of the works 5 are photographs and that the only right available for autho~ Lion is the right to duplicat~. It is further assumed that some rights are held by photographers, while some rights are held by others. This embodi",enl of the invention could be used over a network service to offer and obtain rights to photographic images.
Works table 300 contains inro~ aLion about the works managed in the system.
10 Here, these works are photographs. I,,ru,,,,alion about each photograph is contained in one record in works table 300, where each record includes work_i"slance field 302, work_title field 304, and work_author field 306. Work_instance held 302 contains an identiher for a phoLoçJ~a~h. This identiher may be software generated or based on a standard classi~icaLion scheme like the ISBN numbering scheme for written works. The 1 ~ identiher is generally numeric, but may also be symbolic or alphanumeric. Each identiher should be unique, so as to distinguish similarly titled and authored works.
Work_title held 304 is an alphanumeric held that contains the title of the photograph.
Work_author held 306 contains a reference or link to a party_i"~lance field 320 of party table 318. This link identifies the works photographer. In aiternative embodiments, 20 work_author held 306 may contain the name of the author if complete party inrùr,,,alion does not need to be maintained. This may arise, for example, with regard to works now in the public domain. For efficiency, works table 300 may be indexed or keyed onwork_instance held 302 and other helds. In addition, works table 300 may include other helds, such as a held cGnL~i"i"~ a bit-map or similarly-coded image of the photog,~ph 2~ that may be viewed through an on-line service. Table 1 shows an illustrative works table co,,Lc.;,,;,,g two photographs titled, "Early Sunrise," and two other photographs.
~Vork_Instance Work_Title Work_Author ~V_1 Early Sunrise P_1 ~\1_2 Fall Foliage P_3 CA 0223~276 l998-04-l7 W O 97/37316 PCTnUS97/05063 W_3 Spring Flowers P_1 W_4 Early Sunrise P_2 Rights table 308 colllains information about the rights managed in the system.
5 In this example, the only managed right is a d~ lic~lio" right, so this type of use is assumed (rather than specified in a separate field). Information about each right is contained in one record in rights table 308, where each record includes right_instance field 310, right_holder field 312, related_work field 314, and validity_date field 316.
Right_instance field 310 contains an identifier for a right. This identifier will generally be 10 assigned by the software and will generally be numeric. It is possible, though, to have other assignment protocols and to have symbolic or alphanumeric identifiers. Each identifier should be unique, so as to distinguish each right. Right_holder field ~12 contains a reference or link to a party_instance field 320 in par~ table 318. This link identifies the right holder. Here, the right holder may be a photographer or some other party. Related_work field 314 contains a reference or link to a work_instance field 302 in works table 300. This link identifies the work to which the right pertains.
Validity_date field 316 is a date field (or fields) setting forth the time period in which authorization is given to grant the right. For efficiency, rights table 308 may be indexed or keyed on right_instance field 310 and other fields. In addition, rights table 300 may 20 include other fields, including those disc~lssed in the second embodiment of this invention. Table 2 shows an illustrative rights table for the works shown in Table 1.
Right_ Right_ Related_ Validity_ Instance Holder Work Date R_1 P_1 W_1 1996-98 R_2 P_3 W_2 1996-99 R_3 P_1 W_3 1996-98 R_4 P_2 W_4 1996-99 R_5 P_4 W_1 1996-97 CA 0223~276 l998-04-l7 R_6 ¦ P_4 ¦ W_4 ¦ 1996-97 In Table 2, six rights are available. These rights include duplication rights from the photoy,dphers for the four works managed in the system. These rights are recorded in the records identified as R_1 through ~_4. Two other rights are available.
Record R_5 is for the first photograph titled, "Early Sunrise," and record R_6 is associated with the other photograph with this same name. Rights to both of these photographs are available from another right holder, identified as P_4. As shown later in Table 3, this right holder is Jones' Gallery, which acquired authorization rights to these photographs for 1996-97 in connection with an exhibition of "Early Sunrise"
photographs.
Party table 318 contains information about the parties associated with the system. In altemative embodiments, the il,ro""alion in party table 318 may be stored directly in works table 300 and rights table 308. A separate table is used to conserve 15 storage space where multiple records are ~csori~l*d with the same party. Information about each party is contained in one record in party table 318, where each record includes party_instance field 320, party_name 322, and party_address 324.
Party_insldnce field 320 contains an identifier for a party. This idenlir,er will generally be assigned by the software and will generally be numeric. It is possible, though, to 20 have other assiy"ment ~rc~locols and to have symbolic or alphanumeric identifiers.
Each identifier should be unique, so as to distinguish each party. Party_name field 322 is an alphanumeric field that conldi,1s the party s name. Party_address field 324 is an alphanumeric field that contains the party's address. Party table 318 may include other fields pertinent to the parties. For efficiency, party table 318 may be indexed or keyed 25 on party_in:,ldnce field 320 and other fields. Table 3 shows an illustrative party table for the parties associated with Tables 1 and 2.
Party_lnstance Party_Name Party_Address P_1 Lopez, David Winter Street Anytown, USA 10000 CA 0223~276 1998-04-17 W O 97t37316 PCTrUS97/05063 P_2 Connor, Julie Spring Street Anytown, USA 10000 P_3 Gregory, Eileen Fall Drive Anytown, USA 10000 P_4 Jones' Gallery Commerce Park Anytown, USA 10001 5 3. Second Illustrative Data Structure FIG. 4 shows a diagram of a second embodiment of a data structure contemplated by the present invention. This data structure may be used in a system for clearing rights to any type of work. These works may include anything subject tocopyright or any similar right. A non-exclusive list of works includes written works, such as books, periodicals and their cG~I~ponent parts; visual works, such as photographs and sculpture; audio works, such as music; audiovisual works, such as movies; and computer works, such as software programs and cl~t~h~se cor.,~ ns. This data structure may also be adapted for use with other types of interests, such as those in patents, trademarks, trade secrets, mask works, real property, personal property, cGnll~ , or any other item that may be subject to conveyance, license, sale, or similar transaction.
The second embodiment of the data structure includes elements from the first embodiment of the data structure. Works table 400 and its work_instance field 4Q2, work_title field 404 and work_author field 406 are similar in content and function to works table 300 and its three constituent fields. Works table 400, though, will typically include a larger variety of works. Party_table 428 and its party_instance field 430, party_name field 432 and party_address field 434 are similar in conlenl and function to party table 318 and its constituent fields. Party table 400, though, will typically include a more diverse set of parties.
The second embodiment of the data structure includes several elements not found in the first embodiment of the data structure. While rights table 408 and its right_instance field 410, right_holder field 412, related_work held 414, and validity_date field 422 have similar content and serve a similar function as rights table 308 and its similarly-named helds, there are several new fields in rights table 408.
CA 0223~276 1998-04-17 W O 97/37316 PCT~USg7/05063 Type of use field 416 sets forth the type of use ~ssoci~ted with the right. Thisfield may be numeric or alphanumeric, linked to a separate table, or defined in some other way. This field captures, for example, the fact that a right concems different customers (e.g., edur~tional, not-for-profit, or commerclal users), different media of use (e.g., paper, CD-ROM, intranet, or Internet~, and different volumes of use (e.g., one copy, several copies, or an unlimited number of copies). Right_fee field 418 sets forth the fee ~sso~i~led with the right and type of use. This field may be a numeric field, contain a formula, or be defined in some other way. Right_grant field 420 is a boolean field that records whether or not a right may be granted. This field is used in response 10 to inquiries for rights previously denied, to indicate that a denial is firm and not merely a new inquiry. This field is also used for archival purposes, to substar,lidle switches over time between authorization and denial for essentially identical rights.
In the second embodiment of the invention, two date fields in addition to validity_date field 422 are inctuded in rights table 408. Effective_date field 424 is a date 15 field (or fields) setting forth the time period for which a right is effective. The effective date may differ from the validity date. For e~a"~,lE, a right may be effective as to material published in a pe,iodical from 1985 through 1990, although this right is only valid to grant during 1995. A third date field, permission_date field 426, is a date field (or fields) setting forth the time period in which a poler,lial licensee may exercise a right.
20 In the above example, the rights holder may permit a license to be granted during 1995 for the 1985-90 material, which license may be exercised during the three year period from 1995 through 1997. The validity date is 1995; the effective date is 1985-90; and the pe~ " .ission date is 1995-97.
Table 4 shows a portion of a rights table for an illustrative authorization scheme.
25 A right holder (record P_5 in party table 430) has a two year contract, entered January 1,1996, with an orga"i~er of a rights management and authorization system. Under the cGIllld-,L, the or~ani,er may grant three year licenses to make paper photocop cc (clesig"dLed as "R") of right holder's magazine (record W_9 in works table 40Q). During the first year of the contract, rights are offered at a base fee (designated as "B") of 30 $1.00 plus a per page copy fee (designated as "P") of 5~ per page. During the second year of the contract, rights are offered at a base fee of $1.10 plus 6~ per page. If rights are obldil ,ed during the first year, the price is locked in at the first-year rate.
Commercial entities (designated as "Com") are charged twice the fee of educational CA 0223~276 1998-04-17 W O 97/37316 PCT~US97/OSO63 entities (designated as "Ed").
Right_ Right_ Related_ Type_ Ri~ht_ Right_ Validit~/_ E~Fec~ve_ P~. ", n_ Instance Holder Work of_Use Fee Grant Date Date Date R_10 P_5 W_9 REd B100P005 Yes 1996 All 1996-98 R_11 P_5 W_9 REd B110P006 Yes 1997 All 1997-99 R_12 P_5 W_9 RCom E~200P010 Yes 1996 All 1996-98 R_13 P_5 W_9 RCom B220P012 Yes 1997 All 1997-99 The second embodiment of the data structure adds work relation table 436.
Work relation table 436 accounts for granularity, where each record in the table includes parent_work_instance 438 and child~ ork_instance 440. Each of these fields contains a .~rerel1ce or link to a works_instance field 402 in works table 400. For efficiency, work relation table 43~; may be indexed or keyed on either or both fields. In altemative 15 embodiments, the data contained in work n:ldlion table 436 may be included directly in works_table 400.
Table 5 shows a works table, Table 6 shows a work relation table, and Table 7 shows an abridged rights table, which collectively illustrate the concept of granularity.
The work titled, "The Golden Parakeet," is a ch '~ n's story that is published on its own 20 and contained in an anthology titled, "The Best Bedtime Stories of 1994." The story also includes an illusL, alion titled, "The Wlnding River," by an artist other than the author of the story. The works table includes a second arll,~logy of stories titled, "The Best Bedtime Stories of 1995." The publisher of the two anthologies offers a blanket license to the works, designated as "Bedtime Stories Work Set." As shown in Table 7, the only 25 right available to the works in Table 5 is a right to reprint "The Bedtime Stories Work Set" on a per page fee.
Work_lnstance Work_Title Work_Author W_20 The Golden Parakeet P_10 W_21 The Wlnding River P_11 CA 0223~276 1998-04-17 W O 97/37316 PCT~US97/05063 W_22 The Best Bedtime Stories of 1994 P_12 W_23 The Best Bedtime Stories of 1995 P_12 W_24 Bedtime Stories Work Set P_12 Parent_Work_I nstance Child_Work_i nstance W_20 W_21 W_22 W_20 W_24 W_22 W_24 W_23 Right_Instance Right_Holder Related_Work R_30 P_12 W_24 1~
If a potential licensee seeks a right to reprint the illustration, "The Winding River," the following steps may be executed in authorization software. The work "The Wlnding River" is identified as record W_21 in Table 5. A search of the related_work field in Table 7 for W_21 finds no available rights. The software then moves up one 20 level, to determine whether W_21 is contained in another work to which rights are available. A search of the child_work_ instance field in Table 6 for W_21 finds that it is contained in W_20, the short story. A second search in Table 7 for W_20 again finds no available rights. Moving up another level, a search of Table 6 for W_20 finds that it is contained in W_22, the first al,Lhola~y. A third search in Table 7 for W_22 again 2~ finds no available rights. Moving up another level, a search of Table 6 for W_22 finds that it is contained in W_24, the work set. A fourth search of Table 7 for W_24 hnds that F~_30 provide the necess~ry rights. Of course, depending on the rights inquiry, the search process may work in the ol~posile direction or through alternative but equivalent steps.
CA 0223~276 1998-04-17 W O97/37316 PCTnUS97/05063 The second embodiment of the data structure includes order table 442. This tabie provides a dynamic iog of right autho,i~dlions and deniats, where each record inciudes several fields. Order_instance field 444 contains an identifier for an order.
This identifier may be soft~,vare generated or iinked to a paper refer~l ~ce like a purchase 5 order number. Vvhile the identifier may be numeric, symbolic, or alphanumeric, each identifier should be unictue. Order_by field 446 contains a reference or link to a party_instance field 430 of party table 428. This link identifies the party placing the order. Order_date field 448 is a date field for recording the date of the order.Order_right field 448 contains a reference or link to a right_instance field 410 of rights table 408. This link identifies the right ordered. Order_status field 452 may be used to track the status of an order. For efficiency, order table 442 may be indexed or keyed on order_instance field 444 and other fields. Typically, order table 442 will include other fields and structures to accommodate more complex transactions, such as multiplerights under a single purchase order.
4. Computer Sc~ are ~ y~ s The data structure from above is combined with one or more soft~,vare programs or tools for cor,ll.'1ing and querying the data structure. Software is provided on the management side for performing wortc and right maintenance, such as adding, deleting, and editing entries. Software is also provided on the authorization side for querying the d~ hase to determine, for example, whether or not to authorize a particular use posed by a potential licensee. The computer software programs for collLlulling and querying the data stnucture may or may not be on the same physical data storage space as the data stnucture, and often will not be.
On the server side of the system for rights management, favoraple results have been achieved with a prototype system based on Oracle Version 7.1.3 d~t~h~se s~r'.~ running under Open VMS on a DEC Alpha 2100. An initial commercial system is contel"plcll~d in which Oracle 7.2 is used on a DEC Alpha 8200. On the client side of the system for rights aull1o,i~dlion, favorable results have been achieved using personal computers with Intel l",cro,crucessors and Microsoft operating systems running object-oriented ap~licdlions built under PowerBuilder Version 4Ø Those of ordinary slcill in the art may select and imptement the present invention on other computer systems, and could quickly and easily construct a single-user model from a d~ h~se , CA 0223~276 l998-04-l7 W 097/37316 PCTrUS97/OS063 system such as Access, dBase, FoxPro, or Quattro. It is contemplated that clients may connect to the server side of the system through Internet connections or some other type of on-line link, and communicate with the system through, for exa"lple, TCP/IP
and/or DCE protocols, or their equivalent.
FIG. 5 shows an illustrative user interface 500 on the management side for pe, r ~ 9 work maintenance functions. User interface 500 includes a view of a constructive index card 502 on which i-lro-ll,dlion stored or ~soci~ted with a record in the works table is recorded. Here, card 502 includes title field 504, author name field 506, and author address field 508. These fields store or control the data suggested by their names. Card 502 further includes continue button 510 for alerting the system that operations on a card have been cG",pleled. Typically, illlelrdce 500 would include drop down menus for, among other things, entering modes to find, add, delete, and edit records.
FIG. 6 shows an illustrative user i~le,rdce 600 on the management side for pel rul I l lill9 right management functions. User interface 600 includes a view of a constructive index card 602 on which il~ru~ dLiGn stored or ~csoria~3d with a record in the rights table is recorded. Here, card 602 includes related work field 604, right holder field 606, type of use field 608, grant field 610, fee formula field 612, validity date field 614, effective date field 616, and pe",-ission date field 618. These fields store or control the data suggested by their names. Card 602 further includes continue button 610 ~or alerting the system that operations on a card have been comFletqd. Typically, inteRace 600 would include drop down menus for, among other things, entering modes to find, add, delete, and edit records.
FIG. 7 shows an illustrative user interface 700 on the aull,o.i~dlion side for performing a- ll.oli~alion inquiries. User interface 700 includes a view of a constructive index card 702 to specify a particular right for which authori~dLiGI, is sought. Here, a po~nlial licensee must identify himself, herself, or itself in customer field 704, specify a particular worl< for which aull,o-i~dliol1 is sought in title field 706 and author field 708, and specify a type and volume of use, respectively, in type of use field 710 and number - 30 of copies field 712. After this information has been provided, a search may be performed upon activation of continue button 714. This search would dele", lil le - whether or not aulhG, i~dLio n may be given, which information typically would be reporte to the polt r,lial licensee along with price i,.ru",lalion and an order option. An illustrative CA 0223~276 1998-04-17 W O 97/37316 PCTrUS97/05063 search sequence is provided with the example given with Tables 5, 6, and 7, but those of ordi-~a~y skill in the art will devise other search sequences. A more sophisticated interface on the authorization side may change dynamically to require more or less i,.ru...,aliGn based on a potential licensee's input.
5. Other Embodiments Although the invention has been shown and described in terms of two illustrativedata structures and three user i,lLelrdces, those of o,dillaly skill in the art will realize that other data structures and iIlLe~rdces may be constructed within the meaning of the 10 present invention. Altemative data structures may be designed around rights similar to those considered in the two illustrative data structures, or for different rights. For example, in a patent, trademark, trade secret, jor mask work licensing system, the equivalent of a works table may be used to record patents, trademarks, trade secrets, mask works, and related sets, while a rights table may store license, assignmentl field 15 of use, geoy,dphical scope, and similar rights and li..,ildlions for these items. In a real property management and autho.i~alion system, the equivalent of a worlcs table may be used to record parcels of land, while a rights table may store interests in these parcels, such as leaseholds, mineral rights"i,ua~ian rights, air rights, easements, and other real property rights. In a general system for ccjnl-d~,l management and aL.lho~i~dlion, the 20 equivalent of a works table may be used to record each contract or related set of co..l.dcb, while a rights table may store individual interests, rights, licenses, and sublicenses under the cohl.d.;L~. Those of ordinary skill in the art will also apply the Leach .gs of the present invention to different data types, including cl~l~h:~ce files, linked lists, multi-dimensional arrays, and other forms of data orga~ dl.ûn. Based on the 25 software and system used, the ~peciric rights management and autholi~dlion problem addressed, and design ch~i~es made by the programmer, alternative user i"l~.races will also be used. The key feature of the present invention is that a first data structure records the item or work, while a separale data stnucture records rights that are available in or to the items and works. Vvithin this constraint, several embodiments of 30 the invention may be constructed without departing from the spirit of the invention as c~aimed below.
Claims (15)
1. A data storage device in a computer system for managing and authorizing rights, the data storage device comprising.
a works table comprising records representing a plurality of works;
a rights table comprising records representing a plurality of rights, each right associated with at least one work and including a date field; and a computer software program for identifying at least one of said works and searching said rights table to determine using said date field, whether or not authorization to said work is available.
a works table comprising records representing a plurality of works;
a rights table comprising records representing a plurality of rights, each right associated with at least one work and including a date field; and a computer software program for identifying at least one of said works and searching said rights table to determine using said date field, whether or not authorization to said work is available.
2. The data storage device of claim 1, wherein each right in said rights table is limited to a particular type of use, and said computer software program further uses said types of use to determine authorizations.
3. The data storage device of claim 1, wherein said data storage device further comprises a work relation table comprising records representing relationships among said plurality of works and said computer software program further uses said work relation table to determine authorizations.
4. The data storage device of claim 1, where said date field is a validity date setting forth the time period in which authorization is given to grant said right.
5. The data storage device of claim 4, wherein each right in said rights table further comprises an effective date setting forth the time period in which a right is effective, and said computer software program further uses said effective date to determine authorizations.
6. The data storage device of claim 5, wherein each right in said rights table further comprises a permission date setting forth the time period in which said right may be exercised, and said computer software program further uses said permission date to determine authorizations.
7. The data storage device as in any of claims 1-6, wherein said works are selected from the group consisting of copyrights patents trademarks, trade secrets, and mask works.
8. The data storage device as in any of claims 1-6, wherein said works are parcels of real property.
9. The data storage device as in any of claims 1-6, wherein said works are contracts.
10. A computer system for managing and authorizing rights, comprising:
an input device for inputting an authorization request with regard to one of a plurality of works;
an output device for outputting whether said authorization request is granted;
a data storage device for storing:
a works table comprising records representing said plurality of works;
a rights table comprising records representing a plurality of rights, each right associated with at least one work and including a date field;
and a computer software program for identifying said work subject to said authorization request and searching said rights table to determine, using said date field, whether or not authorization to said work is available; and a central processing unit for running said computer software program to determine whether said authorization to said work is available and for transmitting to said output device whether said authorization request is granted.
an input device for inputting an authorization request with regard to one of a plurality of works;
an output device for outputting whether said authorization request is granted;
a data storage device for storing:
a works table comprising records representing said plurality of works;
a rights table comprising records representing a plurality of rights, each right associated with at least one work and including a date field;
and a computer software program for identifying said work subject to said authorization request and searching said rights table to determine, using said date field, whether or not authorization to said work is available; and a central processing unit for running said computer software program to determine whether said authorization to said work is available and for transmitting to said output device whether said authorization request is granted.
11. The computer system of claim 10, wherein said input device and said output device comprise a client system, and said data storage device and said central processing unit comprise a server system.
12. The computer system of claim 11, wherein said client system and said server system are connected over the Internet.
13. The computer system as in any of claims 10-12, wherein said works are selected from the group consisting of copyrights, patents, trademarks, trade secrets, and mask works.
14. The computer system as in any of claims 10-12, wherein said works are parcels of real property.
15. The computer system as in any of claims 10-12, wherein said works are contracts.
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US08/625,905 US5991876A (en) | 1996-04-01 | 1996-04-01 | Electronic rights management and authorization system |
PCT/US1997/005063 WO1997037316A1 (en) | 1996-04-01 | 1997-03-28 | An electronic rights management and authorization system |
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JPH05134957A (en) * | 1990-10-10 | 1993-06-01 | Fuji Xerox Co Ltd | Data management system |
US5204897A (en) * | 1991-06-28 | 1993-04-20 | Digital Equipment Corporation | Management interface for license management system |
US5715403A (en) * | 1994-11-23 | 1998-02-03 | Xerox Corporation | System for controlling the distribution and use of digital works having attached usage rights where the usage rights are defined by a usage rights grammar |
US5629980A (en) * | 1994-11-23 | 1997-05-13 | Xerox Corporation | System for controlling the distribution and use of digital works |
US5634012A (en) * | 1994-11-23 | 1997-05-27 | Xerox Corporation | System for controlling the distribution and use of digital works having a fee reporting mechanism |
CA2683230C (en) * | 1995-02-13 | 2013-08-27 | Intertrust Technologies Corporation | Systems and methods for secure transaction management and electronic rights protection |
US5892909A (en) * | 1996-09-27 | 1999-04-06 | Diffusion, Inc. | Intranet-based system with methods for co-active delivery of information to multiple users |
US5920873A (en) * | 1996-12-06 | 1999-07-06 | International Business Machines Corporation | Data management control system for file and database |
US5884312A (en) * | 1997-02-28 | 1999-03-16 | Electronic Data Systems Corporation | System and method for securely accessing information from disparate data sources through a network |
-
1996
- 1996-04-01 US US08/625,905 patent/US5991876A/en not_active Expired - Lifetime
-
1997
- 1997-03-28 EP EP97919942A patent/EP0829059A1/en not_active Ceased
- 1997-03-28 WO PCT/US1997/005063 patent/WO1997037316A1/en not_active Application Discontinuation
- 1997-03-28 CA CA2235276A patent/CA2235276C/en not_active Expired - Lifetime
- 1997-03-28 AU AU24252/97A patent/AU719229B2/en not_active Expired
-
1999
- 1999-08-10 US US09/370,953 patent/US6618808B1/en not_active Expired - Lifetime
-
2003
- 2003-07-11 US US10/617,553 patent/US6795922B2/en not_active Expired - Fee Related
- 2003-07-11 US US10/617,557 patent/US6859880B2/en not_active Expired - Fee Related
-
2004
- 2004-12-15 US US11/012,917 patent/US7360098B2/en not_active Expired - Fee Related
Also Published As
Publication number | Publication date |
---|---|
US6618808B1 (en) | 2003-09-09 |
US20040010707A1 (en) | 2004-01-15 |
AU2425297A (en) | 1997-10-22 |
CA2235276C (en) | 2014-09-16 |
US6795922B2 (en) | 2004-09-21 |
US7360098B2 (en) | 2008-04-15 |
US20050102532A1 (en) | 2005-05-12 |
US20040010708A1 (en) | 2004-01-15 |
US6859880B2 (en) | 2005-02-22 |
US5991876A (en) | 1999-11-23 |
EP0829059A1 (en) | 1998-03-18 |
AU719229B2 (en) | 2000-05-04 |
WO1997037316A1 (en) | 1997-10-09 |
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