ISO/IEC JTC 1
Information Technology
ISO/IEC JTC 1 N 4564
DATE: 1997.02.26
REPLACES
DOC TYPE:
Information from ISO Central Secretariat
TITLE :
Correspondence from ISO Central Secretariat Transmitting the ISO Policies for Copyright Notification and for Distribution of ISO Documents Electronically for the Preparation of Standards
SOURCE:
ISO Central Secretariat
PROJECT:
STATUS :
This document is forwarded to JTC 1 National Bodies and SCs for information. It should be reviewed in conjunction with document JTC 1 N 4562. ISO Council Decision on the JTC 1 Proposal on Freely Available Access to WDs and CDs.
ACTION ID: FYI
DUE DATE:
DISTRIBUTION:
P and L Members
SC Chairmen and Secretariats
MEDIUM: P
DISKETTE NO.:
NO. OF PAGES: 21
Secretariat, ISO/IEC JTC 1, American National Standards Institute,
11 West 42nd Street, New York, NY 10036; Telephone: 1 212 642 4932;
Facsimile: 1 212 398 0023; Email: [email protected]
ISO Central Secretariat
our date: 1997-01-17
our reference: Council 96/Copyright
TO THE ISO MEMBER BODIES AND CORRESPONDENT MEMBERS
Dear Sir or Madam,
ISO Policies for copyright notification and for distribution
of ISO documents electronically for the preparation of standards
Since the development and publication of its first Recommendation
in 1951, ISO has claimed ownership of its standards. The decision
taken to change the name "Recommendation" into "International
Standard" as from 1972 further asserted ISO's intention to
consider not only that the Organization was the owner of the pertaining
copyright, but that, moreover, the copyright exploitation right
was automatically transferred to its members for the purpose of
developing their national standards. Further, ISO members have
the obligation to take all necessary steps to protect ISO's intellectual
property in their countries (Exclusive License Agreement [1972
to 1992] , and POCOSA Agreement, in force since 1 January 1993,
confirms this obligation).
Today, the copyright issue is becoming more complex with the growing
emergence of an electronic document exchange environment which
compels ISO, and it is essential for the organization, to adapt
to this new environment as quickly as possible.
Bearing this in mind, Council requested INFCO to prepare general
guidelines on copyright protection, in relation to both electronic
and hard copy products. In February 1996 Council furthermore decided
to enforce copyright protection for all ISO Working Drafts and
Committee Drafts and relevant instructions dealing with copyright
notices on WDs and CDs needed to be prepared for ISO/TC and SC
secretariats. In October 1996 the ITSIG (Information Technology
Strategies Implementation Group) requested urgently that a policy
document covering the distribution of ISO documents electronically
for the preparation of ISO Standards be aligned with the two
previous documents and formally approved by Council (important
parts of the ITSIG work depend on having a clear set of policy
guidelines in this area).
As a result of the above and because of the interrelationship
between these issues, it was decided that all documents regarding
intellectual property should be compiled into a single consolidated
document. The latter, as recently approved by Council, is attached
to this paper (the Council decision is reproduced at the end of
this letter). It is made up as follows:
Please note that this document will be widely distributed to all
relevant bodies and that your attention, as ISO member bodies
and correspondent members, is drawn in particular to the Guidelines
and Policies for the protection of ISO's intellectual property
with a view to their implementation.
Should you require any additional information or have any questions,
please do not hesitate to ask us and we shall be happy to provide.
Yours faithfully
Lawrence D. Eicher
Secretary-General
Enclosures
cc. President
Vice-President (policy)
Vice-President (technical management)
Treasurer
General Secretary IEC
Council resolution 42/1996
Council
approves annex 1 to ISO/Council 56/1996 Instructions
to ISO/TC and SC secretariats on Rules for copyright protection
of ISO standards, FDIS and DIS, and of WDs and CDs and annex
2 to ISO/Council 56/1996 Policy concerning the distribution
of ISO documents electronically for the preparation of standards,
confirms the adoption of the Guidelines and Policies
for the protection of ISO's intellectual property, and
asks the Secretary-General to forward the document and/or
any annexes, as appropriate, to all relevant bodies (ISO members,
regional standards organizations, TC and SC secretariats).
January 1997
GUIDELINES AND POLICIES FOR THE PROTECTION OF ISO's INTELLECTUAL
PROPERTY
(as approved under Council resolution 42/1996)
| Table of contents | Page |
| 0 Introduction | 2 |
| 1 Standards in hard copy | 2 |
| 1.1 Promoting the fact that standards are copyright-protected material | 3 |
| 1.2 Protecting standards against infringements | 3 |
| 1.3 Clearly indicating the procedure to follow in case of reproduction | 3 |
| 1.4 Commercial transactions | 4 |
| 2 Standards in electronic format | 4 |
| 2.1 Copying arrangements | 4 |
| 2.2 Networking agreements | 5 |
| 2.3 Warning notice - README file | 5 |
| 2.4 Security devices | 5 |
| 3 Conclusion | 6 |
| ANNEX 1 - Instructions to ISO TC and SC secretariats on Rules for copyright protection of ISO standards, FDIS and DIS, and of WDs and CDS | 7 |
| ANNEX 2 - Policy concerning the distribution of ISO documents electronically for the preparation of standards | 11 |
| ANNEX 3 - Description of reproduction rights organizations | 15 |
| ANNEX 4 - Checklist of the elements forming part of any agreement designed for the reproductions of standards | 16 |
Definitions and abbreviations
For the purpose of this document, the following definitions and
abbreviations apply:
ISO: refers to the entire ISO membership and includes the
ISO Central Secretariat.
ISO members: refers to member bodies and correspondent
members.
Standard (*1): applies to ISO standards and standard-type
documents, such as recommendations, technical reports, international
standardized profiles, technology trends assessments and guides,
which are developed and approved in accordance with the procedures
of the ISO/IEC Directives.
Working Draft (WD), Committee Draft (CD), Draft International
Standard (DIS), and Final Draft International Standard (FDIS):
apply to all draft documents prepared by TCs, SCs or WGs on any
medium (e.g. paper or electronic), within the framework of, respectively,
the preparatory stage, committee stage, enquiry stage or approval
stage, as defined in the ISO/IEC Directives, Part 1.
INFCO: ISO Committee on Information Systems and Services,
a General Assembly policy development committee open to interested
member bodies as participating (P) or observer (O) members and
to interested correspondent members as observer (O) members. International
organizations which cooperate with INFCO may be invited to INFCO
meetings as observers. The objectives of INFCO are presented in
the document INFCO Terms of Reference and Operating Procedures.
ISO/CS: the ISO Central Secretariat.
POCOSA: the document ISO/IEC/POCOSA Common IEC and ISO
copyright, text exploitation rights and sales policies, dated
November 1992, in force since 1 January 1993 (including its addendum
Negotiating procedures for multinational copyright exploitation
agreements - Rules and procedures for granting ISO copyright exploitation
rights to an external organization for use in two or more countries,
in force since 1 February 1995).
0. Introduction
Since the development and publication of its first Recommendation
in 1951, ISO has claimed ownership of its standards. The decision
that was taken to change the name "Recommendation" into
"International Standard" as from 1972, further asserted
ISO's intention to consider not only that the Organization was
the owner of the pertaining copyright, but that, moreover, the
copyright exploitation right was automatically transferred to
its members for the purpose of developing their national standards.
Furthermore ISO members had the obligation to take all necessary
steps to protect ISO's intellectual property in their countries
(Exclusive Licence Agreement [1972 to 1992]). POCOSA, in force
since l January 1993, confirms this obligation.
Today, the copyright issue is becoming ever more complex with
the growing emergence of an electronic environment which compels
ISO to reconsider some of the conditions previously taken for
granted. The world has now entered what could be called the "cyberspace
culture" and it is essential for ISO to adapt to this new
environment as quickly as possible. There is a need to identify
the various components of the delicate balance which enables ISO
to fulfil its mission, and to set the rules for achieving its
goals in terms of disseminating the results of ISO's work (i.e.
standards, both national and international) faster, further afield
and in a broad range of formats, while protecting more effectively
its patrimonial rights and the financial income derived therefrom.
The purpose of this document is therefore to offer a set of guidelines
that will ensure better protection of ISO's intellectual property
and, consequently, that of its members. The ISO members and the
ISO Central Secretariat should meet the requirements presented
below with regard to ISO International Standards and related ISO
publications. These guidelines are also recommended for application
with regard to regional and national standards and related documents.
1. Standards in hard copy
Although electronic format is growing in importance, not only
in the process of standards development, the hard copy format
will stay with us for a long time, if not forever. The dissemination
of more and more sophisticated reproduction media calls for an
increasing vigilance to protect standards against abuse of copyright.
1.1 Promoting the fact that standards are copyright-protected
documents
The ISO Central Secretariat and ISO members should take every
opportunity to publicize the fact that standards are copyright-protected
documents. In order to achieve this, they should be encouraged
to take the following steps:
1.1.1 A clear, concise and visible copyright notice should
be affixed to the cover of each standard and to drafts under development
as decided by the organization promulgating the standard. The
copyright notice on the front cover may be a curtailed or an abbreviated
notice, in which case it should be completed by visible copyright
information affixed on the back cover of standards, explaining
the extent of the copyright, the fair use and the address to apply
to for further copyright questions. The name and/or title of the
person in charge of copyright matters should, where possible,
also be included;
1.1.2 ISO's rules for copyright protection of ISO standards
and drafts are given in annex 1 to this document;
1.1.3 ISO's policy concerning the distribution of ISO documents
electronically for the preparation of ISO standards is given in
annex 2 to this document.
1.2 Protecting standards against infringements
In addition to clearly indicating that standards are copyright-protected
documents, other available means to ensure this protection should
be taken such as:
1.2.1 using watermarked paper;
1.2.2 using a coloured line in the margin or other distinctive colour marking that can be
used to distinguish between an illegal photocopy and a legal original.
1.3 Clearly indicating the procedure to follow in case of reproduction.
Unauthorized photocopying is clearly one of the major causes of
revenue losses for ISO and its members . It is generally considered
that for each copy of a standard that is purchased, two unauthorized
copies are generated. Consequently, although users should always
be encouraged to purchase original standards, there are cases
where business need may drive customers to override legal constraints.
The principle to be followed is to ensure that such circumstances
are minimized by advising users of ways to comply with the law.
Therefore, each standard should carry relevant information about
reproducing in the copyright notice on the back cover of the document
(see 1.1.1 above).
Public and university libraries are a recognized source of such
illicit activity. To combat this situation. four kinds of measures
could be taken:
1.3.1 sign reproduction agreements with those libraries;
such an agreement could have as a basis the payment of a yearly
lump sum allowing the library to make multiple copies of copyright-protected
material;
1.3.2 find an easy way to distinguish legal from illegal
photocopies (see 1.2 above);
1.3.3 insist that photocopies be stamped to clearly indicate
that they are authorized copies and that further reproduction
is strictly forbidden;
1.3.4 make arrangements with libraries that they become
sales agents of standards.
Furthermore in a number of countries, reproduction rights organizations
may be used efficiently for such cases. A description of such
organizations is presented in annex 3 to this document.
1.4 Commercial transactions
National criminal legislation concerning copyright often has limited
application. For instance, many national laws have provisions
which permit the making of private copies under certain conditions
or circumstances (so called "fair use"). In order to
extend the protection of standards against unauthorized copying,
it is recommended that civil legislation be invoked. For this
purpose, no permission to reproduce standards, in all or in part,
in a publication or in a product should be agreed upon without
the signing of a contract . A contract which is regulated by civil
law often ensures a broader protection than copyright itself offers.
Such a contract should include the following three basic elements:
1.4.1 what is agreed upon;
1.4.2 the price to pay and terms of payment;
1.4.3 the law under which it is administered.
A checklist to help draw up contracts for commercial transactions
is presented in annex 4 to this document.
2. Standards in electronic format
Basically, the protection of standards in electronic media is
no different from that of hard copy format. However, additional
care should be taken because:
Therefore, the provisions listed under 1 above equally apply but
should be supplemented with the following guidelines:
2.1 Copying arrangements
Agreements regarding electronic products should contain provisions
allowing the user to make hard copies of the electronic files
against a copyright fee. This restricted site licence should be
part of the contract and made as easy as possible for the user.
Furthermore, the agreement should not allow any commercial resale,
should be geographically restricted and should include the name
and position of the employee of the licensee who will be in charge
of administering the agreement; moreover, the licensee with a
restricted site licence should not be allowed to further distribute
the document.
2.2 Networking agreements
A number of electronic products are also designed to be used in
an electronic network environment such as Local Area Network,
LAN, Metropolitan Area Network, MAN, and Wide Area Network, WAN.
Agreements ruling the use of these products should, in addition
to the parameters listed in 1.4 above, include the following necessary
parameters:
2.2.1 access fee giving the right to store the data in
the user's computer system;
2.2.2 copyright fee for the standalone installation;
2.2.3 copyright fee to be paid according to the number
of networked users.
2.3 Warning notice - README file
Each electronic product should always contain README files that
contain the full copyright notice and give all the information
regarding hard copying possibilities and conditions of use. This
file should be shown at the beginning of the document and, cover,
if possible, the whole of a PC screen.
2.4 Security devices
There is a widespread belief that the protection of computerized
data is more difficult to achieve than the protection of the same
data in hard copy form. It would seem that this preconception
is misguided and that there are effective means for protecting
electronic data by controlling:
2.4.1 the number of copies made of an electronic product;
2.4.2 the number of paper copies made of the same product;
2.4.3 access to the product (in full or in part) under
the terms of the licence granted.
This listing is clearly not exhaustive.
The table which is reproduced hereafter gives ten security measures
which are available to protect software and databases. They are
listed in increasing order of complexity and cost.
1. Prominent warnings on initial screens. 2. Embed customer's identification in screens 3. Embed "fingerprints" within database 4. Effective product management system - return policy 5. Password system 6. Date-driven enabler and disabler 7. Gatekeeper software
8. EDI-type system to
9. Encryption 10. "Dongle" - hardware to verify password, encryption, etc.
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Another security device that could be worth considering, as it
is the cheapest and easiest to use, is what is commonly called
"shrink wrap" licence. It is mostly utilized by software
editors, and the principle is the following: the user has the
possibility to read the copyright notice through the transparent
plastic wrapper. By opening the wrapper, the user agrees with
the content of the copyright warning. Even if this device may
seem illusive, it is being widely used with some success.
3. Conclusion
The protection of intellectual property is of crucial importance
to ISO as a whole and its members individually. Furthermore, the
growing use of electronic media will make copyright protection
even more complicated to control. Consequently, ISO and its members
should pay increasing attention to the protection of their intellectual
property and follow the guidelines given in this document as closely
as possible.
The ISO Central Secretariat should be vigilant to any modifications
in copyright laws and inform ISO members when such modifications
could affect their activity. If need be, consequent revisions
of these guidelines should be initiated through INFCO.
ANNEX 1 to Guidelines and Policies for the protection of ISO's
intellectual property
INSTRUCTIONS TO ISO/TC AND SC SECRETARIATS ON RULES FOR COPYRIGHT PROTECTION OF ISO STANDARDS, FDIS AND DIS, AND OF WDs AND CDs
The purpose of this communication is to explain the way in which
a Council decision taken in February 1996 to enforce copyright
protection for TC/SC working drafts and committee drafts will
be implemented.
TC/SC secretariats and WG convenors are probably aware that copyright
notices have been affixed to all ISO standards since the early
1970s (Council resolution 45/1971) and to Draft International
Standards since 1984 (Council resolution 28/1983).
Until recently it was the general consensus that ISO working drafts
and committee drafts were internal to the ISO system, their distribution
being therefore limited to members of TCs, SCs, WGs and as necessary
at the national level and within liaison organizations. Today's
situation shows that, in an increasing number of countries, there
is an obligation to ensure transparency for all standards work,
which includes an obligation to provide copies of any working
draft or committee draft requested by any interested party. In
addition, there has been an increasing number of legitimate requests
to reproduce these drafts for information in forms which are sold
commercially, e.g. in technical journals or training documents,
or in electronic databases or web servers.
This new situation has called for Council to decide that ISO copyright
protection shall also be declared and enforced for all ISO working
drafts and committee drafts (Council resolution 5/1996). Therefore,
ISO technical committee and subcommittee secretariats and working
group convenors are required to apply the rules set out in sections
1.2, 1.8, 1.4, 2 and 3 of this annex for all ISO WDs, CDs, DISs
and FDISs (*2) (see following pages).
These new rules continue to reflect the guiding principles of
ISO and IEC policy with respect to copyright matters as contained
in the POCOSA document adopted in November 1992; in particular
that:
The following rules have been approved by ISO Council (Council resolution XX/1996), and
shall go into effect for all new drafts circulated.
1. Copyright notices
1.1 Current copyright notice on ISO standards
For the sake of completeness, it may be noted that FDIS and ISO
standards will, from 1 January 1997, bear the following copyright
notice on the inside front cover:
(c) ISO [year]
All rights reserved. Unless otherwise specified. no part of
this publication may be reproduced or utilized in any form or
by any means. electronic or mechanical, including photocopying
and microfilm, without permission in writing from either ISO at
the address below or ISO 's member body in the country of the
requester.
International Organization for Standardization
Case postale 56 - CH-1211 Geneve 20 - Suisse
Internet [email protected]
X.400 c=ch; a=400net; p=iso; o=isocs; s=central
1.2 Copyright notice for the front cover of WDs, CDs and DISs,
and for each page of WDs, CDs, DISs and FDISs
As from the beginning of 1997, the following copyright notice
(*3) shall appear on the front cover and on each page of all DISs
and, in addition, of WDs and CDs except as noted in section
3:
or
This rule applies both to hard copy and to electronic files.
1.3 Full copyright notice for DISs and FDISs
A more informative copyright notice, as shown below, shall also
be printed either on the inside front cover or on the back cover,
whichever is the most appropriate, or at the beginning of any
electronic file. The full copyright (*3) notice shall be different
in the case of WDs and CDs (see 1.4).
This ISO document is a Draft International Standard and is copyright-protected by ISO. Except as permitted under the applicable laws of the users country, neither this ISO draft nor any extract from it may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, photocopying, recording or otherwise, without prior written permission being secured.
Requests for permission to reproduce should be addressed to ISO at the address below or ISO's member body in the country of the requester
Copyright Manager
Reproduction may be subject to royalty payments or a licensing agreement
Violators may be prosecuted.
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1.4. Full copyright notice for WDs and CDs
This ISO document is a working draft or committee draft and is copyright protected by ISO. While the reproduction of working drafts or committee drafts in any form for use by participants in the ISO standards development process is permitted without prior permission from ISO, neither this document nor any extract from it may be reproduced, stored or transmitted in any form for any other purpose without prior written permission from ISO.
Requests for permission to reproduce this document for the purpose of selling it should be addressed as shown below or to ISO's member body in the country of the requester:
[Indicate the full address, telephone number, fax number, telex number, and electronic mail address, as appropriate, of the Copyright Manager of the ISO member body responsible for the secretariat of the TC or SC within the framework of which the working document has been prepared.]
Reproduction for sales purposes may be subject to royalty payments or a licensing agreement.
Violators may be prosecuted.
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2. Standard disclaimer
The following disclaimer, indicating the status and the nature
of all drafts, shall also appear on the front cover or at the
beginning of an electronic file.
This document is not an ISO International Standard. It is distributed for review and comment. It is subject to change without notice and may not be referred to as an International Standard.
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3. Other copyright notices allowed on WDs, CDs, DISs and FDISs
In the case where an ISO WD, CD, DIS or FDIS is a direct reproduction
of copyright-protected material originating in another standards
developing organization (for example, in the case of parallel
development or proposed adoptions by ISO of existing standards
under fast-track or similar processes) the copyright notice of
that organization shall be retained on the ISO WD, CD, DIS or
FDIS, i.e. in place of the ISO notices.
When the approved ISO standard is published by the ISO Central
Secretariat, it shall carry only the ISO copyright notices. However,
when adopted as a national standard with appropriate reference
to the International Standard, the copyright notices of ISO may
be replaced by those of the adopting standards developing organization
in accordance with the rules of the ISO member body in that country.
ANNEX 2 to Guidelines and Policies for the protection of ISO's
intellectual property
POLICY CONCERNING THE DISTRIBUTION OF ISO DOCUMENTS ELECTRONICALLY
FOR THE PREPARATION OF STANDARDS
(For definitions refer to the Guidelines and Policies for the
protection of ISO's intellectual property, page 1)
The ISO standardization process encourages the widest possible
dissemination of its working documents, needed for the preparation
of standards, free of charge within the ISO system to ensure that
all interested parties have the opportunity to contribute to the
development of a standard. In this context, the ISO system should
be understood to mean the member bodies of ISO, specifically those
that have elected to be P-members of a particular ISO committee,
(although O-members and non-members are entitled to receive documentation
on request), liaison organizations, the delegates accredited by
ISO members and liaison organizations participating in committee
meetings, experts appointed to ISO working groups, members of
national committees corresponding to an ISO committee and their
sponsoring organizations (e.g. trade associations, government
departments, etc.). ISO TC/SC working documents are not intended
for free distribution outside of the ISO system as defined above.
It may be noted that the POCOSA agreement permits member bodies
to sell TC/SC WDs and CDs to those outside the system.
The rationale for this policy is that ISO and many of its members
are presently financed to a large extent by subscriptions and
by income from sales. For this reason, free document distribution
is restricted to those that support the standardization infrastructure
and actively contribute to the development of standards. Additionally,
ISO standards and their drafts in development stages (WDs, CDs,
DISs and FDISs) are protected by copyright. The rights of ISO
member bodies with regard to reproduction and sale of ISO standards
and drafts are determined by POCOSA and related policy implementation
documents. Committee secretariats and WG conveners are also permitted
to reproduce standards and drafts for further standardization
purposes, but not for sales purposes (see below). The reproduction
of ISO standards and drafts, in whole or in part, by other parties
requires written permission from the ISO Central Secretariat or
from the ISO member body in the country of the requestor. This
is to preserve the income from the sales component of the financing
of ISO and its members.
The increasing use of electronic networks and similar means for
dissemination of ISO documents for the preparation of standards
requires that guidance be made available regarding what material
may be made publicly accessible and what should continue to be
restricted. This annex is intended to provide such guidance. In
cases of doubt, further information will be provided by the ISO
Central Secretariat upon request.
1. General
ISO's standards-development procedures require that national consensus
positions be established as a pre-requisite to reaching an international
consensus and that the national body process is fundamental to
ISO's methodology of producing standards. Use of electronic networks
therefore needs to recognize this fundamental principle to ensure
that only those officially designated at the various stages are
able to access working documents electronically and to submit
comments. For example, only contributions from designated experts
shall be considered by working groups; only comments from member
bodies and bodies in liaison (not individual contributions except
those from appropriate committee officers) are permitted on committee
drafts, etc.
The use of electronic distribution means also that, at any given
stage in the standards development process, there must be a single
identifiable master copy of an electronic document, which preferably
should be maintained by the document originator in revisable form,
but the document should be disseminated in non-revisable form
to limit the possibilities of corruption and amendment which would
lead to confusion concerning the official text. It is recognized
that the availability of a revisable copy may, for some types
of document, facilitate the preparation of comments. The owner
of the master copy should therefore be prepared to make revisable
copies available on request. The comments should, however, always
refer to the master copy or to an unaltered reference copy made
available on a server.
2. Types of information/documents
ISO committees generate various types of information/documents
as part of their activities.
2.1 Official publications
Official publications (International Standards including Amendments
and Technical Corrigenda. and FDISs and DISs) are copyright protected
and may normally only be made available electronically if expressly
authorized by the ISO Central Secretariat.
The exception to this rule is that it has long been ISO's policy
that such publications may be reproduced for the purposes of further
standardization. (For example, ISO/TC A may wish to consider
normatively referencing a standard produced by ISO/TC B
and such a decision will require that members of TC A have
the opportunity to review the standard in question.) In these
circumstances, the standard may be reproduced for distribution
within the ISO system free of charge, but electronic distribution
will require that ISO's copyright be respected under the foregoing
provisions. Therefore, the text (including graphics, tables and
pictures) of a standard may be distributed electronically on diskette
or by e-mail if the recipients are named individuals entitled
to receive the text by virtue of their being part of the ISO system.
The issuer of the text will need to be clearly identified and
the relevant copyright restrictions will need to be recalled.
If the text is made available from a document server, access will
need to be restricted, for example by means of passwords to those
who are duly entitled, and the restrictions on further distribution
recalled.
2.2 Project-related documents
Project-related documents (WDs, CDs, etc.) should be treated in
the same way as official publications reproduced for the purposes
of further standardization, i.e. distribution on diskette or by
e-mail to designated individuals is acceptable provided the issuer
of the document and the status of the documents are clearly identified,
but access to such documents from a server shall be restricted,
for example by password, and the restrictions on further distribution
recalled. In general, technical documents circulated for approval
or publication should be disseminated in non-revisable form to
limit the possibilities of corruption and uncontrolled amendments
which would lead to confusion concerning the official text. It
is recognized that the availability of a revisable copy may, for
some types of documents, facilitate the preparation of comments.
The owner of the master copy should, therefore, be prepared to
make revisable copies available on request or following a decision
of the TC/SC/WG. The status of modified versions of technical
documents created as National Body or designated expert contributions
shall be clearly identified, with all proposed revisions clearly
marked.
2.3 Ballots and comments
Ballots and comments resulting from consultations or technical
enquiries on WDs, CDs, and DISs coming from authorized sources
are in effect project-related. However, unlike most project-related
documents, which come from a central source and are distributed
to a number of users, these originate from the users and are delivered
to a central receiver. It is therefore of the utmost importance
to validate the source of the ballots and comments and to ensure
that they have been sent by an authorized person and received
by an authorized receiver. Transmission can be done, for example,
by e-mail with the use of a personal password or via an electronic
acknowledgement of the vote/comment from the secretariat to the
authorized submitter.
2.4 Reports of meetings and resolutions.
The reports and resolutions of meetings need to be made widely available to the experts participating in TC/SC/WGs. This could also be done electronically, e.g. via a WWW server. A distinction must be made between reports prepared for public information (see
2.6 below) and confidential reports quoting specific comments
of participating experts. The latter should, for sake of protection
of privacy, be protected by group or personal password.
2.5 Project management information
Project management information stored in the database of the ISO
Central Secretariat or in that of the TC/SC secretariat is internal
data that should be accessible only by authorized persons. Data
should be protected, for instance, by the use of group or personal
passwords. This is valid for direct access to and extractions
from the database, as well as for access to and extractions from
such project management information through WWW servers.
2.6 Public information and administrative documents
Public information such as the ISO/IEC Directives, Memento, press releases, etc. and
administrative documents such as TC/SC work programmes, annual
reports, meeting calendars, document registers, meeting notices,
and agendas may be made publicly accessible free of charge on
electronic networks and may be included in non-revisable form
on a "TC/SC home page" via a WWW server for example.
3. Warning
It has to be recalled that public access to information within
the ISO system will require that committee secretariat and officers
be vigilant in ensuring that contributions are indeed from officially
designated sources and that only accredited delegates participate
in meetings. The Central Secretariat should be informed in all
cases where problems arise.
Member bodies of country of origin of the convener or secretariat
should always be consulted before the opening of a WWW home page
or the establishment of a bulletin board system and the ISO Central
Secretariat informed.
Committee officers shall be made aware of privacy issues, e.g.
delegates' names and addresses, or identified personal comments,
and shall exercise appropriate care in avoiding the inclusion
of such information on publicly unprotected servers or other document
sources.
ANNEX 3 to Guidelines and Policies for the protection of ISO's
intellectual property
DESCRIPTION OF REPRODUCTION RIGHTS ORGANIZATIONS
Reproduction rights organizations (RRO) exist in a number of countries. They are usually
non-profit organizations resulting from agreements between authors,
publisher and users. Their mission is to ensure the collective
copyright management of the reproduction of copyright-protected
material. To that end, RROs:
Probably one of the most dynamic RROs is the Copyright Clearance
Center (CCC) which is the RRO for the USA. It offers a number
of services such as:
CCC is currently preparing an Electronic Copyright Clearance Service
to deal with access to digital material within local area networks
and on CD-ROM. Later this service will be expanded to include
similar transactions on wide area networks such as Internet.
Other national reproduction rights organizations such as Cancopy
in Canada and Kopiosto in Finland offer similar services.
National RROs are organized at the international level within
the International Federation of Reproduction Rights Organisations,
IFRRO. Through bilateral agreements between national RROs within
IFRRO, the services described above can be extended across borders.
ANNEX 4 to Guidelines and Policies for the protection of ISO's
intellectual property
CHECKLIST OF THE ELEMENTS FORMING PART OF ANY AGREEMENT DESIGNED
FOR THE REPRODUCTION OF STANDARDS
(For definitions refer to the Guidelines and Policies for the
protection of ISO's intellectual property, page 1)
When drawing up any agreement giving the right to a third party
to reproduce standards, the following elements should be included
in the agreement under three major chapters which any agreement
should include and which are the following:
1. What is agreed upon;
2. Price to pay and terms of payment;
3. Duration, termination and law under which the agreement shall
be administered.
1. What is agreed upon
1.1 Contracting parties
Statement of the parties to the agreement together with their
principal or registered addresses .
1.2 Purpose of the agreement
For instance, the licensor has compiled or developed standards which it is willing for the
licensee to distribute. The licensee is engaged in the business
of distributing documents and wishes to reproduce and sell (or
lease) the licensor's documents through a particular medium (paper,
microfiche, CD-ROM, etc.) and in a number of countries.
1.3 Definitions
The reproduction medium should be clearly defined, as should the
documents to be reproduced or any special terms utilized throughout
the agreement.
1.4 Licence
The general terms of the licence should be stated, including such
factors as:
1.4.1 Exclusivity or otherwise of the agreement.
1.4.2 The market sector (where relevant).
1.4.3 The territory to which the distribution agreement
refers.
1.4.4 Restrictions on end user reproduction rights;
1.4.5 Inclusion of a prescribed copyright notice on each
copy of the standard;
l.4.6 The licence registered number (see 1.5 below).
1.5 Indication of copyright
This is a copyright notice that the licensee shall undertake to
affix on each copy of the licensed product. This notice should
include the registered number of the licence thus allowing for
easy identification of any illegal reproduction, for example:
|
ISO standards included under ISO Copyright Licence number
XXX/1CC/1995
|
1.6 Delivery of data
Terms for the delivery of documents for reproduction to the licensee
should be stated. This clause should include any relevant information
such as the delivery of updated documents. Notices or documents
related to the agreement should be dispatched to a stated address
(fax number) and deemed to have been received within a stated
period (e.g. 10 days).
1.7 Warranty
The licensor warrants that it owns the copyright in the documents
to be reproduced, or is authorized by the owner to grant the licence.
The licensee undertakes to protect the copyright from infringement.
1.8 Property rights
The agreement confirms that only a licence to reproduce standards
for a stated purpose is being granted. The property rights remain
with the licensor.
1.9 Transfer to third party
The licensee shall not assign the rights granted by the licence
to third parties without prior written consent from the licensor.
2. Price to pay, terms of payment
2.1 Royalty
The royalty terms should include the fee to be paid, any provisions
for quantity discount, if applicable, provisions with regard to
networking in the case of an electronic product and, when applicable,
the terms and conditions under which the customer will be allowed
to make copies of the documents.
2.2 Terms of payment
The terms of payment should be clearly defined, yearly, bi-annually
or quarterly with an indication of when the first period shall
start. The licensee should provide a signed statement outlining
how each payment of the licensor was calculated when the licensee
submits such payment.
For example: Payments are due quarterly, the first quarter
ending 31 March. This payment shall be forwarded to the licensor
within thirty (30) days of the end of each quarter.
2.3 Auditing
The agreement should include the right of the licensor to audit
sales.
2.4 Confidentiality
The terms of the agreement may be confidential subject to the
agreement of both parties.
3. Aplicable law, duration and termination
3.1 Duration and termination
A date of commencement and the duration of the agreement should
be indicated. Conditions for renewal should be clearly expressed.
Equally important are the termination terms which should be stated,
together with more general terms on which the agreement will cease.
This clause will usually include breach of agreement, failure
to pay royalty, liquidation of the licensor, bankruptcy etc.
3.2 Limitation and force majeur
This is a statement that the agreement is limited to the terms
of the agreement and does not constitute a partnership, or employer/employee
relationship, and does not imply any terms or understandings not
actually stated.
Neither party shall be responsible for breaches of agreement due
to circumstances beyond their control.
3.3 Applicable law and venue
State the applicable law and gain consent of both parties to its
jurisdiction.
4. Additional elements
For a number of agreements, additional elements are necessary such as clauses stating
quality requirements or conditions for stock clearance etc. They
should therefore be included on a case-by-case basis.
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(*1) In a general sense, this term also applies to ISO standards-related
publications (e.g. standards handbooks, compendia, catalogues,
dictionaries, etc.) for which there are agreements or decisions
to consider them as copyright protected documents.
(*2) Working Draft (WD), Committee Draft (CD), Draft International
Standard (DIS), and Final Draft International Standard (FDIS)
: apply to all draft documents prepared by TCs, SCs or WGs on
any medium (e.g. paper or electronic), within the framework of,
respectively, on the preparatory stage, committee stage, enquiry
stage or approval stage, as defined in the ISO/IEC Directives,
part 1.
Note: These rules do not apply to other TC/SC/WG administrative-type
documents (e.g. minutes, resolutions, member body of working group
member comments, etc.) for which the normal rules of confidentiality
apply.
(*3) This notice is normally affixed to DISs by the Central Secretariat.
It does not require action by the TC/SC secretariats except in
cases where they are submitting camera-ready hard copy or electronic
files for direct reproduction and DIS processing, i.e. where editing
work by the Central Secretariat is not necessary.