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Copyright Clearance Center

From Wikipedia, the free encyclopedia
U.S. company based in Danvers, Massachusetts

Copyright Clearance Center (CCC) is a U.S. company based inDanvers, Massachusetts,[1] (although it is incorporated inNew York State),[1] that providescollective copyright licensing services for corporate and academic users of copyrighted materials. CCC procures agreements with rightsholders, primarily academic publishers, and then acts as their agent in arranging collective licensing for institutions and one-time licensing for document delivery services,coursepacks, and other access and uses of texts.

History

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CCC was founded in 1978 as a not-for-profit organization in response to negotiations preceding the United StatesCopyright Act of 1976.[2] TheI.R.S. revoked CCC's tax-exempt status in 1982 and theUnited States Tax Court affirmed that holding, finding that whatever public benefits CCC's activities might produce, its primary purpose was to "further the economic interest of publishers and copyright owners" and its founders (a group of publishers) had no "interests of any substance beyond the creation of a device to protect their copyright ownership and collect license fees".[3] CCC still maintains a state-level not-for-profit status in theState of New York,[4] but for federal purposes is a for-profit company.

Licensing work

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CCC is a broker of licenses,[5] earning a 15% commission on the fees it collects.[5] The company passes more than 70% of its revenues to publishers in the form of royalty payments to rightholders, and another 30% is kept by the company as a fee for its services.[1]

CCC is a primarily US-based rights broker for materials, including millions of in- and out-of-print books, journals,newspapers,magazines, movies, television shows, images, blogs ande-books. CCC licenses copyright-protected content to businesses and academic institutions, and compensates publishers and content creators for the use of their works.Amsterdam-based RightsDirect, the wholly ownedEuropean subsidiary of Copyright Clearance Center established in 2010, provides copyright licensing services for European-based companies for print and digital content in books, journals, newspapers, magazines and images.

The "collective licensing" model that CCC employs is distinct fromstatutory licensing, in that it is voluntary, as opposed to mandated by statute. As a voluntary industry-developed model, CCC has been able to develop and initiate a variety of different licensing schemes, as well as to litigate and legislate on behalf of rightsholders. The voluntary licenses available from Copyright Clearance Center are of two kinds: repertory (or, annual) and transactional. The license systems are offered through various services, for instance, to corporations (the Annual Copyright License) or to academic institutions (the Academic Permissions Service, among others). Through these, and multiple other mechanisms, CCC collects fees which represent royalty payments and then periodically distributes these monies to participating rightsholders. CCC meets its operating expenses through allocating a fraction of these fees.[citation needed]

Products

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In 2000, CCC releasedRightsLink, a product that handles automated permission and reprint requests.[6]

CCC later expanded into thesearch domain, with a suite collectively known asRightFind. To expand this, the company acquiredPubget, a search engine for scientists, in 2012,[7] although this was subsequently closed in 2017. In 2014 the company acquired Infotrieve, atext mining company.[8] In 2015 the company announced thatRightFind could now allow users to search CCC for documents and then export them into 3rd party text mining software, currently limited to onlyLinguamatics orSciBite.[9]

Lobbying and litigation

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CCC, along with theAssociation of American Publishers (AAP), recruited three publishers (Oxford University Press, Cambridge University Press, and Sage Publications) to sueGeorgia State University, alleging that GSU's e-reserves system infringed copyright.[10] CCC and AAP jointly underwrote the costs of the litigation in the case,Cambridge University Press v. Becker, which cost the plaintiffs several million dollars to litigate initially.[10]

The plaintiffs lost the case, and were ordered to pay the defendant's legal fees when Georgia State University was deemed the "prevailing party".[11] Notwithstanding the "prevailing party" decision, the plaintiffs characterized the case as "flawed" but not a "loss",[12] and nonetheless filed an appeal.[13] The attorneys' fees were estimated by plaintiffs to be "substantial".[12] CCC has announced it will continue to fund 50% of litigation costs on appeal.[12]

CCC has been involved in lobbying and litigation to expand the scope of copyright, and is a founding member of theInternational Federation of Reproduction Rights Organisations (IFRRO), which has a similar position.[14]

References

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  1. ^abcPrivCo Private Company Financial Intelligence
  2. ^"Response To Copyright Clearance Center, Inc.'s Request For Business Review Letter (View the related business review request letter)"(PDF).The United States Department of Justice. 7 May 1991. Retrieved5 May 2022.
  3. ^Copyright Clearance Center v. Commissioner, 79 T.C. 793 (1982).
  4. ^New York State Office of the Attorney General."Charities Database".Charities NYS. Retrieved6 May 2022.
  5. ^abZick Rubin,"Let's Spread the Word About Fair Use",Chronicle of Higher Education, Sept. 23, 2012.
  6. ^Armstrong, Tracey (2005). "Copyright Clearance Center". In Rupp-Sorrano, Karen (ed.).Licensing In Libraries.Psychology Press. pp. 61–63.ISBN 9780789028792. RetrievedJune 30, 2013.
  7. ^"Florence Healthcare raises $1.7 million to move clinical trials research off paper, into the cloud". 3 March 2016. Retrieved29 October 2018.
  8. ^"Copyright Clearance Center Acquires Infotrieve". 18 November 2014. Retrieved29 October 2018.
  9. ^"Copyright Clearance Center Explores New Paths for RightFind". 18 August 2015. Retrieved29 October 2018.
  10. ^abMeredith Schwartz,"Georgia State Copyright Case: What You Need To Know—and What It Means for E-Reserves",Library Journal, May 17, 2012.
  11. ^Steve Kolowich,'The Prevailing Party',Inside Higher Ed (Aug. 13, 2012).
  12. ^abcAndrew Albanese,"Publishers Appeal 'Flawed' Decision in GSU E-Reserves Case",Publishers Weekly, Sept. 11, 2012.
  13. ^SeePublishers Brief in appealArchived May 19, 2015, at theWayback Machine, filed 2013.
  14. ^IFRRO website

Further reading

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External links

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