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Copyright, Creative Commons and Open Access
Marianne Renkema, Wageningen UR Library
February 1, 2010
The “Copyright Landscape”
SURF Foundation/JISC
Copyright
Also called author’s right or auteursrechten Legal protection of literary or artistic work
(Dutch law: a work of science, literature or art)
You are not allowed to copy or adapt the material without permission
Reasons for copyright law: Stimulation of creativity and publishing of work Protection of author regarding commercial and fair
use
Criteria for obtaining copyright
Work has to be original No protection of ideas or information, but of
the expression of it Facts or theories are not protected (Work needs to be recorded)
Berne Convention for the Protection of Literary and Artistic Works (1886)
Three basic principles national treatment foreign and native authors have the same
rights
“automatic” protection no registration required
“independence” of protection what law is effective depends on where you are, not on country of origin
Berne convention: Exclusive rights of authorization the right to translate, the right to make adaptations and arrangements of the
work, the right to perform in public dramatic, dramatico-
musical and musical works, the right to recite in public literary works, the right to communicate to the public the
performance of such works, the right to broadcast, the right to make reproductions in any manner or form, the right to use the work as a basis for an audiovisual
work, and the right to reproduce, distribute, perform in public or communicate to the public that audiovisual work
Berne convention: Moral or personality rights
the right to claim authorship of the work the right to object to any mutilation or
deformation of the work which would damage the author’s honor or reputation.
Berne convention: Minimum duration
Until 50 years after author’s death Until 50 years after publication (anonymous
works) Until 50 years after publication/release
(audiovisual works) Until 25 years after creation (applied art,
photographs)
Other copyright conventions
Universal Copyright Convention (1952) WTO – TRIPS (Agreement on Trade-Related
Aspects of Intellectual Property Rights) WIPO Copyright Treaty (1996)
Legislation per country/region
Collection of Laws for Electronic Access (CLEA)http://www.wipo.int/clea/en/Access to all legislation on intellectual property per
country or region
Crews KD, Ramos J. (2006) Comparitive analysis of World Copyright Law: Issues for University Scholarship.http://copyright.surf.nl/copyright/files/
International_Comparative_Chart_Zwolle_III_rev071306.pdf
Automatic protection
Formal registration of copyright is not necessary, but can give additional benefits in some countries (e.g. USA)
A copyright notice is not required, but it… Makes clear that the work is copyright protected Shows who the copyright owner isSo, it is strongly advised to give it!
Copyright notice
Consists of the word copyright or the symbol © the year of first publication the name of the copyright owner
Examples: Copyright 2010, John Johnson© John Johnson 2010
In the Netherlands you write:“dit werk is auteursrechtelijk beschermd”
Copyright owner
Initially: Author Supervisor Employer of the author
A copyright can be partly or completely sold, given away, waived or inherited Written and signed document License for some rights
Question 1
Are you allowed to make a copy of a research paper for personal use?
Yes No
Question 2
Is a lecturer allowed to make copies of a research paper for distribution among his or her students?
Yes No
Question 3
Is a librarian allowed to make a copy of a research paper for you?
Yes No
Question 4
Do libraries have to pay a lending remuneration?
Yes No
Question 5
Who owns copyright of a MSc thesis? … and of a PhD thesis?
Question 6
Does public availability of a work on internet mean that it is in the public domain (i.e. not copyright protected anymore)?
Question 7
Is plagiarism the same as violating copyright?
Reasons for legal uncertainty
Use of undefined words: original, substantial, reasonable
New situations Agreements between stakeholders
Verdicts in law cases
So, it is a matter of risk management when you deal with copyright
ReadersStichting PRO Short pieces:
Compensation paid in advance Not necessary to ask for permission Lecturer has to send (part of) reader to Stichting PRO
Long work: Lecturer has to ask copyright owner for permission
directly or via Stichting PRO
Library Some licenses with publishers allow for inclusion of
articles in readers, see http://library.wur.nl/copyright/
Creative Commons
http://creativecommons.org/videos/wanna-work-together
Creative Commons
From “All rights reserved” to “Some rights reserved”
AttributionShare alikeNon-commercialNo derivative works
Six licenses:
Public domain
= No copyright on the work
Copyright is expired All law text or jurisdiction (Netherlands) or
government publications (USA) The author waived the copyright (you keep
some moral rights) CC0 – ‘No rights reserved’ license Written statement by the author
Science Commons
Access to publications Material transfer agreements Exchange of data Databases Patents Software
Introduction to Science Commons by Wilbanks and Boyle (2006) http://www.sciencecommons.org/wp-content/uploads/ScienceCommons_Concept_Paper.pdf
Open Access to Knowledge
Berlin Declaration (2003)http://oa.mpg.de/openaccess-berlin/
berlin_declaration.pdf
Open Access Publishing
Online free articles (and datasets) Golden road open access with open access journals
Green road open access through repositories and/or self-archiving
http://www.openaccess.nl
Open Access Journals (Golden Road)
Traditional business model Researcher writes paper and transfers copyright to publisher Publisher publishes the paper in a subscription based journal Researcher is restricted in re-using the paper for other
purposes Access to the paper is limited
Open Access model Author pays publisher to publish a paper Author keeps copyright Access to paper free
Author-paysmodel
Wageningen UR library has an Open Access fund
NWO just started a fund
UKB-Springer Open Choice dealNo fee for OA
Directory of Open Access Journals http://www.doaj.org/
Repositories (Green road)
Institutional repositories NARCIS http://www.narcis.info/index HBO Kennisbank http://www.hbo-kennisbank.nl
Subject repositories Example: ArXiv.org
Directory of Open Access Repositories http://www.opendoar.org
Wageningen University repository Wageningen Yield http://library.wur.nl/way
Online PhD theses, since September 2002 Some with embargo of 6 months
Reports Abstracts, conference papers Journal articles
Pre-prints (version before peer review) Post-prints (version after peer review) Final version (published version)
What is allowed?
Open Access articles can be archived without restriction (from an author’s point of view)
For all other journal articles it depends on what you agreed with the Publisher Copyright Transfer Agreement SHERPA/RoMEO website
http://www.sherpa.ac.uk/romeo/
Alternatives for the Copyright Transfer Agreement Author rights, your rights
http://www.youtube.com/watch?v=hWZ_ZYbAIyg&feature=player_embedded#
SURF Foundation: License to Publish Publisher can publish the paper and make money with it Author keeps copyright Delayed access in repositories
SURF Foundation/JISC: Copyright Toolbox http://copyrighttoolbox.surf.nl/copyrighttoolbox/
The “Copyright Landscape”
Copyright in higher education: http://www.surffoundation.nl/Auteursrechten/en/Pages/Default.aspx
http://dx.doi.org/10.1093/database/bap024