Open access, Open courseware & copyright. Maria RehbinderLegal Counsel (IPR)20.1.2012

Copyright

• Copyright is defined by international agreements, EU directives and national legislation implementing these.

• Protection is provided by law as soon as the work is original enough to rise above the treshold of originality

• No registration is needed, the Berne Convention prohibits registration as a requirement for protection

• Thus it is impossible not to become copyright owner if you do creative work or research

• You can then decide how you want to use your property- open acces is a possibility

• ( Copyright can be officially registered in the USA and China)

Copyright and open acces

• The owner of copyright can give user rights or ownership to others based on his /her right as a copyright holder

• Open acces lisences are based on copyright legislation and can be valid only if the person / legal entity granting the open acces lisence is really entitled to do so

• In the case of a university employee, a university usually adapts a Copyright Policy, stating how is wishes University employees to use the copyright they have to their research and teaching material

Berlin Declaration on Open Access to Knowledgein the Sciences and Humanities, signed bySuomen yliopistojen rehtorien neuvosto 18.10.2006

• Our organizations are interested in the further promotion of the new open access paradigm to gain the

• most benefit for science and society. Therefore, we intend to make progress by

• · encouraging our researchers/grant recipients to publish their work according to the principles of the

• open access paradigm.• · advocating that open access publication be recognized

in promotion and tenure evaluation.• http://www.berlin9.org/about/index.shtml

Intellectual Property that does not need to be registered : • Copyright and • Related rights • Database rights• Unregistered design right

• (Databases that have personal data are under separate privacy regulation )

Copyright

• Protects works that are original, products of creativity, artistic or literary works

• What can be used freely ?• idea, information, subject matter not protected• Protection of form, not the idea or information contained

in the form• Work that is below the originality treshold

Copyright

• In UK and USA copyright system, based on investment protection for the publisher

• In EU the authors right or droit de auteur system based on authors right

• First droit de auteur legislation in revolutionary France 1792• Traditionally moral rights of authors better protected in authors right

system• Protection similar in all Berne Convention countries. March 1,

1989, the U.S. "Berne Convention Implementation Act of 1988" came into force and the United States became a party to the Berne Convention, originality required varies nationally,

Copyright

• Protection starts from the moment of creation and last the lifetime of the author plus 70 years from the year the author died

• If there are several authors protection from the year the last surviving author died

• Can be sold, lisenced, is passed on as inheritance• What can be used freely ? Works where the protection

period has ended

Copyright

• Copyright consist of two economic rights and two moral rights

• Economic rights are the right to make copies and the right to make available to the public

• Moral rights are the paternity right and the right to respect: the name of the author has to be mentioned, the work must not be alterered without permission from the author

Related rights

• Producers right for music or audiovisual products• Broadcaster rights• Photographers right• Rights of performing artists• Protection term 50 years from the year when production

was made ( music - directive: change to 70 years )• For photographers right in Finland no originality

needed, any photograph protected • In the USA ”If it is worth copying it is worth protecting”

Database right

• A collection of independent works, data or other materials which are arranged in a systematic or methodical way and are individually accessible by electronic or other means

• Protection lasts 15 years from completion • Protection to investor, for example university, no

originality required• Original compilation can get copyright protection

Exceptions

• In USA and UK fair use • In EU exception rules allow use, for example in Finland:

Use of photos, works of art to illustrate a scientific work, citation

• Name of the author and the source have to be mentioned

• Commercial users such as publishers often demand that only cleared material be used

• Responsibility for illegally using the works of others severe, possibility of punitative damages in the USA

• The Copyright mark C can be used by all authors, informs that you are the copyright holder

• Circled C then , year of publication , the name of the author, or the company / University holding the copyright

• If you want to give acces to your work you can give information about the license with a Creative Commons mark http://creativecommons.org/

Copyright

http://creativecommons.org/licenses/by-nc-sa/3.0/us/• Human Readable Summary• Attribution — You must attribute the work in the

manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).

• Noncommercial — You may not use this work for commercial purposes.

• Share Alike — If you alter, transform, or build upon this work, you may distribute the resulting work only under

• the same or similar license to this one.

Legal Code , the Full License

• THE WORK IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE . THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

• BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE

Legal Code , the Full License

• Non-commercial means for example, that :4.i For the avoidance of doubt, where the Work is a musical composition:

• Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive right to collect, whether individually or via a performance rights society ( e.g. ASCAP, in Finland Gramex), royalties for the public performance or public digital performance (e.g. webcast) of the Work if that performance is primarily intended for or directed toward commercial advantage or private monetary compensation.

OpenCourseWare

• MIT OpenCourseWare has been releasing its materials under a Creative Commons BY-NC-SA license since 2004. Today, MIT OCW has over 1900 courses available freely and openly online for anyone, anywhere to adapt, translate, and redistribute

OCWConsortium

• An OpenCourseWare (OCW) is a free and open digital publication of high quality college and university‐level educational materials.  These materials are organized as courses, and often include course planning materials and evaluation tools as well as thematic content.

• OpenCourseWare are free and openly licensed, accessible to anyone, anytime via the internet.

• http://www.ocwconsortium.org/en/aboutus/whatisocw• Aalto plans to join the OCWConsortium

OCW Releaseform from participating staff members • 1.  GRANT OF LICENSE:A perpetual, royalty free, non-

exclusive license to use, reproduce, and distribute and permit others to copy, translate, modify, and further distribute via the [Your Institution's Name] OpenCourseWare ( "[Your Institution's Name] OCW" ) Web site and in any other media now known or hereafter developed the materials provided by me to the [Your Institution's Name] OCW pr

• http://www.ocwconsortium.org/en/community/toolkit/makingthecase/infopacket/releaseform

•  

• ogram for the Course ….

Staff Releaseform

• 4. ATTRIBUTION: To attribute any use of any of the Materials in a form that will include my name, my title or status, the year the Materials were created (as indicated on the Materials), and any copyright information

• 5.  STATUS OF COPYRIGHT: [Your Institution's Name] acknowledges that nothing in this license will constitute a transfer or assignment of the copyright in the Materials to [Your Institution's Name]. [Your Institution's Name] further acknowledges that I will continue to own any cop

Open Acces repository at the University

• Example : The MIT Open Access Articles collection consists of scholarly articles written by MIT-affiliated authors that are made available through DSpace@MIT under the MIT Faculty Open Access Policy, or under related publisher agreements. Articles in this collection generally reflect changes made during peer-review.

• http://dspace.mit.edu/handle/1721.1/49433

MIT Amendment to Publication Agreement • This Amendment hereby modifies the attached

Publication Agreement • Publication agreement is subject to an irrevocable,

non-exclusive license previously granted by the Author to the Massachusetts Institute of Technology (“MIT”). Under that license, MIT may make the Article available, and may exercise any and all rights under copyright relating thereto, in any medium, provided that the Article is not sold for a profit, and may authorize others to do the same. http://dspace.mit.edu/handle/1721.1/49433

Aalto University Publication Archive

• https://aaltodoc.aalto.fi/• Aalto University publication archive. The goal of the

archive is to increase the visibility, use and impact of the university's research publications by offering them to use through the university's own archive. The archive consists of full text materials produced in the university, such as theses, journal articles, conference publications and research materials produced by the schools of Aalto University

Intellectual Property

Intellectual Property that needs to be registered: •Patents ,Registered trademarks •Registered Designs, Utility Models•Domain names

There is special legislation concerning university researchers innovations and patents, also special regulations in Aalto regarding copyright to computer programs, these have to be enclosed by university researchers, and Aalto can transfer ownership, as a rule inventor gets 40 % of sales income (after patenting costs )

CC0 1.0 Universal (CC0 /publicdomain/zero/1.0/• The person who associated a work with this deed has

dedicated the work to the public domain by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.

• You can copy, modify, distribute and perform the work, even for commercial purposes

• In no way are the patent or trademark rights of any person affected by CC0, nor are the rights that other persons may have in the work or in how the work is used, such as publicity or privacy rights.