A research-friendly copyright environment for open science and innovation

Jean-François Dechamp, Pharm.DEuropean Commission, Directorate General Research & Innovation

Nordic Conference of Reprographic Rights OrganisationsHelsinki, 26-28 August 2015

Disclaimer

The views expressed do not necessarily reflect the views of the European Commission.

The European Commission is a...

Policy maker• It proposes EU legislation• It legislates with other Community

institutions (European Parliament, Council...)

• It invites Member States to actFunding agency

• It sets its own rules for EC-funded scientific research and innovation

Capacity builder• It funds projects that support EC/EU

policy

Who's who?

Andrus ANSIPVice-PresidentDigital Single Market

Günther OETTINGERDigital Economy and Society DG CONNECT

Tibor NAVRACSICS Education, Culture, Youth and Sport DG EAC & JRC

Carlos MOEDAS Research, Science and Innovation DG RTD

Commissioner Moedas and DG RTD

Our objective: optimise the impact of publicly-funded scientific research

• At European level (FP7 & Horizon 2020)• At Member State level

Strong signals from researchers and innovators that we need a change in approach of data analytics (TDM)

• Risk of consequences for future of research base and growth in the EU

Our strategy • Digital Single Market• Open Innovation, Open Science, Open to the world

How do researchers publish their results and why?They are both producers (authors) and consumers (readers)

• As authors: researchers receive neither financial reward nor 'fair remuneration' for their scientific publications

Disseminating results is part of the job they are paid for / Exceptions may exist e.g. for books• As readers: researchers pay for accessing (their/other) publications;

they even accept to pay for covering the expenses of making their own publications available to everybody (i.e. open access publishing)

This is done e.g. through the libraries via subscriptions, payment of Article Processing Charges etc.

The (non-financial) reward, as an author, is the measure of the impact of their papers on their peers and on societyAuthors may be 'pressed' to handle the copyright to the publisher even when alternatives exist (e.g. CC licences)

• The EU copyright legislation cannot pretend to be used to change this practice

• Horizon 2020 encourages authors to keep their copyright

What are we talking about?

TDM, Content Mining, Data Analytics...• Not only Text but also Data (AV material, chemical formulas...)

Increased amounts of freely available or legally accessible content (in part. through Open Access)

• The 'mining' we talk about is not stealing material!Multi-disciplinarity of research and TDM practices

• Different fields of research hence different sourcesTDM is subject to lawful access

• Legal hurdles e.g. abstract minable but not the whole paper, potential cases of researchers infringing copyright and/or 'delocalising' TDM activities

Non-legal issues e.g technical barriers• Not resolvable by legal action

What about licences?

Licences are a combination of permissions and prohibitions

• Not all content available for mining is protected by copyright

• Additional costs, loss of time, risks (that licences are not granted, use of the results of mining is restricted...) etc.

• Academics (and many innovators) say that licences do not work and are not desired

• Open Access publishers have reported no problem and usually allow TDM without additional controlling measures

• Remember Licences for Europe!

The experience of 2013-2014

EC Public consultation• By the EC, from Dec. 2013 – March 2014• Out of eleven EU Member States that have answered, IE, SK & UK are

in favour of an exception – whereas EE & LV also express some openness towards further studying legislative changes. Three EU Member States favour licensing as the solution (IT, FR & PL)

Study on economic impact• Charles River Associates (October 2013) for the EC

Study on the Legal Framework of TDM• De Wolf & Partners (March 2014) for the EC

Mapping TDM in Academics and Research Communities in Europe

• Lisbon Council Briefing (May 2014)

Expert Group Report on TDM

Five external + one in-house experts• Chair Prof. Ian Hargreaves• Sections on Stakeholders views, Economic issues and Legal

issues• Report released in April 2014

Their own conclusions1. Licensing initiatives, as a prologue to legal reform2. Exception to remove TDM for scientific purposes from the

reach of European copyright and database, as a short-term amelioration

3. Strategic reform of copyright and database law, as a long-term solution

Reactions to the EG Report on TDM

Critics from FEP (Federation of European Publishers)• Unsubstantiated report, questionable assumptions and wrong facts

(e.g. US/Europe), solutions already offered by publishers, potential harm to right holders not taken into account, unfounded claim of 'fair use'...

Analysis of FEP criticized by LERU (League of European Research Universities) and LIBER (Association of European Research Libraries)

• Negative impact of current legal uncertainty, insufficient and inadequate solutions offered by publishers (e.g. click-through licences), international co-operation, contract overriding national principles, commercial activities, technical protection measures...

Globally welcome by academic community

A new European Commission

European Commission

EC Communication "A Digital Single Market Strategy for Europe" (6 May 2015)

• Innovation in research for both non-commercial and commercial purposes, based on the use of text and data mining (e.g. copying of text and datasets in search of significant correlations or occurrences) may be hampered because of an unclear legal framework and divergent approaches at national level. The need for greater legal certainty to enable researchers and educational institutions to make wider use of copyright-protected material, including across borders, so that they can benefit from the potential of these technologies and from cross-border collaboration will be assessed, as with all parts of the copyright proposals in the light of its impact on all interested parties.

Council of the European Union

Council Conclusions on open, data-intensive and networked research as a driver for faster and wider innovation (28-29 May 2015)

• The Council of the European Union [...] NOTES the need to promote innovation driven by text and data mining taking into account research needs, and to consider the impact, including financial aspects, of the re-use of the already legally accessible content; and UNDERLINES the need to ensure legal certainty and an appropriate regulatory framework that would facilitate a science and innovation-friendly environment for better use of data;

European Parliament

EP Report adopted on 7 July 2015 (MEP Julia Reda Rapporteur)

• The European Parliament [...] 48. Stresses the need to properly assess the enablement of automated analytical techniques for text and data (e.g. ‘text and data mining’ or ‘content mining’) for research purposes, provided that permission to read the work has been acquired;

Own initiative• Sets common views from different (political/national) opinions

The exception in 2001

[Whereas] (42) When applying the exception or limitation for non-commercial educational and scientific research purposes, including distance learning, the non-commercial nature of the activity in question should be determined by that activity as such. The organisational structure and the means of funding of the establishment concerned are not the decisive factors in this respect.[...]Article 5Exceptions and limitations[...]3. Member States may provide for exceptions or limitations [...] in the following cases:(a) use for the sole purpose of illustration for teaching or scientific research, as long as the source, including the author's name, is indicated, unless this turns out to be impossible and to the extent justified by the non-commercial purpose to be achieved;

The Legislator there and now

The 2001 Legislator• Tentatively addressed the specific situation of scientific

information with the exception for research in the current Directives

The 2015/16 Legislator• Is in a position to update and fine-tune the original

exception for research, as a long-term solution

1. An optional exception

Fact: The optional exception for research has not been (fully) implemented in all EU28 Member States

• Not implemented in EL, FI, NL, SE• Partially implemented in AT, BG, CZ, DK, ES, IE, SK• Implemented at least in BE, CY, DE, EE, FR, HR, HU, IT, LT, LV,

LU, MT, PL, RO, UKIssue: Research and Innovation is collaborative

• Research and Innovation knows no borders• Pan-European at least, international at best

Idea: Avoid the distortion within the EU and make the implementation of the exception mandatory

2. Different interpretations

Fact: To date, the UK is the only Member States that has – and only recently, clarified that the research exception encompasses TDM

• More to follow e.g. FR (in the pipeline)• e.g. Implementation under the teaching exception/quotation

exceptionIssue: The environment of nowadays research and innovation is increasingly digital

Idea: Avoid the distortion within the EU and address modern research and innovation by clarifying that the exception encompasses TDM

3. 'Non-commercial' restriction

Fact: Universities and innovative companies increasingly work together

• Multiple funding (e.g.PPP), Knowledge Transfer activities etc. • Fundamental research and applied research: large grey zone

Issue:• 'Legal flesh' around the concept of "non-commercial research"?

(e.g. any unique interpretation of "commercial purpose"?)• EU and Member States support innovation for growth and job

Idea: Bring coherence for an exception to scientific research without any consideration of 'commercial' or 'non-commercial' purposes

DG RTD Proposal (long term)

Exception 2001 Exception 2015-2016 Licences

Optional implementation

Mandatory implementation

Initiatives in licensing activities remain welcome in the short term

Subjet to different interpretations Clarified for TDM Overall condition:

the content must be accessed legally

Restricted to'Non-commercial' research

Open to any scientific research

Where are we now?

The Commission has not taken any decisions yet• All the options (legislative/non-legislative; commercial/non-commercial

etc.) are still on the tableNext steps of the overall process

• Impact Assessment (IA)Background, Problem definition, Objectives, Combination of options, Choice of instrument, Monitoring and evaluation

• Inter-service Steering Group meetingAll concerned EC services (incl. DG RTD)

• Impact Assessment BoardSubmission, meeting, opinion revised IA

• Inter-service Steering Group final meeting• Inter-service Consultation• Adoption by the Commission

Target: December 2015

Commissioner Carlos Moedas

I am for, and will always be for, an exception in Text and Data Mining

(European Parliament, 16 July 2015)

Source: Science Business

Thank you!

We want to give European researchers and innovators the best conditions to do their job!

Twitter: @OpenAccessECMail: RTD-open-access@ec.europa.euWeb: http://ec.europa.eu/research/swafs/