CC licenses, resources, and current issues in OA publishing Timothy Vollmer 2 March 2016

Public Domain Dedication Licenses

State of the Commons

1 billion works

136 billio n views

34 languages

millions of websites

What should we talk about?

Content re-use powered by OA Legal tools & resources for OA authors Text and data mining WRT licensing & copyright reform challenges for OA in “new” areas, like HHS Attribution & marking options Q&A

Content re-use

OA OER

Legal tools & resources

●Author addenda ●Termination of transfer ●Springing licenses ●Projects and organizations

●Author addenda ○standard agreements that can be generated online by authors and then attached to a publishing contract to modify its terms to allow authors to publish consistent with OA terms

●Termination of transfer ○Most copyright laws give authors the ability to regain their right to distribute their works on their own terms ○Developing a ToT calculator to provide a user-friendly interface for authors to input relevant information and obtain a determination as to whether, when, and how they can exercise their rights

●Springing licenses ○a legal agreement whereby an author grants future permission to use the work under openly accessible terms ○could be implemented where embargoes required and use expiration as “triggering event” to then publish and share under open licenses

●Projects and organizations ○Author’s Alliance ○SPARC ○Harvard Open Access Project ○Scholarly Communications depts

Text and data mining

Wanted: policies and practices that enable researchers to conduct— without restriction— computational analyses on texts and data

Carroll: “even content under a [BY-NC license] can be freely mined for commercial purposes because the license applies only to uses covered by copyright, and copyright does not regulate text mining—at least in the United States.”

Keep copyright out of TDM? Would be nice.

Advocate for limitations and exceptions to copyright for TDM

UK has it, but only for noncommercial purposes

EU thinking about it, but only for “public interest research organisations...for scientific research purposes”

Even if copyright law would support TDM, what about incumbent publishers?

Baseline principle: right to read is right to mine; i.e. no additional permissions needed

In other words: Open licensing is not required to conduct text and data mining, because text and data mining is not regulated by copyright.

OA in humanities, social sciences

Some typical arguments against open licensing...

●“misuse of research” ●“promotes plagiarism” ●“special needs for 3rd party content” ●“moral rights challenges”

●open licenses do not replace norms and best practices for scholarly citation ●CC licensors may request not to be attributed at all, and can require users to remove the credit otherwise required ●“no endorsement” clause prohibits users of a work from implicitly or explicitly implying any connection with the author ●open licenses require user to identify that changes have been made ●original work remains

●CC licenses don’t license or sublicense in any respect any content that the author doesn’t own or control ●CC licenses preserve moral rights, to the extent they exist ●but 4.0 states that licensors agree to not assert any moral rights they have, to the limited extent necessary to allow the public to exercise the licensed rights ●attribution requirement in CC licenses intended to satisfy the moral right of attribution

Marking

Q&A