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) 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. rt_Zwolle_III_rev 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 is So, 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

Readers Stichting 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

Creative Commons together together

Creative Commons From “All rights reserved” to “Some rights reserved” Attribution Share alike Non-commercial No 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) content/uploads/ScienceCommons_Concept_Paper.pdf

Open Access to Knowledge Berlin Declaration (2003)

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

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 deal No fee for OA Directory of Open Access Journals

Repositories (Green road) Institutional repositories NARCIS HBO Kennisbank Subject repositories Example: ArXiv.org Directory of Open Access Repositories

Wageningen University repository Wageningen Yield 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

Alternatives for the Copyright Transfer Agreement Author rights, your rights &feature=player_embedded# &feature=player_embedded# SURF Foundation: License to PublishLicense to Publish Publisher can publish the paper and make money with it Author keeps copyright Delayed access in repositories SURF Foundation/JISC: Copyright Toolbox

The “Copyright Landscape” Copyright in higher education: