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Published byOscar Clarke Modified over 8 years ago
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CC licenses, resources, and current issues in OA publishing Timothy Vollmer 2 March 2016
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Public Domain Dedication Licenses
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State of the Commons
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1 billion works
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136 billio n views
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34 languages
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millions of websites
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What should we talk about?
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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
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Content re-use
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OA OER
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Legal tools & resources
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●Author addenda ●Termination of transfer ●Springing licenses ●Projects and organizations
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●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
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http://scholars.sciencecommons.org/
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●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
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●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
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●Projects and organizations ○Author’s Alliance ○SPARC ○Harvard Open Access Project ○Scholarly Communications depts
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Text and data mining
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Wanted: policies and practices that enable researchers to conduct— without restriction— computational analyses on texts and data
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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.”
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Keep copyright out of TDM? Would be nice.
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Advocate for limitations and exceptions to copyright for TDM
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UK has it, but only for noncommercial purposes
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EU thinking about it, but only for “public interest research organisations...for scientific research purposes”
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Even if copyright law would support TDM, what about incumbent publishers?
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Baseline principle: right to read is right to mine; i.e. no additional permissions needed
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In other words: Open licensing is not required to conduct text and data mining, because text and data mining is not regulated by copyright.
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OA in humanities, social sciences
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Some typical arguments against open licensing...
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●“misuse of research” ●“promotes plagiarism” ●“special needs for 3rd party content” ●“moral rights challenges”
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●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
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●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
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Marking
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https://wiki.creativecommons.org/Marking
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Q&A
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