Copyright s relationship with open access - legislative framework that contextualizes oa policies and practices
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1. Under copyright law, there are three main sets of rights: economic rights that allow authors to control certain uses of their works, moral rights in some jurisdictions, and users' rights that allow certain uses without permission. 2. University policies determine ownership of works created by faculty and staff. They may claim ownership if substantial university resources were used, or allow open access through non-exclusive licenses. 3. Open access removes price and permission barriers by making works freely available online while allowing authors to retain copyright. It aims to maximize dissemination of knowledge through options like Creative Commons licenses that permit broader uses.
![Essence of copyright
Authors create works.
They hold rights in the works, limited time (life + 50 [or
70 or…] years).
There are limitations and exceptions to authors’ rights in
most jurisdictions*.
There are penalties for infringing the rights of the
authors.
Victoria Owen 2012](https://image.slidesharecdn.com/victoriaowen-copyrightsrelationshipwithopenaccess-legislativeframeworkthatcontextualizesoapoliciesan-131024105943-phpapp02/85/Copyright-s-relationship-with-open-access-legislative-framework-that-contextualizes-oa-policies-and-practices-6-320.jpg)
Copyright s relationship with open access - legislative framework that contextualizes oa policies and practices
- 1. Copyright’s Relationship with Open Access ~ Legislative Framework that Contextualizes OA Policies and Practices Victoria Owen MLS, LLM (IP) Chief Librarian, University of Toronto Scarborough Chair, IFLA - Copyright and Other Legal Matters 4th Annual Lusophone Open Access Conference São Paulo, Brazil October 7th, 2013
- 2. How does copyright law relate to Open Access? Does copyright support or oppose OA? • Approach it from the legal side • Look at applicable laws from the perspective of the academic
- 3. What are your rights in the scholarship and learning tools that you have created? • Under the law • Through your University • In Open Access
- 4. Framing your intellectual property (IP) rights What is the context for your rights? What do you want to achieve with the dissemination of knowledge?
- 5. Copyright Basics National context – Copyright legislation Everything that applies to copyright is in the Act Copyright’s balance* a. b. Public interest goal - Reasonable access to works for the benefit to society Private interest goal – Rewarding creators The Act enshrines sets of rights that apply to all protected works Victoria Owen 2012
- 6. Essence of copyright Authors create works. They hold rights in the works, limited time (life + 50 [or 70 or…] years). There are limitations and exceptions to authors’ rights in most jurisdictions*. There are penalties for infringing the rights of the authors. Victoria Owen 2012
- 7. 1. Under the law: three sets of rights Economic Rights* 1. Produce or reproduce, translate, perform, publish, adapt, communicate… Moral Rights - in some jurisdictions 1. Integrity of the work, association with the work Users’ Rights* 1. Use of works do not require permission Victoria Owen 2012
- 8. Economic rights in works S. 3 of Copyright Act - Copyright in works 1. 3. (1) For the purposes of this Act, “copyright”, in relation to a work, means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right …/ Victoria Owen 2012
- 9. Author’s economic rights 1. To produce, reproduce 2. To perform in public 3. To translate 4. To convert from one type of work to another 5. To make sound recordings or cinematographs 6. To communicate by telecommunications 7. To present at a public exhibition 8. To rent computer programs 9. To sell or transfer ownership of a tangible object 10.To authorize any of the above noted rights Victoria Owen
- 10. Ownership of rights Author / creator Assignable – usually to publisher Only one owner of copyright at a time * Victoria Owen 2012
- 11. Users’ rights Recall the carve out for unsubstantial takings Exceptions and limitations to copyright Fair dealing, educational institutions & LAMs S.29 1. Fair dealing a. Research and private study b. Criticism and review c. News reporting d. Education e. Parody and satire Victoria Owen 2012
- 12. 2. Under the University: e.g. U of Toronto’s Copyright Policy • Determines the ownership of works Defines Instructional Software – “designed for instructional purposes that provides for interaction with the user, or makes use of multi-media products, or both, and includes technology enabled learning products in electronic format.” Rights in instructional works undertaken by teaching staff and librarians are not deemed to be undertaken in the course of employment and are owned by the author
- 13. Policy - Substantial use of University’s Resources Extraordinary provision of resources by the University • invokes a special clause giving the University the rights to revenue, according to the policy, and • Perpetual, irrevocable, royalty-free, non-exclusive license to use, revise and modify the work for research and teaching purposes • Provide this information up-front to the University
- 14. How will you manage your rights? According to the law and the University policy, you own the rights in your work. If you do nothing all the rights are reserved. You will have to deal with every request for use – or not have the work widely used The education mission allows for a different approach to works - universities espouse wide dissemination and attribution of works.
- 15. 3. Open Access provides another option Consider that open access (OA) literature is digital, online, free of charge, and free of most copyright and licensing restrictions. You retain your copyright. You make decisions about access. “OA is compatible with copyright, peer review, revenue (even profit), print, preservation, prestige, quality, careeradvancement, indexing… The primary difference is that the bills are not paid by readers and hence do not function as access barriers.” *UTSC project Bioline International – servers in Brazil
- 16. Copyright’s Relationship with Open Access Open Access Copyright Removes price barriers Permission barriers Free of charge Creator owns rights and can assign Publisher will arrange permissions and fees Determine flexibilities for commercial re-use, derivative works Publisher determines price and permissions for re-use and derivatives
- 17. Copyright’s Relationship with Open Access cont’d Open Access Freely available on the internet, to read, download or mine data Copyright Limited browsing, abstract only Behind pay wall, available through purchase Immediate access in Gold OA Embargo period before adding to IR No legal, technical or financial barriers to use Legal restrictions and financial barriers
- 18. Copyright’s Relationship with Open Access cont’d Open Access Copyright Access based on consent of © owners for new works or if in public domain Lawful access – unrestricted copying, reading, sharing, printing, downloading Wide dissemination would require copyright reform to permit use for research, education, fair dealing, etc. Option to use Creative Commons licenses Adhere to moral rights of association May recognize moral rights
- 19. Copyright’s Relationship with Open Access cont’d Open Access Copyright Use does not infringe Uses beyond exceptions infringe No royalty fees Royalty fees Write for impact, advance knowledge and career Payment expected by nonacademics
- 20. Copyright’s Relationship with Open Access cont’d Open Access Copyright Covers any digital content, data sets, raw data Works of ‘creative expression’ covered by © Facts and information are not protected Covers dissemination of publicly-funded research in some jurisdictions L&Es represent the public interest/balance in © Society’s benefit from the government’s grant of the limited monopoly of ©
- 21. Sub-Groups of OA Gratis OA No price barrier Carries copyright and licensing restrictions Limit takings consistent with the law (L&Es) Libre OA Removes price barriers and some other restrictions Allows use beyond fair use
- 22. Copyright’s Relationship with Open Access Copyright has a dual purpose – the dissemination of knowledge and the protection of the rights of the creator. Open access is compatible with many facets of copyright law. The main areas of divergence relate to economic rights and users’ rights.
- 23. Thank you. Victoria Owen, MLS, LLM (IP) Chief Librarian UTSC Library