Thinking about resource issues: copyright and open access

Editor's Notes

• #2: I’m thinking that you are probably only too painfully aware of the extent to which issues of copyright and access affect your functioning as an educator and that of your students! As you develop courses for health systems development, you must run into the ethical issues of copyright quite often. Have you experienced difficulties? Anything scarey happen? Did you feel uncomfortable using copyright content? I am from the library. We think about resource issues a lot! Libraries providing access to published information and in fulfillment of this mission have to operate quite closely within legal frameworks. Often this means preventing the public from accessing our collections. My own background has been as a researcher and practitioner in the area of open access, which is predominantly interested in clearing barriers to peer reviewed literature. Something to bear in mind is that this is an international grouping so each of us is subject to different legal jurisdictions but most countries are signatories to Berne Convention and various WIPO treaties so we are working with roughly similar conditions. he regulations of the Berne Convention are incorporated into the World Trade Organization's TRIPS agreement (1995), thus giving the Berne Convention effectively near-global application.[17] The 2002 WIPO Copyright Treaty enacted greater restrictions on the use of technology to copy works in the nations that ratified it. (Wikipedia)
• #3: As a result of our own individual circumstances and experiences, We could probably argue for a long time about whether the original concept of copyright is appropriate for an information age. England enacted the world’s first copyright law in 1770, known as the Statute of Anne, to regulate the copying of books on printing presses. We understand that copyright is intended to give authors and creators incentive to create new works and to earn some money for their efforts. Interestingly, you’ll see that the underlying purpose of this beneficiation is that science and arts (knowledge) should progress or grow. Yes, the creators should enjoy the fruits of their labour – but the overal intention is to promote intellectual enrichment of the public. That was the original conception. And they retain protection for a fixed period after which copyright expired. Originally, that period was for around 14 years but can now be extended to between 70 and 100 years after the death of the author. IN SA publishers has copyright protection on publication for 50 years from when they were published. It is based on the assumption that the methods of reproduction and dissemination are costly
• #4: Within academia we often struggle with the concept of commercialisation of knowledge and information. This slide gives an overview of some of the topics I’ll be covering with you today. The underlying message is: Information Has Value. “(I)nformation possesses several dimensions of value including as a commodity, as a means of education, as a means to influence, and as a means of negotiating and understanding the world. The flow of information through systems of production and dissemination is impacted by legal, socio-political and economic interests.” Framework for information literacy for higher education (ACRL, 2014). We are all consumers and producers of information, we use it to construct knowledge and make sense. It’s a little artificial to separate these activities, but it could help us conceptually make our way through copyright and open access which are intrinsically linked as I’ll show a little later Isaac Newton famously acknowledged that his work rested on the foundations of previous scholars. Sharing knowledge is one of the fundamental norms of scientific research practice. You’ll agree that the information universe we are part of today offers many opportunities for copying, sharing, remixing and repurposing of information. Some are thinking that our copyright regime needs to be recalibrated.
• #5: Internet may be free, but copying from it is not. Doesn’t have to have the copyright symbol, it’s automatic Under the Berne Convention, copyrights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" a copyright in countries adhering to the Berne Convention.[12] As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the copyright expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto the Convention.  Even ideas scribbled onto a napkin is automatically copyrighted. Copyright holder controls how the work can be used and has the right to seek damages for infringement Excluded from copyright: things in the public domain: this includes well-established facts (common knowledge), concepts and ideas (which should be acknowledged through reference).dates Plagiarism is concerned with protection of ideas; copyright protects “fixed expressions of ideas”. Plagiarism is the act of misrepresenting the ownership of an idea. Morally wrong and has serious negative consequences. It is the expression or manner of telling, the words, the drawing, the output that is protected, not the ideas. Public domain sites: Simthsonian Institution; New York Times Public Domain Archives; Project Gutenberg ebooks, Librivox audiobooks, Prelinger Archives.
• #6: Fair use is not the same as fair practice and fair dealing. SA law speaks of fair dealing and is more restrictive than fair use. Not defined in the law
• #7: Tussle to maintain a proportional/fair balance between the rights of users and those of the rights holders. The determined little terrier on the left wants more exceptions; greater liberty to control use of content; The fierce Dobermann on the right represents the power of big business who tenaciously demands a bigger share. Use of digital technology for the creation, dissemination, exploitation, and consumption of copyrighted material warrants a shift in the way we perceive the copyright rules In 2005, music fans learned (as a result of the independent effort of computer researchers) that Sony BMG had included copy-protection software in millions of music CDs that could create serious security and privacy problems on personal computers. The software actually did much more than just preventing copying, including reporting customer listening habits. This all happened to customers without appropriate notice and consent.6  DRM, i.e., technologies that limit what you can do with the content you buy, usually in the name of reducing copyright infringement. In an era of inexpensive cameras and optical character recognition (OCR) technologies, scanning books will just get cheaper and easier over time. Anything that can be read by humans can be photographed, OCR'ed, and uploaded — DRM will not change that. Second, DRM inevitably alienates at least some potential customers. Third, DRM will put the power in the hands of the technology companies that control the DRM standards, rather than authors and publishers, by locking customers and businesses into a proprietary platform. Electronic Frontier Foundation, 2010. Digital books have the potential to transform access to knowledge, in the U.S. and abroad. With physical books, access to books can be impeded by three barriers: archiving (physical books are expensive to preserve); indexing/search (even where catalogues are available online, searching for relevant books on a given topic can be difficult, and many books are not yet indexed); and obtaining books (once you find a book you think you want, you may need to buy it, borrow it or, if you have access to a library with the right relationships, attempt to order it via interlibrary loan). These barriers have traditionally hampered access to paper books; in areas without resources or first-class libraries, access to books can be well-nigh impossible. Hague Declaration Re:Create
• #8: Our own collections are shrinking, not growing, as we cancel unaffordable databases and journals. How did we get to this? In the world of academia, decisions concerning use of the work, such as distribution, access, updates and any use restrictions belong to the copyright holder. Authors who hve transferred their copyright without retaining any rights may not be able to place the work on course websites, copy it for students or colleagues, deposit the work in a public online archive, or reuse portions in a subsequent work. That’s why its important to retain the rights you need. Licensing is when a copyright owner gives permission for someone else to do something normally restricted by copyright law. Centivany: “A mismatch between the accepted cultural goals and the availability of legitimate means to accomplish those goals pushes people towards deviance” She is writing in relation to a group of 13 university libraries who agreed to digitise their books to enable text mining for out of copyright titles, and for conversion for disabled readers
• #9: “The basic issues relating to placing material on online resources, whether it be on the Web, a personal blog, intranet, institutional repository, in ETDS,  elearning /online distance learning platforms, social media, etc. , is that if it is copyrighted, then permission is required, unless the publishers have specifically allowed the material to be placed online, e.g. SHERPA/ROMEO  has 716  publishers who allow PDF published articles to be placed on IRs (see: http://www.sherpa.ac.uk/romeo/PDFandIR.php?la=en) or those that allow certain versions, such as the pre-print or final manuscript peer-reviewed versions only.  “
• #10: We try to comply and it’s an expensive business. Some institutions are fortunate to afford blanket copyright licences Much easier but very costly. Trying to protect or cover ourselves from risk of litigation and damage to our institution
• #11: Ensuring that content licensed to the University is used legally (ie, by staff and students affiliated with the institution). Sharing access points with students via Learning management systems, so that they may authenticate themselves.
• #12: The CHS Librarian pointed me to the first two links but I am aware of the other generic open access sources There are 1784 English language OA medical journals in DOAJ. Many are indexed at the article level meaning that you can search for highly specific case based studies. BASE stands for Bielefeld Academic Search Engine. The University of Bielefeld harvests content from all the repositories in the world, including our own. I am encouraging you to look into open textbooks: All textbooks in this library are complete and openly licensed. Psychology, anatomy, sociology, biology. OTL = initiative of Rice College funded by philanthropists such as the Hewlett and Gates Foundations Open Stax College = texts are prepared by a network Purdue, Minnesota State Universities and Colleges, Virginia Tech, Ohio State, Cleveland, Arizona, California Polytechnic Dietary Salt Intake and Cardiovascular Disease: Summarizing the Evidence Public Health Reviews, Vol 33, Iss 2, Pp 532-554 (2011) Acknowledge your sources even if the works are free
• #13: Pedagogy and scholarship grow and change with technology; more and more of what university professors do implicates copyright. Fair use is the legal doctrine that empowers members of the academy to do their jobs without having to ask or pay for permission. taking advantage of their fair use rights to get things done. Purpose of use: FAIR: non-profit, educational, scholarly or research use; criticism or commentary; transformative use; creating a new purpose or meaning AGAINST FAIR USE: commercial use or decorative use Nature or type of the work: FAIR: Using publisyhed, fact-based works (eg, non-fiction) AGAINST FAIR USE: Using highly creative works (eg, poetry, fiction) Amount used: FAIR: using only the amount needed for a purpose; using small or less significant amounts. AGAINST FAIR USE: Using the entire work, particularly when not needed for the given purpose; using the “heart of the work”; or a proportionately large amount Market effect: FAIR: Use that has no effect on the market for the work, or it is not possible to obtain permission to use the work. AGAINST FAIR USE: Use that undermines/competes with the existing market for the work. Or permission can be obtained readily for your purpose at reasonable cost. MIT Libraries: Fair use quiz at http://libraries.mit.edu/files/ospcl/fair-use-quiz/ Acknowledging the source of material that you have incorporated
• #15: Who said this?
• #16: The video from Creative Commons New Zealand, explaining the licences. Don’t forget CC0 CC Zero, waiving all copyrights.
• #17: Getting permission from others may not be as hard as you think, but does require planning ahead. Creative Commons and Open Access gives us tools that allow us to share our work with greater control over the rights we want to give others. Imagine your course is a basket of goods. Here is how to turn your learning content into an OER. s (epidemics, climate, energy).
• #18: How much easier would all this work be if open access became the default for educational and scholarly papers? Which CC licence is this? CC-BY
• #19: For at least a decade, the open access movement has been advancing an opportunity to bring about a more equitable regime for academic texts of various kinds, but particularly the scholarly research article. Lisbeth Levey: OA journals and publishing options in the Health Sciences Refers to resources that are freely and publicly accessible to anyone worldwide. Depending on the particular terms of use, one is usually free to copy, modify, or distribute the content under one of the Creative Commons licences. Open Access is compatible with copyright law and with traditions of peer review and citation. OA is particularly important within the African context because journal subscriptions are so expensive. Although HINARI Access to Research in Health Programme extends access, it is conditional, temporary and are likely incomplete. If Africa’s research output is to reach the scientific community worldwide, it must be widely accessible. National Institutes of Health, and the Eu 2020 Horizon Programme represents 20billion Euro of research funding over 7 year period. Results must be publicly accessible. Becoming a new standard for research and education Within AJOL there are 165 open access health sciences journals. African Health Sciences, Journal of Community Medicine and Primary Health Care Article processing charges for journals published by BioMed Central can be very expensive; therefore very important that you include publishing fees with your research budget. These fees are often reduced or eliminated for authors from developing countries. (Author choice: hybrid journals published by Wiley, Elsevier or Springer) Ask Librarian to help you discover suitable OA journal that is a respected (ie, non predatory) title.
• #20: SPARC: Video “Author Rights” (mouse over the slide) Transferring copyright doesn’t have to be all or nothing. It’s a sharing model between author and publisher. Granting a licence to publisher in place of transfer of copyright: split up the copyright and move it around. Specify some rigths that are retained by the author, specifically the right to deposit a copy of that work in a repository, the right to be able to use your own work in connection with your own teachng and research. Publishers require only the author’s permission to publish an article, not a wholesale transfer of copyright.Many publishers now anticipate an author's legitimate need to distribute and repurpose his work and no longer require exclusive rights to publication. Some publishers balance their interest in recouping publishing costs with the author’s desire to disseminate their ideas broadly, placing a short-term embargo on the open access archiving of the work.  UWC accepts a maximum embargo of 12 months after date of publication.  Contracts often prohibit placing the published work •on course websites •in a course-pack •in scholarly presentations •on the author’s personal web page •and in institutional repositories
• #21: Publish as usual, but retain some rights Primary author to attach UWC Addendum to Publishing Agreement/Contract Communicate your requirements Publisher is free to accept or refuse Send your author post=print (final version after peer review); the repository will apply copyright embargoes as needed.
• #22: Fair Use Quiz. MIT Libraries. Downloaded from http://libraries.mit.edu/files/ospcl/fair-use-quiz/ Denise Nicholson. (private correspondence) Notes, Questionnaire, lesson plan Justin Bathon. [YouTube video] Education, law & copyright uploaded 2011. Available at https://www.youtube.com/watch?v=qhFTNLbpBlY Ryan K Hew. [Blog] Draw the law: Fusing contract and property law. June 19 2012. Available at https://hawaiiesquire.wordpress.com/2012/06/19/draw-the-law-bill-of-sale-fusing-contract-and-property-law/ Alissa Centivany. (2015). Innovative Deviance: A Theoretical Framework Emerging at the Intersection of Copyright Law and Technological Change. In iConference 2015 Proceedings. Available at https://www.ideals.illinois.edu/bitstream/handle/2142/73651/171_ready.pdf?sequence=2 Lisbeth Levey. (2013). Open access journals and publishing options in health sciences. Available from http://www.oerafrica.org/resource/open-access-journals-and-publishing-options-health-sciences MIT Libraries: Weighing the Four Factors. Fair Use Quiz. Downloaded from http://libraries.mit.edu/files/ospcl/fair-use-quiz/ OER IPR Support (2012) Turning a resource into an OER resource. Available from https://www.youtube.com/watch?v=CUVW5fhQP2k OER IPR Support (2010) Understanding IPR and licensing for your OER. Available from http://www.web2rights.com/OERIPRSupport/