Open access and copyright

Open Access Resoures & Copyright

by Pamu.Sudhakar Asstt.Librarian,

CESS, Hyderabad,pin 500 016

Introduction • Open Access (OA) has evolved before

the advent of internet• Universal Access is not a synonym of

OA • OA as a term was given a formal

meaning by Budapest Open Access Initiative (BOAI)

• The OA movement has greatly stimulated the debate on Copyright in the scholarly communication system

• It created a number of entirely new Copyright models

Need and Purpose

• Society benefits from the open exchange of ideas

• Access to information is essential in national development

• Access to copyrighted materials invokes creativity and facilitates the development of new knowledge.

• Intellectual Property is the lifeblood of progress in the Sciences and Arts

• New knowledge comes from nowhere. It is developed from existing information…cont

…Need and Purpose

• Authors build on the intellectual products of others to create new works

• Copyright exists for the public good • Copyright meant to balance the

competing interests of creators, publishers, and users.

What’s wrong with the Traditional Model?

• Severe disadvantages of restrictive access

• Political Argument – pay taxes, have access

• Increasing cost of subscriptions • Transfer of copyright

Open access ... beyond access

• OA is changing scientific papers • OA is changing scientific communities • OA is changing the relationship

between research and society OA spreads beyond publications to data, protocols, software, research instruments and through that is changing science Will research shape its (legal, economic) environment? etc

Definition of Open Access (OA)

• There are many, varied definitions of Open Access

• The most widely used definition is Budapest Open Access Initiative (BOAI).

• Open Access = free access + re-use• The immediate, online, free availability of

research outputs without the restrictions on use commonly imposed by publisher copyright agreements

Why Open Access ?

• Not everyone has access. This may be because of money or location.

• Open access enables global communication and collaboration.

• Open access might keep prices and permissions reasonable

…Open Access

• Can cover a variety of research outputs – Journals – Books – Theses – Data

Two routes to Open Access

• Gold : “ Author-pays” publication model

• Green : Self-archiving

Routes to Open Access: Gold

• Researcher submits an article to publisher • Publisher makes the article freely available

on publication • Cost of publication covered by a one-off

fee paid by the author – “author-pays” fee • Some journals are wholly Open Access • Others are “hybrid”: they operate on the

traditional subscription model but have an Open Access option

Routes to Open Access: Green

– Author deposits an article either before (preprint) or after (postprint) publication into an Open Access repository

– Repository makes copies available on publication or after an embargo period

– Subject-based repositories for some subjects

– arXiv - physics – UK PubMed Central – life sciences

– Most UK universities now have institutional repositories

– Sussex Research Online

What does open access mean to Scientific Research ?

• Freely available thru the Internet • Author retains copyright • Redistribution and re-use • Permanently archived in an

internationally recognized repository ( e.g. PubMed Central)

Open Access Policies

• Mandatory – requires researchers to make their work open access

• Voluntary – encourages and requests researchers to make their work open access

Concerns about open access

– Uncertainty about format/versions and the relationship between bibliographical references and full text submission

– Copyright and intellectual property rights issues

– Concern about correct citation linking and publisher requirements

– Peer review – Etheses - pre-publication concerns, embargos

and copyright – Cost of author-pays (Gold) model – Challenge for not-for-profit smaller publishers

Benefits of Open Access

– It offers an opportunity to maximise the impact of their work 

– An institutional repository will provide better visibility than a personal or departmental website 

– To secure the long-term preservation of their research outputs

– Often part of their legal obligation to their funder

– An institutional repository can be used to feed articles/data to researchers’ home pages and CVs

– Digital technologies have revolutionized how creative works are made, distributed, and used

Copyright = ©• all rights are reserved for author• set of exclusive rights granted for author • opposite of copywrong • not to be confused with copyleft,

copywrite, copyup, copydown, or copyinverse

• copyright laws varies by jurisdiction

Indian Copyright Act

• three distinct phases in the span of 150years.Namely

• Phase 1 : copyright act 1847, the copyright term is, lifetime of the author and 7 years from post mortem (totally not to exceed 42 years) .

• Phase 2 : copyright act 1914, term of copyright from fifty years post mortem.

• Phase 3 : copyright act 1957, term of copyright from sixty years post mortem.

Indian Copyright (Copyright Act, 1957)

– Artistic Work ,– Literary Work – Audio, Video and Records – Software

Definition of copyright – Copyright is a right given by the law to

creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.

– It is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

CREATIVE COMMONS LICENSES (CC)

• Creative Commons licenses make copyright about opportunities.

• Creative Commons provides tools for creator to grant permission ahead of time.

• These permissions include the right to copy/distribute, perform, display, build upon, and remix.

• CC licences can modify copyright terms to best suit his /her needs

…Creative Commons (CC)

• founded in 2001, San Fransisco, California, USA

• Founder Lawrence Lessing . • CC slogan is Share, Remix, Reuse –

Legally• Only CC licenses consist of three

crucial parts: • human-readable • lawyer-readable • machine-readable

So how does CC work ?

• CC licences are free to avail

• easy to use tools

• work alongside copyright

• All rights reserved to Some rights reserved

four major conditions of the Creative Commons

• Attribution (BY): let others copy, distribute, display, and perform copyrighted work-and derivative works based upon it. requiring attribution to the original author;

• Share Alike (SA): allowing derivatives works under the same or a similar license (later or jurisdiction version);

• Non-Commercial (NC): let others copy, distribute, display, and perform copyrighted work-and derivative works based upon it .requiring the work is not used for commercial purposes; and

• No Derivative Works (ND): allowing only the original work, without derivatives.

• Visit http:// creativecommons.org

six major licenses of the Creative Commons (CC)

• Attribution (CC-BY)• Attribution Share Alike (CC-BY-SA)• Attribution No Derivatives (CC-BY-

ND)• Attribution Non-Commercial (CC-

BY-NC)• Attribution Non-Commercial Share

Alike (CC-BY-NC-SA)• Attribution Non-Commercial No

Derivatives (CC-BY-NC-ND)

Importance of libraries in Open Access

Libraries Can Provide Enhanced Access to OA Works.

Libraries Can Be Digital Publishers of OA Works.

Libraries Can Build Specialized OA Systems.

Libraries Can Digitize OA Versions of Out-of-Copyright Works.

Libraries Can Preserve OA Materials Libraries Can Subsidize Author Fees

Conclusion

• Open Access and Copyright are two sides of the coin.they are to be balanced.

• They carry equal weight. They are inseparable.• Open Access and Copyright will have no death. • We, the social beings have to collaborate, Share,

Remix, Reuse — Legally (slogan of CC) the information and mention attribution for name and fame (for impact and citation) or perish.

• We loose nothing financially • so we all with a strong commitment contribute

something in our professional fields (write a paper and publish) in the environment of Open Access (journal) which indirectly implies our share in the development of our Nation …cont

…conclusion

• Even though we did best in Open Access Initiatives

• still a lot to do, much to accomplish. • Hope we do our best to SHINING

INDIA • India become “ information hub” in

the developing countries. • I dare to dream much, even a little bit

we achieve, I will be happy.

References • Open Access: A Matter For Definition Society for Scholarly

Publishing(SSP)• Issue Status Report June 2004, Prepared by Barbara

Meyers• Open Access Overview : PETER SUBER

http://www.earlham.edu/~peters/fos/overview.htm• Budapest Open Access Initiative: http://www.soros.org/openaccess/• balancing author and publisher rights: (author :kcomlekci)peter

SUBERwww.earlham.edu/~peters/fos/newsletter/06-02-07.htm (accessed on 20/09/2010)

• Copyright Issues in Open Access Research Journals : The Authors' Perspective: Ester HOORN & van der GRAF,M /D-Lib Magazine, Feb 2006,vol12#2(accessed on 210/10/2010)

• Creative Commons http://www.creativecommons.org • Repositories, Copyright and Creative Commons for Scholarly

Communication By Esther HOORN, Ariadne, issue45, Oct 2005 (accessed on 20/09/2010)

• http://www.arl.org/bm~doc/framing_issue_may04.pdf (accessed on 20/10/2010)

• Taylor,k(2007) Copyright and research: an academic publishers perspective 4:2 SCRIPTed 233 DOI: 10.2966/SCRIP.040207.233 http: //www.law.ed.ac.uk/ahrc/srip-ed/vol-4-2/taylor.asp

• Open Access and Libraries By CharlesW. Bailey, Jr.(1/11/2006) (accessed on 20/09/2010)

…refernces• www.google.com• www.wikipedia.org• www.slideshare.net• copyright and research :an archivangelist’s

perspective by A A Adams SCRIPTed vol 4-iss3,Sep 2007

• Open Access initiative in access to technical ...RECIIS-Elect.j.commun.Int.Innov.Health.v.1.n.1.p.19-26,Jan-Jun.2007

• B(RAZIL),I(NDIA),S(OUTH) A(FRICA) Copyright Review(pp21-34) http://www.africancommons.org/2009/06/ our-contexts-our-rights--copyright-in-bisa/ (accessed on 28/09/2010)

Thank You

• My Email [email protected]