Intellectual Property In Scholarly Publishing Rights To
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Intellectual PropertyIn Scholarly Publishing
Rights To
What is intellectual property?It is a legal concept that refers to creations of the mind
for which exclusive rights are recognized
Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs.
Innovators (including scientists and researchers) Can protect their discoveries, patents, industrial designs, confidential information, etc.
Creative artistes Get copyrights on the musical, literary, dramatic and artistic pieces they create
Let’s simplify this further Business owners Get exclusive rights to use their trademarks
Types of intellectual property rights
Copyrights
Patents
CC licenses
CC licenses
CC licenses are
• Standard form license agreements that can be attached to a work so that it can be used under certain circumstances without the need to contact the author or negotiate terms of use
• Granted free of cost by Creative Commons (CC), a non-profit organization headquartered in the United States
6 Types of CC licensesAttribution (CC BY) Attribution-ShareAlike (CC BY-SA)
Attribution-NoDerivs (CC BY-ND)
Attribution NonCommercial (CC BY-NC)
Attribution-NonCommercial-ShareAlike (CC BY-NC-SA)
Attribution-NonCommercial-NoDerivs (CC BY-NC-ND)
More about CC licenses
CC licenses are based on copyrights. They change “all rights reserved” to “some rights reserved”.
All CC licenses are BY (attribution) licenses by default.
Basic criteria for getting a CC license are that the work should be copyrightable and should be owned by the applicant.
CC licenses are particularly useful for people who want to share their work as broadly as possible on the Internet.
CC licenses are irrevocable.
CC is a non-profit organization, so keeping track of any breaches in the use of work under CC licenses is the responsibility of the license holder.
Science CommonsScience Commons was launched by Creative Commons in 2005 to enable
easier sharing of scientific knowledge with the entire scientific community.
People are free to use an article under Science Commons in professional activities, such as teaching, conference presentations, lectures, and in other scholarly works.
Science Commons licenses provide sufficient rights to post a copy of the published version of an article online without a charge.
Many open access publishers such as PLOS and BioMed Central use CC licenses. Even Nature Publishing Group uses these licenses for some of its journals.
Science Commons projects try to mark all available research data online and streamline it for easier use.
Copyright
It’s a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time.
• In most cases, a work does not have to be published to be copyrighted
• A copyright protects the form of expression
• A copyright is usually territorial or holds good only within the country of origin, unless protected by international treaties
Patents
They provide legal
protection for an invention.
They give inventors property rights that, in
exchange for public disclosure of the
invention, prevent anyone else from making,
using, or selling the patented invention.
The procedure for granting patents,
requirements placed on the patentee, and the extent of the exclusive
rights vary widely between countries,
according to national laws and international
agreements.
Patents are not global or
universal; they’re
territorial.
SummaryCC licenses Copyrights Patents
Applicable worldwide Territorial, unless protected by international treaties
Territorial, unless protected by international treaties
Have to be applied for Need no application; automatic Have to be applied for and need renewal
Irrevocable Applicable for a fixed period; can be revoked
Fixed time duration; can be revoked
Some rights reserved All rights reserved Varies
Sources• http://en.wikipedia.org/wiki/Creative_Commons• http://wiki.creativecommons.org/Frequently_Asked_Questions• http://www.wired.co.uk/news/archive/2011-12/15/what-does-
creative-commons-mean-for-science• http://en.wikipedia.org/wiki/Copyright• http://en.wikipedia.org/wiki/Patent• http://creativecommons.org/• http://sciencecommons.org/about/• http://www.flaticon.com/
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