Mots-clefs: copyright Afficher/masquer les discussions | Raccourcis clavier

  • Hans Dillaerts le 22 January 2014 à 17 h 20 min Permalien
    Mots-clefs: copyright, , , ,   

    MedOANet: The Copyright and OA Landscape in Mediterranean Europe :

    « The aim of this paper is to analyse the current copyright framework conditioning the progress of OA in Mediterranean countries and to examine whether this copyright framework needs to be improved and by which measures. In order to do so, this paper firstly introduces MedOANet, which is an EU-funded project the aim of which is to enhance existing national policies, strategies and structures for OA and to contribute towards the implementation of new ones in Mediterranean countries, namely France, Greece, Italy, Portugal, Spain and Turkey. Secondly, this paper gives an overview of the results of a survey which has been conducted in 2012 amongst research publishers by MedOANet. Thirdly, an interpretation of the most striking results of the survey is given: research publishers based in Mediterranean countries have, on average, very OA-friendly copyright and self-archiving policies in place. Some improvements could be achieved by developing an OA-conductive campaign of awareness rising; however, OA as the default way of scholarly communication would best be supported by an OA-friendly legal environment. In the end the author of the paper therefore asks the national and European legislators to introduce an exception or limitation for a green road OA publication of any publicly funded research paper into European and national copyright law. »

    URL : http://liber.library.uu.nl/index.php/lq/article/view/9126

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  • Hans Dillaerts le 17 January 2014 à 14 h 56 min Permalien
    Mots-clefs: copyright, , , , ,   

    Study on the protection of research data and recommendations for access and usage :

    « This study is basically divided into four parts. Its objective is to examine the legal requirements for different kinds of usage of research data in an open access infrastructure, such as OpenAIREplus, which links them to publications.
    Within the first part, the requirements for legal protection of research data are analysed. In the process, the existing legal framework regarding potentially relevant intellectual property (IP) rights is analysed from different perspectives: first from the general European perspective and subsequently from that of selected EU Member States (France, Germany, Italy, the Netherlands, Poland and the UK).
    It should be noted that the European legal framework is partly harmonised in the field of copyright and largely harmonised in the field of the sui generis database protection right by EU directives. Thus, the national regulations are quite similar in many respects. National differences are described following the section on national implementation in Chapter 2.5.
    Despite European harmonisation, the perhaps surprising outcome of the analysis is that there are some areas of dis-harmonisation between the different Member States. One very significant example of dis-harmonisation is the “exception for scientific research” to the sui generis database right. It is not mandatory for this exception to be introduced into national legislation and it seems that every Member State has its own interpretation of the underlying directive. As it is drafted at the moment, the exception is to all intents and purposes useless.
    Another area that causes difficulties is the question of who becomes the rightholder of the sui generis right in a database that is created by a public body or in the course of publicly funded research. Indeed it is far from clear. Some might say the research institution or the funding agency or both become the rightholder. But of the legal regimes under consideration in this study, the only jurisdiction with clear regulation on this matter is the Netherlands and it generally denies a public authority the right to exercise the exclusive database right.
    Additionally, it is still unclear whether linking, or at least deep linking, should be seen as a relevant act of communication to the public. There are contradictory judgments at the level of the Member States. However, at least this question will soon be clarified in the scope of an actual reference to the European Court of Justice(ECJ).

    The second part of the study is dedicated to the scope of protection of the potentially relevant IP rights. First there is an analysis of whether different types of usage, such as linking, access or mining, infringe the different kinds of IP rights. Secondly, a “legal prototype of an e-infrastructure”, based on selected usage scenarios that may occur during the use of e-infrastructures such as OpenAIREplus, is evaluated in more detail. The main outcome of this second part is that by far the most important IP right in the context of e-infrastructures such as OpenAIREplus is the sui generis database right, and that it is very likely not possible to use all the described einfrastructure features without the consent of the respective rightholder(s).

    The third part is an examination of some relevant licensing issues. Within this part of the study, different licence models are analysed in order to identify the licence that is best suited to the aim of Open Access, especially in the context of the infrastructure of OpenAIREplus. The result is that the upcoming CC License version 4.0 will probably be the one best suited to this kind of infrastructure. Within the last part, some recommendations are given on improving the rights situation in relation to research data. To respond to the fact that the scientific research exception as presently formulated is rather useless, it is suggested that a new and broader mandatory research exception be introduced on a European level. To achieve legal interoperability of different databases and e-infrastructures, it is recommended that all of them should license their data under the upcoming CC License version 4.0. »

    URL : Study on the protection of research data and recommendations for access and usage

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  • Hans Dillaerts le 30 October 2013 à 10 h 27 min Permalien
    Mots-clefs: copyright, , ,   

    Open access clauses in publishers’ licenses: current state and lessons learned :

    « In 2012, the Open Access Agreements and Licenses Task Force was launched by COAR to monitor, evaluate and promote the implementation of effective open access agreements and licenses. The task force has members from the repository, licensing and OA communities who share an interest in promoting sustainable and effective practices for open access. In 2012/2013 the task force undertook an environmental scan of the licensing language for article deposit into repositories. This report presents the result of the review and some lessons learned from organizations that have been successful in implementing OA clauses in publisher licenses. »

    URL : http://www.coar-repositories.org/files/OA-Clauses-in-Publishers-Licenses.pdf

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  • Hans Dillaerts le 12 October 2013 à 16 h 07 min Permalien
    Mots-clefs: copyright, , ,   

    The Digital Public Domain : Foundations for an Open Culture :

    « Digital technology has made culture more accessible than ever before. Texts, audio, pictures and video can easily be produced, disseminated, used remixed using devices that are increasingly user-friendly and affordable. However, along with this technological democratization comes a paradoxical flipside: the norms regulating culture’s use — copyright and related rights — have become increasingly restrictive. This book brings together essays by academics, librarians, entrepreneurs, activists… »

    URL : http://books.openedition.org/obp/513

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  • Hans Dillaerts le 26 August 2013 à 20 h 12 min Permalien
    Mots-clefs: copyright, , public access   

    Digital Copyright and Public Access: Why the Knowledge Principle Dictates a Fair Access Right for Public Libraries :

    « This Article argues that copyright jurisprudence has lost sight of the knowledge principle at the heart of the Constitutional justification for copyright. The Framers envisioned the objective of copyright as promoting the advancement of knowledge for a democratic society by increasing access to published works. Under what is best termed the “knowledge principle,” access to existing knowledge is a necessary condition for the creation of new knowledge. Copyright jurisprudence has largely protected the interests of producers – from early booksellers to modern Hollywood film companies – failing to notice the central role of access to works as a necessary pre-condition to the creation of new works. The realities of the digital era further hinder the functioning of this mechanism. Ownership of copies of texts has morphed into a limited right of possession of digital files. Public libraries can no longer fulfill their mission of maximizing the circulation of materials in order to spread available knowledge among citizens. This Article proposes an alternative model to the conventional copyright theories, focusing on the critical role that access to knowledge resources plays in the dynamic processes at work in the production of knowledge and the creation of new works. This Article proposes a non-waivable “fair access” right exercisable by public libraries in order to realign copyright with its Constitutional justification, and more importantly to support the knowledge creation process for the future of our democratic society. »

    URL : http://ssrn.com/abstract=2315188

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  • Hans Dillaerts le 7 July 2013 à 18 h 53 min Permalien
    Mots-clefs: copyright, , , , ,   

    Open access publishing: a catalyst for scholarly research publication :

    « Technology has been a key driving force for change and emergence of new technology has brought a revolution in disseminating and sharing of research outputs at faster speed worldwide. Open access (OA) as a means for free availability of scholarly content via the Internet has enormous benefits accrue to the OA stakeholders. The purpose of this paper is to review all activities that can sensitize researchers and the scholarly community at large regarding the new publishing opportunity for dissemination of their research outputs at faster speed. The paper examines the open access OA concept, characteristics of OA and its growth. It also discusses open access models, OA benefits and copyright in digital era. Critical analysis of the rational for copyright law and fair for dealing were examined. It was inferred that OA as an accelerator for innovation, helps speedy the translation of ideas into innovative new services, products and other commercial ventures that fuel economic growth. »

    URL : http://www.idpublications.org/wp-content/uploads/2013/06/Paper-Open-access-publishing.pdf

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  • Hans Dillaerts le 14 February 2013 à 17 h 50 min Permalien
    Mots-clefs: copyright, , ,   

    Academic Publishing and Open Access :

    « With the spread of the internet and new opportunities for publishing academic works digitally at virtually no costs, the traditional copyright model has recently been put under critical review which is for at least two reasons: First and foremost, a vast increase in subscription prices for academic journals has forced (university) libraries to significantly cut their journal portfolios. Second, copyright seems negligible in academia as researchers are motivated by reputation gains and CV effects rather than direct financial returns from publishing their works. As a consequence, the promotion of Open Access (OA) to scientific research is claimed as the perceived future of academic publishing in the information age.

    This paper critically reviews the OA debate by discussing theoretical and empirical arguments on the role of copyright in publishing scientific outcomes. A brief historical perspective introduces to the changed environmental conditions for scholarly publishing, pointing to a new trade-off in the digital age. By framing the debate in a broader literature stream and related issues, we provide with caveat for further research and a glimpse of possible future scenarios. It is shown that copyright may be both a blessing and a curse in establishing an effective framework for scientific progress. »

    URL : http://ssrn.com/abstract=2198400

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  • Hans Dillaerts le 22 January 2013 à 11 h 09 min Permalien
    Mots-clefs: copyright, , , , ,   

    When Copyright Law and Science Collide: Empowering Digitally Integrated Research Methods on a Global Scale :

    « Automated knowledge discovery tools have become central to the scientific enterprise in a growing number of fields and are widely employed in the humanities as well. New scientific methods, and the evolution of entirely new fields of scientific inquiry, have emerged from the integration of digital technologies into scientific research processes that ingest vast amounts of published data and literature. The Article demonstrates that intellectual property laws have not kept pace with these phenomena.

    Copyright law and science co-existed for much of their respective histories, with a benign tradition of the former giving way to the needs of the latter. Today, however, the formidable array of legislative maneuvers to tighten the grip of copyright laws in defense of cultural industries whose business models were upended in the online environment have, deliberately or not, undermined the ability of the scientific community to access, use, and reuse vast amounts of basic knowledge inputs. Database protection laws, reinforced by electronic fences and contracts of adhesion, further subject copy-reliant technologies to the whims of publishers and hinder the pooling of publicly funded resources that empower collaborative research networks and the formation of science commons in general.

    The authors analyze the different components of a complicated transnational legislative fabric that have changed world copyright law into a science-hostile environment. Given the global nature of digital scientific research, they focus attention on comparative laws that fragment research inputs into diversely accessible territorial compartments. This analysis shows that users of automated knowledge discovery tools will likely become collective infringers of both domestic and international property laws.

    In response to this challenge, the authors discuss possible solutions to the problems that intellectual property laws have created for digitally integrated scientific research from two very different angles. First, the authors skeptically consider the kinds of legal reforms that would be needed if commercial publishers continued to act as intermediaries between producers and users of scientific information and data, as they do today, without regard to the likelihood that such reforms would ever be enacted.

    The authors then reconsider the role of publishers and ask whether, from a cost-benefit perspective, it should be significantly modified or abandoned altogether. Finally, the authors examine alternative strategies that the scientific community itself could embrace in a concerted effort to manage its own upstream knowledge assets in ways that might avoid, or at least attenuate, the obstacles to digitally empowered scientific research currently flowing from a flawed intellectual property regime.

    The Article concludes by stressing the need to bridge the current disconnect between private rights and public science, in the overall interest of both innovation and the advancement of knowledge. »

    URL : http://scholarship.law.duke.edu/faculty_scholarship/2675/

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  • Hans Dillaerts le 21 November 2012 à 21 h 23 min Permalien
    Mots-clefs: copyright, ,   

    The Myth of European Term Harmonisation: 27 Public Domains for the 27 Member States :

    « The term of protection of copyright and related rights is generally considered to be one of the best harmonised areas of European copyright law. However, close examination of the EU Term Directive’s intricate provisions reveals a piecemeal and permissive approach to harmonisation which preserves many differences between the national rules. In this report, four main sources of legislative variability are identified and analysed: a) contagion from unharmonised areas of substantive copyright law; b) explicit exceptions to the harmonisation of the term of protection; c) national related rights of unharmonised term; and d) incorrect implementation of the provisions of the Term Directive into national law.

    As a result, the desired harmonising effect has not been fully achieved: although a single rule may be applicable across the EU in theory, drastically divergent terms of protection may attach to the same information product depending on the jurisdiction within which protection is sought. In this way, the territorial nature of copyright undercuts harmonisation efforts, forcing the public domain to contract and expand according to divergent national rules. The result is a legislative framework that makes cross-border rights clearance calculation difficult, hampering end-users and cultural heritage organisations from taking full avail of the new opportunities now technically available for the digitisation and exploitation of the public domain. If the EU wishes to establish a truly harmonised term of protection for copyright and related rights, a more committed and comprehensive approach will be a necessary. »

    URL : http://ssrn.com/abstract=2145862

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  • Hans Dillaerts le 24 October 2012 à 14 h 27 min Permalien
    Mots-clefs: copyright, , , , ,   

    Licensing Revisited: Open Access Clauses in Practice :

    « Open access increases the visibility and use of research outputs and promises to maximize the return on our public investment in research. However, only a minority of researchers will “spontaneously” deposit their articles into an open access repository. Even with the growing number of institutional and funding agency mandates requiring the deposit of papers into the university repository, deposit rates have remained stubbornly low. As a result, the responsibility for populating repositories often falls onto the shoulders of library staff and/or repository managers. Populating repositories in this way – which involves obtaining the articles, checking the rights, and depositing articles into the repository – is time consuming and resource intensive work.

    The Confederation of Open Access Repositories (COAR), a global association of repository initiatives and networks, is promoting a new strategy for addressing some of the barriers to populating repositories, involving the use of open access archiving clauses in publisher licenses. These types of clauses are being considered by consortia and licensing agencies around the world as a way of ensuring that all the papers published by a given publisher are cleared for deposit into the institutional repository. This paper presents some use cases of open access archiving clauses, discusses the major barriers to implementing archiving language into licenses, and describes some strategies that organizations can adopt in order to include such clauses into publisher licenses. »

    URL : http://liber.library.uu.nl/index.php/lq/article/view/8055/8536

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