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

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

    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 22 January 2013 à 11 h 09 min Permalien
    Mots-clefs: , creative commons, , , ,   

    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 19 December 2012 à 16 h 02 min Permalien
    Mots-clefs: , , creative commons, , ,   

    Open Textbooks and Increased Student Access and Outcomes :

    « This study reports findings from a year-long pilot study during which 991 students in 9 core courses in the Virginia State University School of Business replaced traditional textbooks with openly licensed books and other digital content. The university made a deliberate decision to use open textbooks that were copyrighted under the Creative Commons license. This decision was based on the accessibility and flexibility in the delivery of course content provided by open textbooks. More students accessed digital open textbooks than had previously purchased hard copies of textbooks. Higher grades were correlated with courses that used open textbooks. »

    URL : http://www.eurodl.org/?article=533

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  • Hans Dillaerts le 23 September 2012 à 18 h 03 min Permalien
    Mots-clefs: creative commons,   

    Kontext Open Access: Creative Commons :

    « Dieser Artikel soll die sechs verschiedenen Creative Commons Lizenzen erläutern und ihre Bedeutung im Rahmen des wissenschaftlichen Publizierens und des Open Access erklären (CC-BY, CC-BY-SA, CC-BY-NC, CC-BY-ND, CC-BYNC-SA, CC-BY-NC-ND). »

    « The article explains the six different Creative Commons licenses and illustrates their significance in the field of scientific publishing and Open Access (CC-BY, CC-BY-SA, CC-BY-NC, CC-BY-ND, CC-BY-NC-SA, CC-BY-NC-ND). »

    URL : http://hdl.handle.net/10760/17625

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  • Hans Dillaerts le 14 April 2012 à 23 h 55 min Permalien
    Mots-clefs: , creative commons, , , , ,   

    The Digital Public Domain: Foundations for an Open Culture :

    « This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project. Together the authors argue that the Public Domain — that is, the informational works owned by all of us, be that literature, music, the output of scientific research, educational material or public sector information — is fundamental to a healthy society.
    The essays range from more theoretical papers on the history of copyright and the Public Domain, to practical examples and case studies of recent projects that have engaged with the principles of Open Access and Creative Commons licensing. The book is essential reading for anyone interested in the current debate about copyright and the Internet. It opens up discussion and offers practical solutions to the difficult question of the regulation of culture at the digital age. »

    URL : http://www.communia-association.org/wp-content/uploads/the_digital_public_domain.pdf

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  • Hans Dillaerts le 1 December 2011 à 21 h 26 min Permalien
    Mots-clefs: creative commons, , , , Non-profit, , , , Software Licenses   

    Creative Commons licenses and the non-commercial condition: Implications for the re-use of biodiversity information :

    « The Creative Commons (CC) licenses are a suite of copyright-based licenses defining terms for the distribution and re-use of creative works. CC provides licenses for different use cases and includes open content licenses such as the Attribution license (CC BY, used by many Open Access scientific publishers) and the Attribution Share Alike license (CC BY-SA, used by Wikipedia, for example). However, the license suite also contains non-free and non-open licenses like those containing a “non-commercial” (NC) condition. Although many people identify “non-commercial” with “non-profit”, detailed analysis reveals that significant differences exist and that the license may impose some unexpected re-use limitations on works thus licensed. After providing background information on the concepts of Creative Commons licenses in general, this contribution focuses on the NC condition, its advantages, disadvantages and appropriate scope. Specifically, it contributes material towards a risk analysis for potential re-users of NC-licensed works. »

    URL : http://www.pensoft.net/journals/zookeys/article/2189/creative-commons-licenses-and-the-non-commercial-condition-implications-for-the-re-use-of-biodiversity-information
    doi: 10.3897/zookeys.150.2189

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  • Hans Dillaerts le 15 August 2011 à 13 h 42 min Permalien
    Mots-clefs: creative commons   

    Creative Commons: a user guide :

    « Here is an operational manual which guides creators step by step in the world of Creative Commons licenses, the most famous and popular licenses for free distribution of intellectual products. Without neglecting useful conceptual clarifications, the author goes into technical details of the tools offered by Creative Commons, thus making them also understandable for total neophytes. This is a fundamental book for all those who are interested in the opencontent and copyleft world.

    The author: Simone Aliprandi is an Italian lawyer and researcher who is constantly engaged in writing and consulting in the field of copyright and ICT law. He founded and still coordinates the Copyleft-Italia.it project and has published numerous books devoted to openculture and copyleft. This is his first publishing in English.

    This is an independent publishing project: the book is completely edited by the author and published online and by a self-publishing service (Lulu.com). Thanks to the CC license applied you can download it for free, but if you want to support and promote this kind of cultural production please consider to buy a paper version. »

    URL : http://www.aliprandi.org/cc-user-guide/index.html

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  • Hans Dillaerts le 1 June 2011 à 17 h 39 min Permalien
    Mots-clefs: , creative commons, , , ownership, ,   

    Owning the Right to Open Up Access to Scientific Publications :

    « Whether the researchers themselves, rather than the institution they work for, are at all in a position to implement OA principles actually depends on the initial allocation of rights on their works. Whereas most European Union Member States have legislation that provides that the copyright owner is the natural person who created the work, the copyright laws of a number European countries, including those of the Netherlands and the United Kingdom, establish a presumption, according to which the copyright of works made in the course of employment belongs initially to the employer, which in this case would be the university. In France, a similar presumption applies to works created by employees of the State. Even if researchers are in a position to exercise the rights on their works, they may, nevertheless, be required to transfer these to a publisher in order to get their article or book published. This paper, therefore, analyses the legal position of researchers, research institutions and publishers respectively, and considers what the consequences are for the promotion of OA publishing in light of the principles laid down in the Berlin Declaration and the use of Creative Commons licenses. »

    URL : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1829889

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  • Hans Dillaerts le 13 February 2011 à 15 h 38 min Permalien
    Mots-clefs: creative commons, , ,   

    Creative Commons and Public Sector Information: Flexible tools to support PSI creators and re-users :

    « Public sector information (PSI) is meant for wide re-use, but this information will only achieve maximum possible impact if users understand how they may use it. Creative Commons tools, which signify availability for re-use to users and require attribution to the releasing authority, are ideal tools for the sharing of public sector information. There is also increasing interest in open licenses and other tools to share publicly funded information, data, and content, including various kinds of cultural resources, educational materials, and research findings; Creative Commons tools are applicable here and recommended for these purposes too. »

    URL : http://www.epsiplus.net/topic_reports/creative_commons_and_public_sector_information_flexible_tools_to_support_psi_creators_and_re_users

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  • Hans Dillaerts le 19 January 2011 à 21 h 48 min Permalien
    Mots-clefs: creative commons, , , , re-use   

    Friends or Foes? Creative Commons, Freedom of Information Law and the EU Framework for Re-Use of Public Sector Information :

    « Public authorities keep vast amounts of information. Freedom of information (‘FOIA’) laws give the public rights of access to much public sector information. The spread of FOIAs across the globe testifies to their importance as instruments for enhancing democratic accountability. But access to public sector information not only serves political purposes. It is also thought to have economic benefits, enabling the development of new information products and services. This is the policy objective behind the EU Directive 2003/98 on the Re-use of Public Sector Information (PSI Directive).

    Despite popular belief to the contrary, much public sector information is subject to intellectual property rights. Both access to public sector information for democratic purposes and for economic purposes have implications for how intellectual property rights in information produced by governments are exercised. Rather curiously perhaps, FOIA’s are generally silent on the issue. Nor does the PSI Directive prescribe how public sector bodies should exercise any exlcusive rights in information. This paper explores the role of copyright policy in the light of the objectives and principles of both freedom of information law and the regulatory framework for re-use of public sector information. More specifically, it queries whether open content licenses like Creative Commons are indeed the attractive instrument they appear to be for public sector bodies that seek to enhance transparent access to their information, be it for purposes of democratic accountability or re-use for economic or other uses. »

    URL : http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1722189

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