Copyright in the Scientific Community. The Limitations and Exceptions in the European Union and Spanish Legal Frameworks

Author : Itziar Sobrino-García

The increase of visibility and transfer of scholar knowledge through digital environments have been followed by the author’s rights abuses such as plagiarism and fraud. For this reason, copyright is increasingly a topic of major importance since it provides authors with a set of rights to enable them to utilize their work and to be recognized as the creators.

The new research methods linked to technological advances (such as data mining) and the emergence of systems such as Open Access (OA) are currently under debate.

These issues have generated legislative changes at the level of the European Union (EU) and its Member States. For this reason, it is relevant that the researchers know how to protect their work and the proper use of another’s work.

Consequently, this research aims to identify the limitations of copyright in the EU and as a specific case in Spain, within the framework of scientific research. For this, the changes in the European and Spanish copyright regulations are analyzed.

The results confirm new exceptions and limitations for researchers related to technological evolution, such as data mining. Additionally, the article incorporates several guidelines and implications for the scientific community.

URL : Copyright in the Scientific Community. The Limitations and Exceptions in the European Union and Spanish Legal Frameworks

DOI : https://doi.org/10.3390/publications8020027

Thought Experiment on the Impact of Plan S on non-Plan S countries and Japan

Author : Miho Funamori

In September 2018, a consortium of eleven European research funding agencies known as cOAlition S announced “Plan S,” which requires full and immediate Open Access to all research publications stemming from projects funded by the agencies.

The goal of making research output openly available to all has been generally welcomed; however, the strict requirements of Plan S, which take effect on January 1, 2020, have drawn criticisms from various stakeholders. Researchers from affected countries considered it a violation of their academic freedom, as they will be forced to publish only in conforming journals.

Publishers, especially those publishing high profile journals, claim that it will be impossible to sustain their business if forced to convert to Open Access journals and to rely solely on article processing charges. Institutions operating their own Open Access platforms or Open Access repositories view the requirements as well-intended but difficult to meet.

Despite the turmoil, little has been heard from non-Plan S countries, especially from non-English speaking countries outside Europe. There have been scarcely any comments or analyses relating to the impact of Plan S on these non-Plan S countries.

This paper aims to fill the gap with a thought experiment on the impact of Plan S requirements on various stakeholders in these non-Plan S countries. The analysis concludes that non-Plan S countries are indirectly affected by Plan S by being forced to adapt to the world standard that Plan S sets forth.

As many non-Plan S countries lack support for this transition from their respective funding agencies, they will be seriously disadvantaged to adapt to the new standards. The article processing charge for publishing in Open Access journals and the strict requirements for Open Access platforms could suppress research output from non-Plan S countries and reduce their research competitiveness.

Local publishers, whose financial position in many cases is already precarious, may be forced to shut down or merge with larger commercial publishers. As scholarly communication is globally interconnected, the author argues the need to consider the impact of Plan S on non-Plan S countries and explore alternative ways for realizing full and immediate OA by learning from local practices.

This analysis uses Japan as an exemplar of non-Plan S countries. Its distinctiveness is specified where applicable.

URL : https://www.semanticscholar.org/paper/Thought-Experiment-on-the-Impact-of-Plan-S-on-S-and-Funamori/f5c702b7f98ceec54f9409a693802c9c0a971ef2

Might Europe one day again be a global scientific powerhouse? Analysis of ERC publications suggests it will not be possible without changes in research policy

Authors : Alonso Rodríguez-Navarro, Ricardo Brito

Numerous EU documents praise the excellence of EU research without empirical evidence and against academic studies. We investigated research performance in two fields of high socioeconomic importance, advanced technology and basic medical research, in two sets of European countries, Germany, France, Italy, and Spain (GFIS), and the UK, the Netherlands, and Switzerland (UKNCH). Despite historical and geographical proximity, research performance in GFIS is much lower than in UKNCH, and well below the world average.

Funding from the European Research Council (ERC) greatly improves performance both in GFIS and UKNCH, but ERC-GFIS publications are less cited than ERC-UKNCH publications.

We conclude that research performance in GFIS and in other EU countries is intrinsically low even when it is generously funded. The technological and economic future of the EU depends on improving research, which requires structural changes in research policy within the EU, and in most EU countries.

URL : https://arxiv.org/abs/1907.08975

‘Publication favela’ or bibliodiversity? Open access publishing viewed from a European perspective

Author : Pierre Mounier

A number of initiatives exist in European countries to support open scholarly communication in humanities and social sciences.

This article looks at the work of Open Access in the European Research Area through Scholarly Communication (OPERAS), a consortium of 36 partners from all over Europe, including many university presses, that is working to build a future European infrastructure to address the challenges in open access publishing.

Their initial study, OPERAS‐D, revealed a variety of models among the partners influenced by national cultures. Although the partners’ activities were found to be fragmented, they also reflect the ‘bibliodiversity’ that exists in European societies.

To address the challenge of fragmentation, it is argued that, by following a cooperative model, European actors can benefit by sharing expertise, resources, and costs of development for the good of all.

As a future infrastructure to support open scholarly communication across Europe, OPERAS aims to coordinate a range of publishers and service providers to offer researchers and societies a fully functional web of services to cover the entire research lifecycle.

DOI : https://doi.org/10.1002/leap.1194

Open Science and Public Sector Information – Reconsidering the exemption for educational and research establishments under the Directive on re-use of public sector information

Author : Heiko Richter

The article discusses the possibilities of including public research and educational establishments within the scope of the Directive regulating the re-use of public sector information (2003/98/EC – ‘PSI Directive’).

It subsequently evaluates the legal consequences of such an inclusion. Focusing on scientific information, the analysis connects the long-standing debates about open access and open educa-tion to open government data.

Their common driving force is the call for a wide-spread dissemination of publicly funded information. However, the regulatory standard set out by the PSI Directive is characterized by considerable legal uncer-tainty.

Therefore, it is difficult to derive robust assumptions that can form the ba-sis for predicting the effects of extending the PSI Directive’s scope to research in-formation. A potential revision of the PSI Directive should reduce this uncertain-ty.

Moreover, PSI regulation must account for the specific incentives linked to the creation and dissemination of research results.

This seems of primary importance for public-private research collaborations because there is a potential risk that a full application of the PSI Directive might unduly affect incentives for such col-laborations.

URL : http://www.jipitec.eu/issues/jipitec-9-1-2018/4679

Shared Infrastructure for Next- Generation Books: HIRMEOS

Authors : Brian Hole, Francesco de Virgilio, Chealsye Bowley

This paper presents an introduction and status report on work being done to provide shared infrastructure for open access book publishers under the HIRMEOS (High Integration of Research Monographs in the European Open Science infrastructure) project. It focuses specifically on the work being done to provide shared altmetrics services, including reporting on annotation activity.

URL : https://hal.archives-ouvertes.fr/hal-01816620

Framing Power: Tracing Key Discourses in Open Science Policies

Authors : Denisse Albornoz, Maggie Huang, Issra Martin, Maria Mateus, Aicha Touré, Leslie Chan

Given that “Open Science” is becoming a popular policy object around the world, this study sought to identify key narratives about Open Science in policy, and critically examine the extent to which they are sustaining or strengthening multi-layered domination and inequality schemes that pre-exist in scientific knowledge production.

To do so, we conducted a content analysis of Open Science policies stemming from Europe, North America, Latin America, Asia and Africa to understand which narratives about Open Science policies are produced, reproduced and by whom; and in turn, whose interests may be neglected in this process.

We found that Open Science policies, mostly stemming from Europe, frame “openness” as a vehicle to promote technological change as part of an inevitable and necessary cultural shift to modernity in scientific production.

The global reach of these narratives, and the technologies, standards and models these narratives sustain, are dictating modes of working and collaborating among those who can access them, and creating new categories of exclusion that invalidate knowledge that cannot meet this criteria, putting historically marginalized researchers and publics at further disadvantage.

URL : https://hal.archives-ouvertes.fr/hal-01816725