Archives des mots-clés : copyright

Institutional repositories and copyright in Greek academic libraries

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Authors : Konstantinos Kyprianos, Ekaterini Lygnou

Institutional repositories were created to collect, preserve, and make available the academic institution’s scientific output. The purpose of this study is to investigate and illustrate how Greek academic libraries with institutional repositories deal with copyright challenges.

The study aims to identify and describe if institutional repository managers apply a certain copyright clearance protocol, the problems they encounter, and how they deal with them. For this study, a quantitative research method based on questionnaires was employed.

The questionnaire consisted of twenty-nine (29) questions separated into three (3) sections and was sent to thirty-one (31) academic libraries.

According to the survey results, the majority of academic libraries have an institutional repository and provide open access to its content. It was found that academic institutional repositories face intellectual property difficulties.

The biggest issue highlighted was a lack of knowledge of the notion of copyright. Finally, communication amongst libraries seems to be the foundation for developing a common policy and addressing the difficulties that have arisen in institutional repositories as a result of Greek copyright legislation limits.

URL : Institutional repositories and copyright in Greek academic libraries

DOI : https://doi.org/10.36253/jlis.it-449

Sharing published short academic works in institutional repositories after six months : The implementation of the article 25fa (Taverne Amendment) in the Dutch Copyright Act

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Authors : Jeroen Sondervan, Arjan Schalken, Saskia Woutersen-Windhouwer

The ambition of the Netherlands, laid down in the National Plan Open Science, is to achieve 100% open access for academic publications. The ambition was to be achieved by 2020. However, it is to be expected that for the year 2020 between 70% and 75% of the articles will be open access.

Until recently, the focus of the Netherlands has been on the gold route – open access via journals and publishers’ platforms. This is likely to be costly and it is also impossible to cover all articles and other publication types this way.

Since 2015, Dutch Copyright Act has offered an alternative with the implementation of Article 25fa (also known as the ‘Taverne Amendment’), facilitating the green route, i.e. open access via (trusted) repositories.

This amendment allows researchers to share short scientific works (e.g. articles and book chapters in edited collections), regardless of any restrictive guidelines from publishers. From February 2019 until August 2019 all Dutch universities participated in the pilot ‘You Share, we Take Care!’ to test how this copyright amendment could be interpreted and implemented by institutions as a policy instrument to enhance green open access and “self-archiving”.

In 2020 steps were taken to scale up further implementation of the amendment. This article describes the outcomes of this pilot and shares best practices on implementation and awareness activities in the period following the pilot until early 2021, in which libraries have played an instrumental role in building trust and working on effective implementations on an institutional level.

It concludes with some possible next steps for alignment, for example on a European level.

URL : Sharing published short academic works in institutional repositories after six months : The implementation of the article 25fa (Taverne Amendment) in the Dutch Copyright Act

DOI : https://doi.org/10.53377/lq.10915

The Plan S Rights Retention Strategy is an administrative and legal burden, not a sustainable open access solution

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Author : Shaun Yon-Seng Khoo

The Plan S Rights Retention Strategy (RRS) requires authors who are submitting to subscription journals to inform publishers that the author accepted manuscript (AAM) will be made available under a Creative Commons Attribution (CC BY) licence.

The laudable stated aim of the RRS is to achieve immediate open access to research outputs, while preserving journal choice for authors. However, proponents of the RRS overlook the significant administrative and legal burdens that the RRS places on authors and readers.

Even though compliance with existing green open access (self-archiving) policies is poor at best, the RRS is likely to rely on authors to successfully execute the CC licensing of their work in the face of publisher resistance.

The complexity of copyright law and CC licensing gives many reasons to doubt the legal validity of an RRS licence grant, which creates legal risk for authors and their institutions. The complexity of RRS CC BY licensing also creates legal risk for readers, who may not be able to fully rely on the reuse rights of a CC BY licence on the AAM.

However, cOAlition S has released no legal advice that explains why the RRS is valid and legally binding. Publishers of legacy subscription journals have already begun implementing strategies that ensure they can protect their revenue streams.

These actions may leave authors having to choose between paying publication fees and complying with their funding agreements. The result is that the RRS increases the complexity of the copyright and licensing landscape in academic publishing, creates legal risk and may not avoid author fees.

Unless increased complexity and conflict between authors and publishers drives open access, the RRS is not fit for its stated purpose as an open access strategy.

URL : The Plan S Rights Retention Strategy is an administrative and legal burden, not a sustainable open access solution

DOI : http://doi.org/10.1629/uksg.556

Open Access Models, Pirate Libraries and Advocacy Repertoires: Policy Options for Academics to Construct and Govern Knowledge Commons

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Author : Melanie Dulong de Rosnay

In this article, I propose exploring open access publishing through the lenses of Knowledge Commons. Instead of focusing on users’ rights to access and reuse the output under open copyright licensing conditions, I study the governance of the academic publishing ecosystem, and its political economy, technical and labour infrastructure. Based on selected examples, I discuss how they comply with the concept of the commons.

I use analytical frameworks from the Ostromian literature of the governance of Knowledge Commons to provide insights on the various steps of academic publishing work as a process. I then analyse a scope of open access publishing projects, including gold, green, diamond, platinum and pirate libraries. Finally, I draw from practices a repertoire of advocacy actions and I make recommendations for academics to develop policies supporting Academic Commons.

URL : Open Access Models, Pirate Libraries and Advocacy Repertoires: Policy Options for Academics to Construct and Govern Knowledge Commons

DOI : https://doi.org/10.16997/wpcc.913

Openness and Licensing

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Author : Melanie Dulong de Rosnay

This chapter traces the evolution of legal conditions meant to support the production and flourishing of “commons-based peer production” in a diversity of fields covered by copyright, mostly in the digital realm.

From software to creative works, including scientific articles, cultural heritage, public sector information, and open data, a wealth of digital, knowledge, intellectual or information commons can be peer produced.

The rules which guarantee that they can remain in the commons, under open conditions, have been the subject of heated debates about the politics of technology and heavy legal fine-tuning along the years, opposing different definitions and nuances in openness reflecting underlying philosophies within the peer production political economy, such as liberal and commons-based approaches.

URL : https://halshs.archives-ouvertes.fr/halshs-02986892v1

Copyright and protection of scientific results: the experience of Russia, the United States and the countries of the Near East

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Authors : D V Ponomareva, P B Maggs, AG Barabashev

In this article, the authors analyze the legal regulation of the copyright protection of the results of scientific activity in Russia, the United States and the countries of the Near East.

Considerable attention is paid to the review of key regulatory acts of the states operating in the designated area, as well as international treaties affecting aspects of the copyright protection of intellectual rights in the field of science.

The authors consider the main ways of protecting the scientific results by means of copyright. Special attention is paid to the analysis of the judicial practice of the states, which plays a vital role in defining approaches to the legal regulation of the scientific results.

The authors emphasized the similarity and difference between the systems of copyright protection of the results of scientific activity, the role of the judiciary in the functioning of such systems.

In the end the conclusion is made about the prospects for harmonization of the approaches to the legal regulation of the results of scientific activity by means of copyright.

The article will be relevant to practicing lawyers, researchers, students and everyone who is interested in IP law.

URL : Copyright and protection of scientific results: the experience of Russia, the United States and the countries of the Near East

DOI : https://doi.org/10.1088/1742-6596/1685/1/012018

Open Access Legislation and Regulation in the United States: Implications for Higher Education

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Authors : Anjam Chaudhary, Kathy Irwin, David Hoa Khoa Nguyen

Accessing quality research when not part of an academic institution can be challenging. Dating back to the 1980s, open access (OA) was a response to journal publishers who restricted access to publications by requiring a subscription and limited access to knowledge.

Although the OA movement seeks to remove costly barriers to accessing research, especially when funded by state and federal governments, it remains the subject of continuous debates. After providing a brief overview of OA, this article summarizes OA statutory and regulatory developments at the federal and state levels regarding free and open access to research.

It compares similarities and differences among enacted and proposed legislation and describes the advantages and disadvantages of these laws. It analyzes the effects of these laws in higher education, especially on university faculty regarding tenure and promotion decisions as well as intellectual property rights to provide recommendations and best practices regarding the future of legislation and regulation in the United States.

URL : Open Access Legislation and Regulation in the United States: Implications for Higher Education

DOI : https://doi.org/10.17161/jcel.v4i1.13637