Transcript Copyright management and open access Presenter: Affiliation: Hasmik Galstyan eIFL-IP expert [email protected] American University of Armenia Papazian Library Yerevan, Armenia 16 October, 2008

Copyright management and open access
Presenter:
Affiliation:
Hasmik Galstyan
eIFL-IP expert
[email protected]
American University of Armenia
Papazian Library
Yerevan, Armenia
16 October, 2008
Copyright
Subject matters of copyright shall be the unique outcome of
creative activity fixed in any tangible medium of expression.
Copyright is the exclusive moral non-economic and exclusive
economic rights of the author to his work.
Exclusive moral non-economic rights are:
a) The right of authorship
b) The right of author’s name
c) The right of honor and reputation of the author
d) The right of making public for the first time, or to assign that
right to a third person.
e) The right to withdrawal.
What is copyright
(to be continued)
Exclusive economic rights of the author are:
a) The right of reproduction
b) The right of distribution
c) The rental right
d) The lending right
e) The right of translation
f) The right of transformation
g) The right of communication to public
h) The right of public performance
What is copyright
/continuation/
i) The right of public display
j) The right of broadcasting and rebroadcasting
k) The right of cable transmission
l) The remuneration for each type of use of his work, except,
Articles 22, 26, 38 of national law.
The contract on waiving the remuneration shall be null and void.
Source: Law of RA on Copyright and Related Rights, June 2006
Links: National Copyright law http://www.aipa.am
http://www.parliament.am
Republic of Armenia is a member of
•
WIPO (World Intellectual Property Organization), member
since April 22, 1993
• WCT (WIPO Copyright Treaty 1996), member since 2005.
• WTO (World Trade Organization), member since 5 February,
2003.
• TRIPS (WTO Trade-Related Aspects of Intellectual Property
Rights)1995, member since 2003.
Exceptions and limitations in copyright law
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Article22. Free use of a work
Article 23. Reproduction of a work for private purposes
Article 24. Reprographic reproduction of a work
Article 25.Use of works located on open for attendance places
Article 26.Making and free use of short-time audio and video
recordings by broadcasting organizations.
Why are exceptions and limitations important for libraries?
• Otherwise copyright owners would have a complete monopoly
over access to copyrighted materials
• Every reproduction and every communication to public would
be subject to permission and payment
• The core functioning of libraries would be threatened.
E&L are a hot topic
• To enable libraries, universities and consumers to make the
most of digital technologies, to facilitate distance learning.
• Tell the copyright officials that E&L are on the agenda!
• Take into account these developments when national copyright
law is being updated.
• Libraries must be sure that national copyright laws are
working in libraries interests, otherwise advocate for change.
Copyright and licensing
• Copyright is set of rules that govern society.
• A license is a contract, a private legally binding agreement
between two parties.
• Types of licenses: negotiable and non-negotiable
• Most electronic resources in libraries are subject to a license
agreement.
• Contract law takes precedence over copyright law, i.e. the
license terms override copyright law provisions.
• Libraries are at disadvantage – need access to resources,
publisher has exclusive, monopoly right.
Policy issues for libraries
• The library should ensure that
- it understands the terms and conditions of license agreement,
- gets the best deal for its users in terms of access and for its
funders in terms of price.
- the library should join a consortium to negotiate better deals
and assist with training, management of electronic resources,
fundraising, etc.
eIFL Model license
• For deals negotiated between eIFL and individual publishers.
• More favorable provisions that any standard commercial
license for access and use of electronic resources,
• Enables students and staff to make effective use of online
resources for learning, teaching and research
• http://www.eifl.net/cps/sections/services/negotiations/modellicences
Library should avoid a license that:
(to be continued)
• Isn’t governed by the law and courts of the country where the
institution is located.
• Doesn’t recognize the statutory rights for usage under
copyright.
• Doesn’t grant perpetual access to the licensed material, must
provide also back issues in CDs.
• Doesn’t include a warranty for IP rights and an indemnity
clause against claims/the publisher will provide some issues
missing, as well./
Library should avoid a license that:
(continuation)
• Has a non-cancellation clause
• Has a non-disclosure/confidentiality clause
• Has reasonable and best effort clauses for obligations on the
Publisher
• Has clauses with ambiguous/doubtful periods of time
• Hasn’t got a license fee that is all inclusive
“Handbook on copyright and related issues for libraries”
http://www.eifl.net/cps/sections/services/eifl-ip/issues/handbook/handbookcomplete-text
eIFL.net
electronic information for libraries
(to be continued)
• A powerfull network serving 2,220 libraries in 50 transitional
and developing countries.
• How eIFL.net works
- Negotiates affordable group pricing for licensing to
publications in all spheres of science. Member libraries provide
first-rate information to their users.
- Providing information to all libraries, and to remote regions of
participating countries.
eIFL.net
electronic information for libraries
/continuation/
- Training in the use of free and open source software
- Linking libraries worldwide and regionally.
- Advocating fair access to commercially published information
and open access to publicly funded research.
- Helping to build national consortia, which strengthens library
community through shared resources.
Why we need library copyright activists
•
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New rights, e.g. database right, broadcast right
Longer protection e.g. + 70 years for literary works.
Access to information, and educational materials is impacted.
Restrictions in library services.
Libraries in eIFL countries must become organised and
involved in national and international copyright issues.
eIFL-IP: Advocacy for access to knowledge:
copyright and libraries
/to be continued/
• eIFL-IP is a program of eIFL.net, established in 2005.
eIFL-IP:
•
Builds a network of librarians in member countries with
expertise in copyright;
• Provides training and advice;
• Empowers library professionals to become knowledgeable
library advocates and international proponents of fair access
for all.
eIFL-IP: Advocacy for access to knowledge:
copyright and libraries
• eIFL-IP works in member countries of eIFL.net.
•eIFL-IP representatives might be eIFL.net country coordinators
or librarians.
•eIFL-IP deal with following issues:
the relationship between copyright and contract law,
electronic resources and library consortia, technological
protection measures (TPMs); copyright, the duration of
protection and the public domain; orphaned works; collective
rights management; public lending right; database right;
Creative Commons: an "open content" license; open access to
scholarly communications; copyright and trade agreements;
international policy making: a development agenda for WIPO;
national policy making: advocating for fair copyright laws.
Open Access to scholarly communications
Open access - free availability of peer-reviewed literature on
the public internet, through
1. Open access journals – freely available to everyone online
2. Institutional or subject-based repositories – publicly
accessible repository (archive), where the work published by
authors affiliated with the university or institution is posted
online
How to develop open access
• Explain open access concepts and terms
• Effectively establish and manage your depository
• Determine the extent of open access that your repository will
provide
• Address the legal rights of copyright owners, depositors and
users of the repository.
Why to have digital repository
-Enables easy access to scholarly materials generated by members
of your institution;
-Long-term achieving of information and research output
-greater citation of deposited articles, thus contributing to authors’
career and increasing the reputation of your institution.
- Electronic articles on open access basis are cited more than nonopen access articles.
Copyright management
• Copyright management facilitates dissemination of
scholarship, its educational use and preservation.
• IP rights could be managed by authors, or by institutions,
signing licenses with publishers.
• Organizing open access awareness trainings
• Explaining the educational purpose of using these materials.
Copyright management
• Copyright retention is necessary precondition for libraries to
manage and preserve their scholarly collections in open access.
• Assignment of some responsibilities for scholarly
communications within libraries.
• To support copyright management through publication
agreement/contract signed with the publisher
• Extending our understanding of current faculty attitudes and
behavior toward copyright.
• A proactive campaign to educate and reach out to scholars
their own self-interest in copyright management.
Copyright issues
• Permission must be obtained from the copyright owner to:
• –Deposit the works in the repository
• –Grant to the repository the right to allow end-users to access
and reuse the works (this can be subject to some restrictions)
Copyright issues
• If depositor does not own copyright or has permission to
deposit:
• Material cannot be deposited at all; or
• Material cannot be deposited in full; or
• Material may still be deposited, but access will be restricted
(usually in the case of embargo periods).
Copyright Issues
•Where copyright is assigned to a publisher or other party
•Where third party material is included in a submission
• Permission must be obtained from the copyright owner to:
• –Deposit the submission in the repository
• –Grant to the repository the right to allow end-users to
access and reuse the submission (this can be subject to
some restrictions)
Repository deposit licenses
Deposit license is a license entered into by a person, depositing
material in a digital repository.
• Depositors must enter into a Repository Deposit Licence
before depositing material into repository.
• Defines what repository can and cannot do with material
• Informs authors about the purpose of the repository
• Reassures authors that copyright isn’t infringed by repository.
Structuring the deposit license
• Not too long
• Available online licenses
• Target the group and use plain native language
• Use website explaining why the license is required.
• Clarify further rights of users, any other usage except mere
viewing.
• Terms of license
Grant of Rights to the Repository
• “non-exclusive right” –the copyright owner retains the rights
to put these materials into other repositories
• “Reproduce/copy”
• “Adapt”-convert material to different files or formats for
preservation purposes.
• “Publish”- first publication right as the copyright owner
• “Electronically communicate”-make available online, as
primary function of digital repository.
• “distribute”
Source: Open Access to Knowledge Law Project
http://www.oaklaw.qut.edu.au/node/32 )
Establishing legal relationship
Depositors must:
• –own copyright or be authorised by the copyright owner
(which may be the publisher) to deposit the material into the
digital repository and
• –have the authority to grant to the repository the rights
necessary to make the material available for access by end
users in the digital repository.
Establishing legal relationship
• Repository managers should:
• –be very careful about checking that authors actually do have
permission to deposit their material in the repository and enter
into a Repository Deposit Licence
• –encourage authors to be more proactive in asserting their
rights when dealing with publishers
Repository users
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General public
Institution staff
A select group within the institution
The scope of access of different patrons /via agreement/license
with depositor.
Technical considerations
Technical maintenance of the repository
• –Assisting authors to deposit their work into the repository
• –Helping authors convert their files to PDF or other accepted
digital formats
• –Checking that documents are uploaded to the repository
correctly.
• ––Performing copyright checks
• –Removing any unauthorised material for the repository
• –Helping end-users access material in the repository
Source: Materials of “The Open Access and Research Conference”, 24-26
September 2008,
http://dspace.anu.edu.au/bitstream/1885/46794/1/fitzgerald_kiel_chisholm.pdf
What is copyright policy
A document which clearly sets out how copyright is handled in
your institution in relation to your specific project.
• A good policy is one customized to your need.
• It must be written in plain native language
• It must provide practical advices, answer all questions and
provide solutions to your daily copyright issues.
ALSO:
-it may provide sample copyright notices
Sample permission letters/forms
Portions of the relevant sections of the law and suggested further
reading.
Why to have open access policy
• Establishes the scope of materials that may be deposited into
the repository, and the conditions on which they may be
accessed.
• Sets out the repositories obligations in managing and
maintaining the materials that are deposited into it
Sources for developing policy
-The relevant law, (i.e National Copyright Law)
-External materials may be usable:
-From other sectoral organizations(with permission)
- From national libraries, university libraries etc.
- From national/international reproduction rights organizations.
- Some basic copyright or IP law textbooks can be readable.
- Get help or legal advice if you really need it.
Sample Open Access Policy and Principles
•We support the principle of open access to and the wide
dissemination of knowledge
•We recognise the importance of access to the results of publically
funded research.
•We believe that sharing work should not be prevented by restrictive
laws, practices or contracts.
•We support publishing in open access journals and depositing in
digital repositories
•We encourage authors to retain copyright where possible.
Advocacy
• Making authors aware of the repository and your Open Access
Policy
• –Seminars; hand outs; engaging with academics
• Addressing authors’concerns:
• –Concerns about the repository itself
• –Concerns about their copyright and other rights
• –Concerns about the deposit process
Source: Materials of “The Open Access and Research Conference”, 24-26 September
2008,
http://dspace.anu.edu.au/bitstream/1885/46794/1/fitzgerald_kiel_chisholm.pdf
Final thoughts
You can’t achieve 100% law compliance, but you can
 understand the law
 understand your major obligations
 identify really key risks
 develop a policy and strategy to manage risks
 produce guides, posters etc appropriate to your needs
 educate users and raise awareness about copyright issues
 try to foster respect and a copyright compliant cultures.