Transcript here. - OASPA

CC licenses, resources, and
current issues in OA
publishing
Timothy Vollmer
2 March 2016
Public Domain Dedication
Licenses
State of the Commons
1 billion
works
136
billio
n
views
34
languages
millions of
websites
What should
we talk about?
Content re-use powered by OA
Legal tools & resources for OA
authors
Text and data mining WRT licensing
& copyright reform
challenges for OA in “new” areas,
like HHS
Attribution & marking options
Q&A
Content re-use
OA OER
Legal tools &
resources
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Author addenda
Termination of transfer
Springing licenses
Projects and organizations
● Author addenda
○ standard agreements that can be
generated online by authors and then
attached to a publishing contract to
modify its terms to allow authors to
publish consistent with OA terms
http://scholars.sciencecommons.org/
● Termination of transfer
○ Most copyright laws give authors the
ability to regain their right to distribute
their works on their own terms
○ Developing a ToT calculator to provide
a user-friendly interface for authors to
input relevant information and obtain a
determination as to whether, when,
and how they can exercise their rights
● Springing licenses
○ a legal agreement whereby an author
grants future permission to use the
work under openly accessible terms
○ could be implemented where
embargoes required and use
expiration as “triggering event” to then
publish and share under open licenses
● Projects and organizations
○ Author’s Alliance
○ SPARC
○ Harvard Open Access
Project
○ Scholarly Communications
depts
Text and data mining
Wanted: policies and
practices that enable
researchers to conduct—
without restriction—
computational analyses on
texts and data
Carroll: “even content under a
[BY-NC license] can be freely
mined for commercial purposes
because the license applies
only to uses covered by
copyright, and copyright does
not regulate text mining—at
least in the United States.”
Keep copyright
out of TDM?
Would be nice.
Advocate for limitations and
exceptions to copyright for
TDM
UK has it, but only for
noncommercial purposes
EU thinking about it, but only
for “public interest research
organisations...for scientific
research purposes”
Even if copyright law would
support TDM, what about
incumbent publishers?
Baseline principle: right to
read is right to mine; i.e. no
additional permissions needed
In other words: Open
licensing is not required to
conduct text and data mining,
because text and data mining
is not regulated by copyright.
OA in humanities,
social sciences
Some typical
arguments against
open licensing...
● “misuse of research”
● “promotes plagiarism”
● “special needs for 3rd
party content”
● “moral rights challenges”
● open licenses do not replace norms and best
practices for scholarly citation
● CC licensors may request not to be
attributed at all, and can require users to
remove the credit otherwise required
● “no endorsement” clause prohibits users of a
work from implicitly or explicitly implying any
connection with the author
● open licenses require user to identify that
changes have been made
● original work remains
● CC licenses don’t license or sublicense in
any respect any content that the author
doesn’t own or control
● CC licenses preserve moral rights, to the
extent they exist
● but 4.0 states that licensors agree to not
assert any moral rights they have, to the
limited extent necessary to allow the public
to exercise the licensed rights
● attribution requirement in CC licenses
intended to satisfy the moral right of
attribution
Marking
https://wiki.creativecommons.org/Marking
Q&A