Open Access to Scholarly Communications & Open Licensing

Dr. Priya RaiDeputy Librarian & Head

National Law University Delhi

Email: priyarai@nludelhi.ac.in

Agenda Layout

• Basic Introduction of Open Access Movement

• Key Development in Scholarly Publishing

• Discuss on Open Access Publishing & Initiatives

• Copyright And Licensing Issues Raised in Relation to Authors’ Rights.

Timeline of Key Developments In Scholarly Publishing

1945-1970RAPID GROWTH

Post Second World War research funding dramatically increased and

confirmed the role of commercial publishers as powerful actors in scientific

publishing.1964: JOURNAL RANKINGS AND IMPACT FACTOR (IF) METRICS INTRODUCED

BY THE SCIENCE CITATION INDEX.

The cost of print journal subscriptions continued to rise year over year

resulting in the Serial Pricing Crisis. Academic publishers started exploring

pricing models for digital publishing.

1991: THE UNIVERSITY LICENSING PROJECT (TULIP) IS ESTABLISHED.

ELSEVIER AND NINE UNIVERSITY LIBRARIES EXPLORE DIGITAL PUBLISHING

Biomed Central explored a new pricing model (Article Process Charge

(APC)) which charged authors to enable free access to individual articles.

Libraries are no longer purchasing tangible objects (books, journal issues);

they negotiate digital licenses to access online content.2002: BUDAPEST OPEN ACCESS INITIATIVE RELEASES A PUBLIC STATEMENT

OF OPEN ACCESS PRINCIPLES

The Open Access movement continues to move forward. Publisher

business models evolve to respond to demand for freely accessible research

without barrier or restriction: hybrid, lay-over, new content licenses. The

research ecosystem moves beyond Open Access to Open Science.FOUR FUNCTIONS OF PUBLISHING RE-ORGANIZED: REGISTRATION,

CERTIFICATION, DISSEMINATION, PRESERVATION. 2012: F1000 RESEARCH,

PEERJ, AND ELIFE ARE LAUNCHED.

1971 – 1995PRINT PUBLISHING

1996 – 2004DIGITAL AGE

2005 –OPEN ACCESS

Source: : https://www.eosc-portal.eu/sites/default/files/KI0518070ENN.en_.pdf

OPEN ACCESS MOVEMENT Bridging the Gap between Scholarly Communication and Publishing

Open Access (OA) literature is digital, online,

free of charge, and free of most copyright and

licensing restrictions.The PLoS defined Open Access as

"free availability and unrestricted use”

Open Access RemovesPrice Barriers:

subscriptions, licensing fees, pay-per-view

Fees & Permission Barriers:

most copyright and licensing restrictions.

Open Access to scholarly communications are

connected to new technological based digital form

of scholarly publishing, also comply with well-

established peer-review processes and maintain

high publishing standards in OA Journals

The open access movement in its diverse forms

constitutes the most interesting and promising

model for the research output of an academic

library or university

Budapest Open Access

Initiative,

2001-2002

Bethesda Statement on

Open Access Publishing,

2003

Berlin Declaration on

Open Access to

Knowledge in the Science

and Humanities,

2003-2005

Three b’s of Open Access Initiatives

Scholarly Innovation and Research Outcomes in

Commercial Platform

Tec

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The advent of technologies has

proliferated the heavy and

incredible growth of scholarly

research conducted at universities

and institutions around the world.

The findings and recommendations

of the research outcomes generally

published in the scholarly journals,

but the access to academic

publishing is restricted to

subscribers of articles.

Op

en A

cces

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ub

lish

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The research product is

generally government funded

and the fruits are enjoyed by the

private players as the

researchers publish and

handover their research

outcomes to private publishers

without any expectation.

To access the published work,

the researcher again has to pay

to the aggregators to retrieve

the academic content on

purchase mode.

Open Access Publishing:

Bridging Digital Divide…

Tec

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Op

en A

cces

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ub

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When anyone can read,

download, copy, distribute, print

or use it in education or another

way within the legal agreements,

the publication is called 'open

access', as there are no financial,

legal or technical barriers.

The recommendations of

the Budapest Open Access

Declaration—including the use of

liberal licensing (such as CC

BY)— is widely recognized in the

community as a means to make a

work truly open access.

The problem took the shape of

International Academic

Movement and proposed new

model for academic publishing

called Open access publishing.

The principles of open access

are set out in Berlin

Declaration 2003. It emphasizes

on free and open online access

to academic information such

as publications and Research

data.

Open Access Publishing:

Bridging Digital Divide

Open Publishing : Alternatives to

Traditional Publishing Approaches

Source: https://www.taltech.ee/institutes/library-3/resources/open-access-2/the-two-main-routes-to-open-access/

Routes of Open Access Publishing

“If you have an apple and I have an apple and we exchange these apples then you and I will still each have one apple. But if you have an idea and I have an idea and we exchange these ideas, then each of us will have two ideas.”

George Bernard Shaw

UN under Article 19 of the Universal Declaration of Human Rights (UDHR) states:

“Everyone has right to freedom of opinion and expression; this right includes freedom to hold opinions without interference andto seek, receive and import information and ideas through any media and regardless of frontiers”.

Principles: To Strengthen Democracy of Information

Maximum Disclosure of Information

Obligation to Publish & Dissemination

Promotion of Open Government

Limited Scope of Exceptions

Processes to Facilitate Access

Open Access to Information Promotes

Rule of Law & Access to Justice

Guarantee of Social, Economic & Political Justice

As enshrined in the Preamble of our Constitution

Impact of Open Information Dissemination:

Individual and Community

There are many ways that libraries and other institutions can support open access,

ranging from simply providing information to enacting open access policies and

establishing institutional repositories.

Preparing Guides to Open Access

Encouraging dialog about open access, e.g., through

blogs/newsletters

Holding Open Access Week

events to promote awareness

Providing assistance in the conversion of institution-

based journals to open access journals

Establishing Institutional Repositories

Establishing open access databases

Negotiating open access agreements with publishers

Forming academic centres devoted to scholarly

publishing

Copyright plays a vital role in scholarly publishing world. It provides authors with a set of rights and

enable them to utilize their work and recognized as the creator of the work. It includes moral and

economic rights.

Moral rights relate to the right to claim authorship for the work and object to any derogatory action in

relation to their work; economic rights relate to issues of ownership in the use and reuse of materials.

One of the important feature under Berne Convention for the Protection of Literary and Artistic Works

(1886) is moral rights are not transferred even when authors transfer all economic rights.

Although copyright is vested in the author, an author can grant all the rights that a publisher requires

through licensing with copyright transfer as it is not necessary.

Types of Digital Copyright License

Bare or Implied Licenses

Occurs when a person enters or uses the property

of another with the express or implied permission

of the owner or under circumstances that would

provide a good defense against an action for

trespass.

Shrink Wrap Licenses Browse Wrap Licenses

Term used in Internet law to refer to

a contract or license agreement covering access

to or use of materials on a web site or

downloadable product.

Express Written Contractual License

Click Wrap Licenses

A click wrap agreement is a type of contract that is

widely used with software licenses and online

transactions in which a user must agree to terms

and conditions prior to using the product or service.

An express contract is an exchange of promises in which the terms by which the

parties agree to be bound are declared either orally or in writing, or a combination

of both, at the time it is made.

is an end user agreement (EULA) that is enclosed

with software in plastic-wrapped packaging. Once

the end user opens the packaging, the EULA is

considered to be in effect.

Copyright & Open Licenses

The principal mechanism for

exercising copyright and related

rights is licensing.

Digital technologies emerged new

Licensing models for scholarly publishing,contrast to traditional practices inacademic and scholarly publishing, raisesvarious important issues and concerns inrelation to transfer of rights from author topublisher and bring new forms of licensingmodels in open publishing.

All Rights Reserved

Copyright

Its Mine

I do not allow you to take this material and

repurpose.

You need to ask my permission

To use this

Open License

Its Mine

I do allow you to take this material and

repurpose. Just remember to make proper

attribution. You don’t need to ask

my permission

To use this

Source: https://commons.wikimedia.org/wiki/File:Difference_between_open_license_and_copyright_with_all_rights_reserved.jpg

What is Open Licensing?

ReviseThe right to adapt, adjust, modify, or

alter the content itself (e.g., translate the

content into another language).

RemixThe right to combine the original or

revised content with other open content to

create something new (e.g., incorporate

the content into a mashup).

RetainThe right to make, own, and control copies

of the content.

ReuseThe right to use the content in a wide range

of ways (e.g., in a class, in a study group,

on a website, in a video)

Redistribute The right to share copies of the original

content, your revisions, or your remixes

with others (e.g., give a copy of the content

to a friend).

A legal document that give permission beyond copyright: 5Rs

D

DD

D

D

The license you choose

has a big impact on how

your work will be shared

and reused.

How Open is Your Content?

Open Publication LicensesPublic Domain Licenses

Permissive Licenses

Open Content LicensesCopyleft Licenses

Free or Open Licenses are subset of public copyright licenses.

They include free and open source software licenses and free content licenses.

Open Data Commons

Open Database License

Creative Commons Against DRM Licenses

Classification of Open Licenses

Classification of Open Licenses…

Against DRM 2.0is a free copyleft license for artworks. It is the first free content license

that contains a clause about related rights and a clause against DRM.30%

20%

Public-domain-equivalent Licenseare licenses that grant public-domain-like rights or/and act

as waivers. They are used to make copyrighted works usable by

anyone without conditions, while avoiding the complexities

of attribution or license compatibility that occur with other

licenses.

WTFPL license

CC0 License

Unlicense

Classification of Open Licenses…

Permissive Software LicenseAlso called BSD-like or BSD-style license, a free-

software license with minimal requirements about how the software

can be redistributed.

Copyleft Software licensesCopyleft type licenses are a novel use of existing copyright law to

ensure a work remains freely available

30%

• MIT License

• BSD licenses

• Apple Public Source License

• Apache License

• GNU General Public License

• Creative Commons Attribution

Share-Alike

• Mozilla Public License

The Open Content Licenseis a share-alike public copyright license by Open Content Project in 1998. The

license can be applied to a work to make it open content. It is one of the

earliest non-software free content licenses.

Classification of Open Licenses

Open Publication License (OPL)was published by the Open Content Project in 1999 as a public copyright license for

documents. It is First public copyright license intended for contents (i.e., documents) rather

than for software.

Open Database License (ODbL)a copyleft ("share alike") license agreement allows users to freely share, modify,

and use a database while maintaining this same freedom for others. ODbL is

published by Open Data Commons, Open Knowledge International.

30%

20%Open Data Commonsis a set of legal tools to help you provide and use Open Data. The goals of the open-source

data movement are similar to those of other "open(-source)" movements such as open-

source software, hardware, open contents, open education, open educational

resources, open government, open knowledge, open access, open science, and the open web.

Creative Commonsa non-profit organization that enables the sharing and use of creativity

and knowledge through free legal tools.

The CC movement is based on the notion of “some rights reserved”,

providing a balance between creators and consumers of intellectual

property. The concept allows clear indication of how work may be used,

reused and distributed, while ownership remains in the control of authors

and copyright owners.

Attribution or CC BYLicensees may copy, distribute, display and perform the work and make derivative

works and remixes based on it only if they give the author or licensor the credits

(attribution) in the manner specified by these.

Attribution-Share Alike or CC BY-SALicensees may distribute derivative works only under a license identical

("not more restrictive") to the license that governs the original work. Without share-

alike, derivative works might be sublicensed with compatible but more restrictive license

clauses, e.g. CC BY to CC BY-NC).

Creative Commons Zero or CC0CC0 is a legal tool for waiving as many rights as legally possible. Or, when not

legally possible, CC0 acts as fallback as public domain equivalent license.

Creative Commons Licenses which are

Considered Free

Conclusion

“Through open access, researchers and students from

around the world gain increased access to knowledge,

publications receive greater visibility and readership

and potential impact of research is heightened.

Increased access to, and sharing of knowledge leads

to opportunities for equitable economic and social

development, intercultural dialogue, and has the

potential to spark innovations”.

(Janis Karklins, UNESCO)

The role of library and information professionals are not only limited to creation of repositories but they have a

greater responsibility to systematic dissemination of research scholarships available in number of OA resources

around the world to support research and educational activities.

Web References

• A brief history of open access. available at https://digitalcommons.unl.edu/library_talks/123/

• Against DRM 2.0 available at https://en.wikipedia.org/wiki/Against_DRM_license

• Copy left Software Licenses available at https://en.wikipedia.org/wiki/Copyleft

• Creative Commons available at https://creativecommons.org/

• Creative Commons. Considerations for licensors and licensees. 2013 available at https://wiki.creativecommons.org/wiki/Considerations_for_licensors_and_licensees#Specify_precisely_what_it_is_you_are_licensing .

• Open Data Licenses available at https://en.wikipedia.org/wiki/Open_Database_License

• Permissive Software Licenses available at https://en.wikipedia.org/wiki/Permissive_software_license

• Public-Domain-Equivalent License available at: https://en.wikipedia.org/wiki/Public-domain-equivalent_license

• What is open access? Available at https://www.openaccess.nl/en/what-is-open-access

References

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