the beauty of some rights reserved: an introduction to creative commons molly kleinman, university...
TRANSCRIPT
The Beauty of Some Rights Reserved: An Introduction to
Creative Commons
Molly Kleinman, University of Michigan Library
This work is licensed under a Creative Commons Attribution License
Overview
• Copyright basics and author rights• Using copyrighted work • Reproduction by libraries and ILL• Introduction to Creative Commons• Open Access, Public Access, and
more• Reaching out to faculty and
researchers
Copyright Basics
The Congress Shall have power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
Photo by Amanda WalkerArticle I, Section 8, Clause 8 of the United States Constitution
What is copyright?
Copyright is a bundle of rights:
• The right to reproduce the work• The right to distribute the work• The right to prepare derivative
works• The right to perform the work• The right to display the work
Mommy, where does copyright come from?
Copyright happens automatically the moment a work is created, and lasts for the life of the author plus 70 years.
You used to need a copyright symbol ©, and to register your work with the copyright office, but you don’t anymore.
Copyright just happens.
Requirements for Copyright Protection
• Fixed in a tangible medium of expression
• Original work of authorship• Creative
What copyright protects
Copyright protects…• Writing• Music• Plays• Choreography• Visual art• Film• Sound recordings• Architectural works
Copyright doesn’t protect…
• Ideas• Facts• Titles• Data• Useful articles (that’s
patent)
The Public Domain
Works in the public domain are free for anyone to use, without permission.
• Works published before 1923• Some works published between 1923
and 1963, but it’s complicated• Works by the United States
Government
Life of the author + 70 yrs.
14 yrs. +14 yrs.
Copyright, the good old days:
And you had to register
Copyright today:
No registration required(unless you want to sue)
The duration of copyright
|
Term Extensions
Source: Tom Bell, http://www.tomwbell.com
Who is the copyright holder?
• The creator is usually the initial copyright holder.
• If two or more people jointly create a work, they are joint copyright holders, with equal rights.
• With some exceptions, work created as a part of a person's employment is a "work made for hire" and the copyright belongs to the employer.
How is copyright transferred?
• Exclusive transfer, a.k.a. Assignment– Copyright holder loses rights– Must occur in writing
• Non-exclusive license, a.k.a. Permission– Copyright holder retains rights– Can be in writing or verbal
Copyright Transfer Agreement Exercise
• Which agreement gives the author the fewest rights?
• Which agreement gives the author the most rights?
• What surprised you when you were reading these agreements?
Using Copyrighted Work
Exclusive rights, and limitations
Section 106 outlines the exclusive rights of copyright holders.
Sections 107 through 122 outline all of the limitations on and exemptions from those exclusive rights.
(Turns out copyrights are not as exclusive as you might have thought.)
Fair UseSection 107
There is no easy formula for determining fair use, but there are four factors to consider:
1) The nature of the work (factual, creative)2) The purpose of the use (educational, for-
profit)3) Amount of the work being used4) The potential impact of the use on the
market for the original.
First Sale DoctrineSection 109
Allows anyone to lend, borrow, and re-sell physical copies of copyrighted works.
Exemptions for teaching purposes
Section 110• Often referred to as the TEACH
Act, which is only the most recent update
• Applies to educational use, both in face-to-face classrooms and online
• Allows teachers to show or display all kinds of content, including music and movies, as long as it is relevant to the curriculum.
Clearing permissions
• Begin the process as early as possible.• Make your request in the manner
preferred by the publisher, even if that manner is fax.
• Provide detailed information about the work you want to use and the way you plan to use it.
• Follow up regularly• Obligatory mention of the Copyright Clearance Center (CCC)
Orphan works
If you can’t figure out who the copyright holder is, or cannot get a response from the person you think might be the copyright holder, you are dealing with an orphan work.
75% of all books are out of print but still under copyright.
Break!
Reproduction by Libraries and Archives
Section 108: It’s a mess, but it’s our mess
Reproduction by Libraries & Archives
Section 108(a)1) Copies are made without any commercial
advantage2) The collections of the library or archives
are – (i) open to the public, or – (ii) available not only to researchers affiliated
with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and
3) The copies must include a copyright notice
Unpublished Works Section 108(b)
• The library or archive must own the work
• Copying only for preservation & security OR deposit for research & use in a library or archives
• Three copies• If digital, access is limited to the
premises
Published Works - 108(c) • Copying only
– To replace a copy that is “damaged, deteriorating, lost or stolen”
– Or if the existing format has become obsolete– Obsolete = rendering device no longer
available or manufactured in the marketplace
• Only if an unused replacement is not available at a fair price
• 3 copies• If digital, access is limited to library
premises
Interlibrary Loan - 108(d-g)
• The copy must become the property of the user
• Library must have had no notice that the copy will be used for any purpose other than private study, scholarship, or research
• Library must display prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright
• “Systematic reproduction” in “aggregate quantities” is prohibited
CONTU Guidelines
• Commission on New Technological Uses of Copyrighted Works (CONTU)
• Drafted by a group of publishers, librarians, teachers, and other stakeholders
• Final Report released in 1978(!)
http://digital-law-online.info/CONTU/PDF/index.html
Rule of Five
For works published in the last five years, a library may request no more than five articles from a single journal title in a calendar year.
5 articles +< 5 years old +1 journal =Rule of Five
CCG or CCL? OMG!
CCG = Compliance CONTU GuidelinesCCL = Compliance Copyright Law
• Borrowing libraries must state which set of rules applies to each request
• Lending libraries are not responsible for confirming that the request complies with the relevant regulations, but they must require a statement of compliance.
Responsibilities
Borrowers• Include copyright
compliance statement
• Pay royalties on copies that exceed CONTU guidelines
• Keep records of all borrowing requests, filled or unfilled, for 3 years
Lenders• Display copyright
notice• Require compliance
statement• Deny requests that
don’t comply w/ CONTU or © law
• Comply w/ licenses of electronic journals
ILL and LicensesLicenses beat limitations every time• Read your licenses• Negotiate for more rights• Find a way to track your licensed
rights
Enter Creative Commons
A brief video interlude…
http://creativecommons.org/videos/get-creative
What is ?
Creative Commons provides free legal tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry.
How can it help?
Copyright comes with several rights, and creators may not want or need all of them.
Creative Commons allows creators to mark their work with permissions, and it gives everyone a growing pool of resources that are free to use without asking.
Mix and Match Licenses
AttributionNon-CommercialShare AlikeNo Derivative Works
Creators combine the different elements to create a license that suits their needs, and tells users what they can and can’t do with the work.
The six major licenses
AttributionAttribution Share AlikeAttribution No DerivativesAttribution NoncommercialAttribution Noncommercial Share Alike Attribution Noncommercial No
Derivatives
Three kinds of code
1) Human Readable2) Lawyer Readable3) Machine Readable
Human Readable Code
Lawyer Readable Code
Machine Readable Code<a rel="license"
href="http://creativecommons.org/licenses/by-nc/3.0/">
<img alt="Creative Commons License" style="border-width:0" src="http://i.creativecommons.org/l/by-nc/3.0/88x31.png" />
</a><br />This <span
xmlns:dc="http://purl.org/dc/elements/1.1/" href="http://purl.org/dc/dcmitype/" rel="dc:type">work</span> is licensed under a
<a rel="license" href="http://creativecommons.org/licenses/by-nc/3.0/">Creative Commons Attribution-Noncommercial 3.0 License</a>.
What can be licensed?
• Photographs• Video• Articles• Illustrations• Websites• Music• Any copyrighted creation, especially
if it is online.
Where to find licensed work
• http://flickr.com• http://ccmixter.org• http://oercommons.org• http://merlot.org • http://creativecommons.org• http://google.com/
advanced_search
How to use licensed works
• Make sure that your use complies with the terms of the license
• If your work will be online, include a link back to the original work
• Attribute the original creator• Include the Creative Commons
license
Ideal attribution
This video features the song “Play Your Part (Pt.1)” by Girl Talk, available under a Creative Commons Attribution-Noncommercial license. © 2008, Greg Gillis.
Practical Attribution
“CC on Disk” by Yohei Yamashita, CC-BY http://www.flickr.com/photos/monana7/321409149/
Choosing a license
• Do you hold the copyright?• Are you comfortable with people
profiting from your work?• Are you comfortable with people
changing your work?• Do you want derivatives of your
work to carry Creative Commons licenses?
Applying a license
• Visit http://creativecommons.org to pick a license.
• Copy and paste the code into your website.
A license notice
This work is licensed under a Creative Commons Attribution Noncommercial 3.0 license.
Open Access, Open Education, Open
Everything
What do we mean by open?
• Open to contributions and participation
• Open and free to access• Open to use & reuse with
restrictions• Transparency
Open to contributions and participation
As opposed to…
Open and free to access
As opposed to…
Open to use and reuse with few or no restrictions
As opposed to…
Transparency
As opposed to…
Commonalities
• Generally enabled by technology• Works both inside and outside of
traditional models• Supported by a variety of business
models – Open ≠ Free
Open movements
• Open access– Public access
• Open source• Open content• Open education• Open data
Open AccessBy 'open access‘ to literature, we mean its free availability on the public internet, permitting any users to read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself. The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited.
Budapest Open Access Initiative, 2002
Open AccessBy 'open access‘ to literature, we mean its free availability on the public internet, permitting any users to read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself. The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited.
Budapest Open Access Initiative, 2002
Key facts about Open Access
• Enabled by technology
• Exists in harmony with peer review
• Works both inside and outside of traditional models
• Supported by a variety of business models
Two (and a Half) Roads to Open Access
1) Open Access publishing
2) Author self-archiving
2.5) Hybrid: Commercial journals allow authors to pay to make articles freely available
1) Open Access Publishing• Peer-reviewed• Tends to be electronic-only• Supported by variety of funding models
– Institution / funder supported OR author-supported (2006 – 47% author supported)
• Generally allow authors to retain copyright and/or license under Creative Commons
• 4983 OA journals are indexed in the Directory of Open Access Journals across all disciplines
Challenges for OA Publishing
• Has taken time for impact factors to build
• Just beginning to get a real sense of what the costs are for supporting a high quality open access journal – business models still emerging
• Author pays model has better traction in the STM community
2) Author self-archiving
• Literature published through traditional channels that is made openly available through deposit in an online repository
• Repositories can be institutional, departmental, or discipline based
• Range of publisher policies on deposit– Often post-prints (final author manuscript)
can be deposited but publisher version cannot
Disciplinary Repository
Institutional Repository
Challenges for Self-Archiving
• Participation of faculty (particularly for institutional)– Discipline based repositories often rooted
in cultures used to sharing
• Questions of authority of pre-print/post-print
• Copyright issues murky and (often) frustrating– http://www.sherpa.ac.uk/romeo.php
2.5) Hybrid models• Subscription based journals that allow the
author to pay to make article open accessPublisher Price Notes
Elsevier Sponsored Article
$3,000 A few journals
Oxford Open $1,500 / 3,000 Lower price if institution subscribes; some journals
Springer Open Choice $3,000 All journals
Wiley Funded Access $3,000 Some journals
American Chemical Society AuthorChoice
As low as $1,000
Lowest price if institution subscribes & have personal membership
Plant Physiology $1,000 / Free OA free for members of ASPB
Common funding models
• Grants to publishers• Author charges• Institutional subscriptions• Society memberships• Library publishing services• Advertising
Compact for Open Access Publishing Equity (COPE)
…[E]ach of the undersigned universities commits to the timely establishment of durable mechanisms for underwriting reasonable publication charges for articles written by its faculty and published in fee-based open-access journals and for which other institutions would not be expected to provide funds.http://www.oacompact.org/compact/
Open Source
• Free to download
• Open to modify
• Contribute back code
Open Content
• Licensed to permit reuse & remixing
• Anything that’s copyrightable can become open content: images, text, music, video
• Open content licensing schemes include Creative Commons and the GNU General Public License
Open Education
Open Data• Open access to the underlying reserach
data, not just papers• Data should be available in reusable
forms (not tied up in pdfs for example) – Data wants to be acted upon
• Working Group on Open Data in Science (http://okfn.org/wiki/wg/science) and Science Commons (http://sciencecommons.org/)
Public Access
The NIH Policy, FRPAA, and Institutional mandates
Public Access Mandates: A very brief history
• Congress requested an NIH public access mandate in 2004; The NIH enacted a voluntary policy in 2005.
• In 2008, U.S. House and Senate passed a bill that included mandatory OA deposit for NIH funded research, and Bush signed it into law.
• Last month, the Federal Research Public Access Act (FRPAA, H.R. 5037) was introduced in the House (again).
The NIH Public Access Policy
The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine's PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication, to be made publicly available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law.
The Details of the Policy
• Applies to all articles accepted for publication on or after April 7th, 2008
• Affects research wholly or partially funded by the NIH
• Requires deposit in PubMed Central of final, peer-reviewed manuscript no later than 12 months after acceptance for publication.
• Is a legal obligation for researchers and a grant condition for institutions
Compliance with the Policy
Complying with the policy involves three elements:
– Obtaining copyright clearance from publishers
– Submitting the article to PubMed Central
– Subsequent citation of the article
Obtaining Copyright Clearance
An author can obtain the necessary copyright clearance to submit an article to PMC in one of three ways:
1. Publish in journals that do not claim an exclusive right to the copyright of the article.
2. Publish in journals that allow authors to comply with the NIH policy.
3. Amend the publication agreement with an author's addendum that includes language allowing deposit of the article into PMC
FRPAA
• Pending in the Senate• Would take the basic framework of the
NIH mandate and apply it to all federal agencies that spend $100 million a year or more on extramural research
• Would allow deposit in any approved repository, not require a single central one.
• Would shorten the embargo to 6 months.
Mandates: Harvard, Stanford, MIT, Kansas, and more
• Faculty governing bodies passed Open Access mandates for published work
• Nearly identical language, involving permission to the university to deposit in the IR, and including a waiver option
• Librarians provide support, especially in outreach and education
Reaching out to Faculty and Researchers
Why engage with faculty?
• They are producers and consumers of the products of scholarly communication
• They edit journals, sit on editorial boards, provide peer review, and are officers of scholarly societies
• They are the movers behind many new models of scholarship (often because of their own frustrations with the traditional model)
• Because they can make change in ways that libraries struggle to do on their own
What’s the faculty point of view?
• What are the practices in a particular discipline?
• How does the scholarly society(s) approach scholarly publishing and communication?
• What’s the culture in the department and college?
Why Do Faculty and Researchers Publish?
• To make an impact• To build a reputation• To engage with other scholars• To secure grant funding• To fulfill institutional and organizational
expectations• Professional advancement• To make money
Environmental ScanReview the scholarly communication
environments for particular disciplines and help to identify advocates and allies within the faculty.
Questions to ask• Who on the faculty are editors?• What are the major scholarly societies? What are their
policies on author rights? Open access? • Have any of the major journals published papers
about scholarly communication in the field?• Is there a disciplinary repository? Is it well used?• Do the common funders have open access mandates?• What are the tenure and promotion codes in the
department? • Are there faculty who are already involved in OA as
editors, authors, or instigators? (Befriend them).
Example: History Dept at Illinois
Example: History Dept at Illinois
• Several editors of journals on faculty• No disciplinary repository / no history of ‘pre-
prints’ per se but seminars where working papers are shared seemed common
• Suspicious of depositing anything but the authoritative version of article into repository
• Decline of monographs/univ presses a concern for many
• Some concern that their research wasn’t exposed and some concern about control of their research
• Some interested in digital humanities but wouldn’t try it until tenure was received
Supporting an OA mandate
• Must come from faculty; the library should help behind the scenes
• Begin educating faculty about OA well before the mandate comes to a vote
• Include a waiver option in the policy• Focus on author deposit, not OA
publishing
What else can librarians do?
• Include scholarly communication in subject librarians job descriptions
• Negotiate for self-archiving rights directly with publishers
• Collect and catalog OA journals / books / textbooks• Consider supporting OA author fees • When OA saves money, talk about it!• Start an institutional repository, or get more people
involved in the one you have. • Negotiate for our rights when we publish!
Resources• ARL Environmental Scan Outline and Toolshttp://www.arl.org/sc/institute/fair/scprog/scprogc.shtml• Univ. of Minnesota Environmental Scan Examplehttps://wiki.lib.umn.edu/ScholarlyCommunication/
SurveyPartOnehttps://wiki.lib.umn.edu/ScholarlyCommunication/
ScanPartTwo• ACRL Scholarly Communication Toolkithttp://www.acrl.ala.org/scholcomm/ • Create Change – ARL, SPARC, and ACRLhttp://www.createchange.org/• Peter Suber - Open Access Newshttp://www.earlham.edu/~peters/fos/fosblog.html• Directory of Open Access Journals: http://www.doaj.org/ • Sherpa/Romeo Publisher Copyright Policies and Self-
Archiving: http://www.sherpa.ac.uk/romeo.php
Credits“B&O tape recorder” by tobiastoft. CC-BY. http://www.flickr.com/photos/tobiastoft/3704019043/ “Browsing for books at The Strand” by SpecialKRB, CC-BY
http://www.flickr.com/photos/specialkrb/3790261673/ “Five Years” by Michael Ruiz. CC-BY http://www.flickr.com/photos/simax/3390895249/ “Rock, Paper Scissors” by Jesse Kruger. CC-BY
http://www.flickr.com/photos/jessekruger/464375923/ “CC on Orange” by Yamashita Yohei, CC-BY http://www.flickr.com/photos/monana7/324669781/ “A Spectrum of Rights” panel by Ryan Junell, http://creativecommons.org/about/licenses/comics1“CC on Disk” by Yamashita Yohei, CC-BY http://www.flickr.com/photos/monana7/321409149/ “Decorate your Christmas with some CC schwags.” by laihiu. CC-BY
http://www.flickr.com/photos/laihiu/306546521/ “Ambientes” by bachmont. CC-BY http://www.flickr.com/photos/bachmont/1454164919/ “OPEN” by Tom Magliery, CC BY-NC-SAhttp://www.flickr.com/photos/mag3737/1914076277/ “The winding roads of Spain” by SKI Tripper, CC-BY,
http://www.flickr.com/photos/nzer/2640367659/ “335/365 - February 17, 2009” by Meddy Garnet, CC
BYhttp://www.flickr.com/photos/meddygarnet/3289273036/ “Wikipedia – Art Historian” by quartermane. CC-BY
http://www.flickr.com/photos/mikeeperez/2453225976/
Slides 56-65, 69, 71, 74-75, 78-79, 82, 85, 95-97, 99-101, and 103 were created by Sarah Shreeves for the ACRL Scholarly Communications 101 Roadshow; used and licensed with permission.
Questions?
Questions?