Copyright management and open access

Presenter: Hasmik Galstyan

eIFL-IP expert

hgalst@aua.am

Affiliation: 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 authorshipb) The right of author’s namec) The right of honor and reputation of the authord) 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

• 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/model-licences

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/handbook-complete-text

eIFL.netelectronic 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.netelectronic 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

• 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 non-open 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 Projecthttp://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

• 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 repositorySource: 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 noticesSample permission letters/formsPortions 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 processSource: 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.