creative commons licensing within a south african scholarly journal context

Welcome to the webinar on

Creative Commons Licensing within a South

African Scholarly Journal Context

Dr Tobias Schonwetter

Director: IP Unit, Dept. of Commercial Law, University of Cape Town

27 May 10:00 – 11:00

Programme Director: Susan Veldsman (Director: SPU, ASSAf)

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This presenta,on is not about WHY we should have Open Access Academic Publishing;

it’s about the legal mechanism behind Open Access Publishing

<Background>

Many argue that the current model of publishing is somewhat broken and OA is an attempt to develop a new model that ensures fairer and broader distribution of

knowledge material.

Funder pressure to publish openly

Ins,tu,onal OA Policies

UCT is not an early adopter – 200+ universities worldwide have OA mandates or policies

But there are few universities in Africa, and in SA only UNISA has an OA policy

<Open Access Policy: key provisions>

Sec 5.1: Peer reviewed articles must be deposited into UCT’s digital repository, unless publisher agreement contains restrictions (“deposit or explain”) UCT encourages employees and students to make all forms of scholarship available and to publish in peer reviewed OA journals UCT discourages copyright to be assigned to publishers if publisher restricts sharing

Sec 5.3: Students shall upload final versions of theses to digital repository prior to graduation.

Sec 5.2 & 5.5: UCT Libraries responsible for institutional repository and for managing and

implementing the OA policy

“Copyright is the exclusive right in relation to work

embodying intellectual content to do or to authorize to do

certain acts in relation to that work.”

Protected works in

1.  Literary, musical and artistic works 2.  Cinematograph films 3.  Sound recordings 4.  Broadcasts 5.  Computer programs

1.  reproduce 2.  make adaptations 3.  broadcast 4.  distribute 5.  perform 6.  display in public 7.  cause a work to be transmitted in a diffusion service

Exclusive (economic) rights (“certain acts”)

Basic requirements for copyright protection

§  Originality

§  Material form

§  (Qualified person)

no registration necessary

the idea itself is NOT protected

ü depending on the nature of work

ü rule of thumb for literary works: end of the year in which author dies + 50 years,

Duration of copyright protection in

Author = owner

<Ownership>

but in employer-employee relationships – incl. in educational settings - the employer usually owns the copyright

<UCT IP Policy: key copyright provisions>

Sec 8.1: UCT holds copyright in, e.g.: Multiple choice tests and examination answers Syllabuses & Curricula Computer software developed at UCT UCT publications (Monday paper, websites etc)

Sec 8.2 & 8.3: UCT assigns copyright to author for, e.g.: Scholarly publications

Art, music, films Course materials (but UCT retains perpetual licence)

Student theses (subject to licence)

“UCT supports the publication of materials under Creative Commons licences to promote the sharing of knowledge and the

creation of Open Educational Resources.” (sec 9.2)

Assignment transfer of rights

permission to make use of copyrighted

material

Licensing

Open educa5onal resources are educa,onal materials and resources offered freely and openly for anyone to use and under some open licenses to re-‐mix, improve and redistribute, including learning content.

Open Access is the prac,ce of providing unrestricted access via the Internet to peer-‐reviewed scholarly journal

ar5cles. Open Access is also increasingly being provided to theses, scholarly monographs

and book chapters.

hBp://www.slideshare.net/AndyPriestner1/open-‐access-‐at-‐cambridge-‐judge-‐business-‐school-‐29-‐november-‐2013

The legal mechanism behind OA and OERs are: open licences!

There are many different open licences – but CC is the most widely used open licence for literary works and music.

Creative Commons provides free licences that make it easier for people:

to disseminate their works and

share and build upon the work of others

consistent with the rules of copyright.

A set of pre-formulated licences

6 licences to choose from, by combining 4 key licence terms

Distinguish 2 scenarios:

use of (third party) open material / open distribution of your material

If you want to use CC licensed material created by others, just look out for a symbol like this:

or

Human readable deed / lawyer readable licence / machine readable code

Combining openly licensed material in a new work can be a bit tricky though…

If you want to licence your material under a CC licence, upload it to a platform that distributes content openly…

www.creativecommons.org

…or go to www.creativecommons.org

And follow the instructions on the website to attach the chosen licence to your work.

More information: http://ip-unit.org/wp-content/uploads/2015/02/CC-Guidelines.pdf

And if I am an editor / publisher?

Make sure, you have the necessary rights to publish under an open licence (contract with contributors / deal with &

educate about third party content)

Lastly: Elsevier

30 April 2015

Key criticism

•  Embargo periods are too long (up to 48 months) •  Authors have to apply an NC and ND licence when

depositing into repositories •  Policy applies to “all articles previously published

and those published in the future”

Thank you very much!

Questions?

Creative Commons Licence

This presentation is the work of Dr. Tobias Schonwetter. [email protected]

@tobyschonwetter

It is licensed under a Creative Commons Attribution-ShareAlike 4.0 South Africa License.

To view a copy of this license, visit

http://creativecommons.org/licenses/by-sa/4.0/za/