open access 101: copyright, open access and free licensing
TRANSCRIPT
OPEN ACCESS 101
Michaela Voigt | [email protected]
University Library of TU Berlin | Workshop at IPODI Office on June 15th 2015
If not indicated otherwise content is licensed under CC BY 4.0 Creative Commons Attribution 4.0 International | https://creativecommons.org/licenses/by/4.0
Copyright, Open Access & free licensing
Agenda
I. German Copyright: Core principles
II. Open Access: Basics
a. Green Road
b. Golden Road
III. Creative Commons licenses
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
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GERMAN COPYRIGHT: CORE PRINCIPLES
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Copyright protection
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• Author = creator of a work• Supervisors of theses, student papers etc. are not considered to be creators
• Only natural persons (creators) can claim full copyright• vs. rights holder: natural or legal person
WHO
• Protection of original works• Ideas, concepts etc. are not protectable
• Work = intellectually created by a natural person (§ 2 UrhG) a.o.t• Literary works• Photographic works• Cinematographic works
WHAT
• Protected by law• No further registration necessary (in contrast to patents, trademarks, logos etc.)• Copyright term: 70 years after the creator‘s death
HOW
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Authors‘ Rights
• Right of first publication• Recognition of authorship• Right prohibit distortions of the work
Moral rights
(§§ 12–14)
• Reproduction• Distribution• Making available to the public• Performance, presentation• …
Exploitation rights
(§§ 15–24)
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Transfer of rights
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• Rights of use can be transfered (§ 31 UrhG)• … for each type of use individually• … limited in time (e.g. timespan of 5 years)• … geographically limited (e.g. distribution within Europe)• … as exclusive or non-exclusive right
Exploitation rights
• Rights holder can use the work exclusively• Even creator has to obtain rights for further use(s)Exclusive
• Rights holder can use the work• Creator can transfer non-exclusive rights to different
(natural or legal) persons
Non-exclusive
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Publishing Agreements
- Creator grants
Non-exclusive / exclusive rights
Rights to certain / all uses- Freedom of contract: contract partners negotiate terms
NB: inalienable right to self-archiving (cf. § 38 (4) UrhG)- Read your publication agreement and modify it if necessary!
Cross out sections where transfer of exclusive rights is
demanded
Retain rights with help of Author Addendum (SPARC Author's
Addendum recommended)
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
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OPEN ACCESS: THE BASICS
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Open Access Declarations
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Budapest Open Access
Initiative: Budapest
Declaration
Feb 2002
Bethesda Statement on Open Access Publishing
June 2003
Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities
Oct 2003
Berlin DeclarationOpen access contributions must satisfy two conditions:1) The author(s) and right holder(s) of such contributions grant(s) to all users a free,
irrevocable, worldwide, right of access to, and a license to copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship (community standards, will continue to provide the mechanism for enforcement of proper attribution and responsible use of the published work, as they do now), as well as the right to make small numbers of printed copies for their personal use.
2) A complete version of the work and all supplemental materials, including a copy of the permission as stated above, in an appropriate standard electronic format is deposited (and thus published) in at least one online repository using suitable technical standards (such as the Open Archive definitions) that is supported and maintained by an academic institution, scholarly society, government agency, or other well-established organization that seeks to enable open access, unrestricted distribution, inter operability, and long-term archiving.
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Berlin DeclarationOpen access contributions must satisfy two conditions:1) The author(s) and right holder(s) of such contributions grant(s) to all users a free,
irrevocable, worldwide, right of access to, and a license to copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship (community standards, will continue to provide the mechanism for enforcement of proper attribution and responsible use of the published work, as they do now), as well as the right to make small numbers of printed copies for their personal use.
2) A complete version of the work and all supplemental materials, including a copy of the permission as stated above, in an appropriate standard electronic format is deposited (and thus published) in at least one online repository using suitable technical standards (such as the Open Archive definitions) that is supported and maintained by an academic institution, scholarly society, government agency, or other well-established organization that seeks to enable open access, unrestricted distribution, inter operability, and long-term archiving.
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Benefits of Open Access
Increased visibility and
citation advantage
Free access to publicly financed research results
Authors retain
exploitation rights
Good findability by
search engines &
other indexing services
Promoteinternational
and inter-disciplinary cooperation
Promote research
efficiency by rapid
discussion of research results
Improved supply of
information & response to serials
crisis
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Roads to Open Access
Golden Road Green Road
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
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Happiness Is Only Real When Shared, by Jose Roberto V Moraes, licensed under CC BY 2.0
muhuhuhuhuh, by Alex4739924, licensed under CC BY-SA 3.0
OPEN ACCESS: GREEN ROAD
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Roads to Open Access: Green OA
In addition to traditional Closed Access publication
Deposit on• Institutional repository• Disciplinary repository
Usually no transfer of further rights to public• Restricted re-use
Dependant on rights holder‘s policy• Embargo?• Version?
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
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The choice is yours…(1) Insitutional repository
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- Text publicationsArticles, book chaptersConference contributions,
proceedingsPreprints, project reportsTheses…
- Research Data Audio Images Software Video …
https://opus4.kobv.de/opus4-tuberlin
https://depositonce.tu-berlin.de/
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
The choice is yours… (2) Cross-institutional and/or disciplinary repository
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And many more Directory of Open Access Repositories (OpenDOAR) http://www.opendoar.org Registry of Open Access Repositories (ROAR) http://roar.eprints.org/ Registry of Research Data Repositories (re3data) http://re3data.org/
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
https://www.econstor.eu/http://biorxiv.org/
http://www.ncbi.nlm.nih.gov/pubmed http://figshare.com/
http://arxiv.org/
http://datadryad.org/
http://cogprints.org/
http://zenodo.org/
http://www.ssoar.info/
Consider your institutional repository!
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- Persistent Identifier (URN / DOI)
- Objects are retrievable via
Library catalogue (e.g. TU Library, KOBV, German National Library)
Search engines (the usual suspects)
Academic search engines (e.g. BASE, Google Scholar)
- Services for authors
Rights clearance service
Depositing service
Advise on free licenses
PDF/A support
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Self-archiving
Publishers‘ policies Legal right
Special OA rights
Get permission from publisher
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Publishers‘ policies
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- Many publishers allow self-archiving- Conditions can differ
Preprint, postprint or publisher‘s PDF?
Personal website, institutional repository, disciplinary repository?
Embargo of 6, 12 oder 24 month?
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Publishers‘ policies II
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- General information,
not legally binding- Database on journal
publishers‘ policies on
self-archiving- Policies for
monographic works
have to be checked
separately
http://www.sherpa.ac.uk/romeo/
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
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Authors may self-archive the author’s accepted manuscript of their articles on their own websites. Authors may also deposit this version of the article in any repository, provided it is only made publicly available 12 months after official publication or later. He/ she may not use the publisher's version (the final article), which is posted on SpringerLink and other Springer websites, for the purpose of self-archiving or deposit. Furthermore, the author may only post his/her version provided acknowledgement is given to the original source of publication and a link is inserted to the published article on Springer's website. The link must be provided by inserting the DOI number of the article in the following sentence: “The final publication is available at Springer via http://dx.doi.org/[insert DOI]”
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Legal right to self-archive§ 38 (4) German Copyright Law
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- Can not be revoked as part of a publishing agreement- Periodical contributions only- Postprint only- 12 month embargo- Valid for publications dating vom January 2014 or later
(…) scientific contribution which is the result of a research activity publicly funded by at least fifty percent and which has appeared in a collection which is published periodically at least twice per year (…)(translated by Ute Reusch / juris GmBH)
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Special Open Access rights
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- Some publishers grant special open access rights as part of a licensing
agreement- Germany: e.g. „Allianz-Lizenz“ and „Nationallizenz“- Conditions can differ
Postprint or publisher‘s PDF?
Personal website, institutional repository, disciplinary repository?
Embargo of 6, 12 oder 24 month?
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Get permission from publisher
- Publisher does not have official OA policy?- Legal right to self-archive does not apply?- No special OA rights known or in existance?
It does not hurt to ask! Often, not always, publishers grant the right when asked directly…
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Self-archiving
Publishers‘ policies Legal right
Special OA rights
Get permission from publisher
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It‘s often difficult to decide whether the legal right to self-archiving applies or what a publisher‘s policy on self-archiving is exactly.
We are happy to help. Please contact us: [email protected]
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
OPEN ACCESS: GOLDEN ROAD
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Roads to Open Access: Gold OA
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Access to peer reviewed version• Immediatedly• Online• Worldwide• Free of cost
Transfer of rights to public• Copy• Share• Distribute
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Again, the choice is yours…
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And many more Directory of Open Access Journals (DOAJ) http://doaj.org/ Directory of Open Access Books (DOAB) http://www.doabooks.org/
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Business and publication models
- Publication types
Journals, series,
monographs, …- Publishing models
E-only
Hybrid
- OA is not free of cost- Business models e.g.
Article processing charge (APC)
Membership models
Institutional sponsorship
Subscription fees for hybrid
model
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
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What about quality?
- OA is not per se indicator on quality
OA = publishing model
Just like in closed access world: publishers and editors have to
ensure quality- When choosing a publisher make sure…
Professional management
Proper peer review
Proper license- Check out Beall‘s List on predatory OA publishers (esp. Criteria for
determining…)
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Recommendations
• Check out OA alternatives in your discipline
• Ask library or programm manager for help
Publish Open Access!
• Proper licensing (CC BY)• Professional publisherGo Gold OA!
• Read publishing contracts & negotiate terms
• Retain rights to self-archive• Keep post prints
Gold OA not possible? Go Green OA!
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
CREATIVE COMMONS
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CC in a nutshell
- Non-profit organization- Founded in 2001 in USA- Version 1.0 of licenses released in 2002- Licenses developed in the US
Intended for international use- License modules evolved over the years
Latest version is 4.0 of 2013
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Why CC licenses?
- Use creative potential: facilitate use and
distribution of works- Apply copyright in the digital world
(c) All rights reserved
(cc) Some rights reserved
Tool to expand default values of
copyright
Rights and duties for creators & users
Licensor cannot revoke these freedoms
as long as you follow the license terms
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Figure by Timothy Vollmer (cc) 2013, licensed under CC BY 4.0 International
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Modular design
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4 license modules 6 possible types of licenses- BY: Attribution- SA: Share-alike- NC: Non-commercial- ND: No derivatives
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
License elements
- Legal code- Human readable version (commons
deed)- Machine readable version
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Three “Layers” Of Creative Commons Licenses by Creative Commons, licensed under CC BY 3.0 Unported
Legal code
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Human readable version (commons deed)
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Machine readable version
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
License terms
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Always allowed
• Reproduce and distribute
• Perform publicly
Always mandatory
• Give attribution
• Link to source• Link to
license
Possibly further restrictions
• Example 1: commercial use
• Example 2: derivatives
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Why not…?
NC – Non-commercial
• Notion “non-commercial” not clearly defined
• Prohibition of uses that you actually would want to allow
SA – Share-alike
• Threat of license incompatibility for further uses
• Princible of “copyleft” applies to “adaptations” only – partly difficult to distinguish: what is an adaptation?
ND – No Derivatives
• Partly difficult to distinguish: what is an adaptation or derivative?
• Not compatible with demand to re-use of open access works
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Why not…?
NC – Non-commercial
• Notion “non-commercial” not clearly defined
• Prohibition of actually desired uses
SA – Share-alike
• Threat of license incompatibility for further uses
• Princible of “copyleft” applies to “adaptions” only – partly difficult to distinguish: what is an adaptation?
ND – No Derivatives
• Partly difficult to distinguish: what is an adaptation or derivative?
• Not compabtible with demand to reuse of open access works
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Only CC BY complies with demands to re-use open access works.
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
NC – Non-commercial
- Legal code does not define “commercial” clearly - So far there is no clear (German) court ruling to interprete term “non-commercial”- When in doubt it‘s better to abstain from using a NC-licensed work- Recommendation: avoid NC modul when licensing own (scholarly) works
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You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.(see 4. b of CC BY NC 3.0 legal code)
A commercial use is one primarily intended for commercial advantage or monetary compensation.(see tool tip for “commercial purpose“ in CC BY NC 3.0 commons deed)
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
SA – Share-alike
- SA module applies to adaptations “only”- Goal: extend pool of freely licensed works- Most commonly known user: Wikipedia- NB: what does “adaptation” mean?
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You may Distribute or Publicly Perform an Adaptation only under the terms of: (i) this License; (ii) a later version of this License with the same License Elements as this License; (iii) a Creative Commons jurisdiction license (either this or a later license version) that contains the same License Elements as this License (e.g., Attribution-ShareAlike 3.0 US)); (iv) a Creative Commons Compatible License.(see 4. b of CC BY SA 3.0 legal code)
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
ND – No Derivatives
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“Adaptation” means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image (“synching”) will be considered an Adaptation for the purpose of this License.(see 1. a of CC BY-ND 3.0 legal code)
Adaptation – yes or no?
Strictly technical changes and copies?
No, see CC-Lizenztextlesung (Video in German, cf. 00:35:00)
Use a CC-licensed song to add music to a video?
Yes, see CC-Lizenztextlesung (Video in German, cf. 00:36:50)
Inclusion in collection? No, see paragraph 1. a CC BY 3.0 legal code
Trim or colorize a photo? Maybe: trimming a photo is an adaptation if it changes the photo‘s message (cf. court ruling OLG Köln, Urteil vom 31.10.2014, Az. 6 U 60/14)
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Contact
Michaela Voigt 030 314 76130
Dagmar Schobert 030 314 76127
www.ub.tu-berlin.de/
http://blogs.ub.tu-berlin.de/openaccess/
@UB_TU_Berlin
http://de.slideshare.net/UB_TU_Berlin
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Source credits
- “What Is the Problem?” graphic, content by Jill Cirasella / graphic design by Les LaRue,
http://www.leslarue.com/, licensed under a Creative Commons Attribution-ShareAlike 3.0
Unported License
- Happiness Is Only Real When Shared, by Jose Roberto V Moraes, licensed under CC BY 2.0
- muhuhuhuhuh, by Alex4739924, licensed under CC BY-SA 3.0
- Fix copyright figure by Timothy Vollmer (cc) 2013, licensed under CC BY 4.0 International
- Three “Layers” Of Creative Commons Licenses by Creative Commons, licensed under
CC BY 3.0 Unported
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Further reading
- Information provided by the University Press: http://verlag.tu-berlin.de/
- TU Berlin, Referat V D: Leitfaden Urheberrecht der Technischen Universität Berlin (13.11.2014)
- Beall, Jeffrey Beall‘s List on predatory OA publishers Criteria for Determining Predatory Open-Access Publishers
- Creative Commons: Frequently Asked Questions Best practices for attribution instruction incl. Examples for how to mark CC-licensed works License Versions information on backround, history and differences between the different
versions of CC licenses
- SHERPA/RoMEO Database on journal publishers‘ policies on self-archiving
- Directory of Open Access Journals (DOAJ)- February 2015: more than 10000 scholarly OA journals documented
- Directory of Open Access Books (DOAB)- February 2015: more than 2700 OA books by approx. 90 publishers documented- Allows search for publishers that publish OA books
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Further reading (2)
- SPARC Author's Addendum
- Klimpel, Paul: Freies Wissen dank Creative-Commons
-Lizenzen. Folgen, Risiken und Nebenwirkungen der Bedingung »nicht-kommerziell - NC« (2012)
- Kreutzer, Till: Open-Content-Lizenzen. Ein Leitfaden für die Praxis (2011)
- pb21.de: CC-Lizenztextlesung – Juristen und Pädagogen erklären die Creative Commons
Lizenzen (2014) legal experts Till Kreutzer and John H. Weitzmann comment on and explain
legal code of CC licenses (Video in German, approx. 2 h 10 min)
- Search for Creative Commons-licensed content- Wikimedia Commons: search for freely licensed images, audio and video material- Flickr: allows filtering for CC licensed content (see Advanced search)- Google Bilder: after submitting a query select “search tools” and filter for “usage rights”
- open-access.net Information platform about Open Access- a.o.t. information on legal issues and business models- see FAQ for authors
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015