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In other words, it would be counter-productive. Given their own assessment of the database Directive, it is unlikely that the European Commission will re-introduce the idea of an international database treaty at WIPO in the near future. However, the Directive encourages the extension of the sui generis right to third countries on the basis of forced reciprocity.

Protection of databases in the European Union: Database Directive, Evaluation of database rules, etc. Institute for Information Law, University of Amsterdam. The Database Right File. A unique collection of case law on the European sui generis database right ivir. Creative Commons CC is a U. The internet offers new opportunities for distributing, sharing and re-using creative content. Much of this content is subject to copyright. Copyright protects a work as soon as it exists, giving the creator a set of exclusive rights over its reproduction, translation, public performance and recording.

Creative Commons offers an easy way for authors, artists, musicians and other creators to choose how to make their works available and under what conditions, and for users to identify the conditions under which a work may be used. Creative Commons uses easy-to-understand licences and a logo to help users identify Creative Commons licensed material.

An electronic version of the licence contains machine-readable metadata that describes the licence and indicates the copyright status, enabling CC-licensed material to be found by search engines and other online discovery tools. Creative Commons covers a wide range of creative content. This includes audio e. Several million pages of web content now use Creative Commons licences. Some well known websites that use CC-licensed content include the photo sharing website Flickr, the Internet Archive which maintains an archive of Web and multimedia resources, MIT Open Courseware, an initiative to put online educational material from the Massachusetts Institute of Technology courses.

Creative Commons offers a voluntary, flexible set of licence options chosen according to the level of protection and freedom that an author or artist wishes to have. The licences build upon the "all rights reserved" concept of traditional copyright to use across a spectrum from "some rights reserved" to dedication to the public domain known as "no rights reserved".

Each licence contains certain baseline rights and a number of options chosen by the creator, depending on how they want their work to be used.

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The options are:. This results in six main types of licence plus a few others for specialised applications e. Each licence type has three versions:. Science Commons, an offshoot of Creative Commons, aims to remove unnecessary legal and technical barriers to scientific collaboration and innovation. Their long term vision is to provide more than just useful contracts, but to also combine publishing, data and licensing approaches into an integrated and streamlined research process. Policy issues in considering Creative Commons licences.

Creative Commons licences originate from the United States and so are based on U. This means that some of the concepts are not applicable to other countries of the world. Creative Commons International, another CC offshoot, is dedicated to the drafting and adoption of jurisdiction-specific licenses. This involves the literal and legal translation of the licences by volunteers to fit with the copyright law and legal system of a particular country.

National Creative Commons licences have been adopted so far in thirty-four countries from Argentina to the UK, with a further 20 under development. Before deciding to assign a Creative Commons licence to a work, there are a number of other factors to consider. The work should fall within a Creative Commons licence, the licensor must have the rights i.

One important point is that Creative Commons licences are non-revocable; this means that a creator cannot stop someone who has obtained the work under a Creative Commons licence from using the work according to that licence. Of course, they can stop distributing the work at any time they wish, but this will not withdraw from circulation any copies of the work that already exist under a CC licence. Furthermore, collecting societies, who manage rights on behalf of creators, in some jurisdictions may not permit members to CC-licence their works because of the way in which the creator assigns their rights to the collecting society.

Firstly, there is the creator aspect. By and large, libraries are users rather than creators of protected content. However, routine library activities may generate content protected by copyright which the library may wish to share with others e.

GLOSSARY: INTELLECTUAL PROPERTY RIGHTS

It is important to remember that the library must own the copyright in the work in order to license it. In this context, it may be necessary to check the terms of employment contracts with regard to ownership of work products.


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Then there is the user aspect. Libraries can avail of the millions of items of CC content when producing their own documents. For example, finding a cool new logo for the library brochure, using extracts from a recent travel guide as local visitor information for the website or including book reviews in the library acquisitions bulletin. In June , it was estimated that approximately million webpages had adopted CC-licences.

The Creative Commons brand has become one of the best known open content licences and receives regular coverage in the mainstream press, as well as analysis by academics and observers. As information professionals, librarians should be informed about such developments and should be able to advise library clients on issues relating to the access and use of digital content. In some institutions, the librarian has attained an expertise in legal issues in the digital environment and can play a role in keeping colleagues abreast of fast-moving developments in this increasingly complex area.

Freedom fighter with a guilty conscience. Lawrence Lessig explains his mission to limit the cultural damage caused by copyright. A guide to Creative Commons thinking for cultural organisations. There are two ways in which this can be realised: through open access journals and through institutional or subject-based repositories. An open access journal is freely available online and does not rely upon traditional subscription-based business models to generate income.

Instead, new business models including an article processing fee, sponsorship, advertising or a combination of these are used. Peer-reviewed OA journals have been launched across numerous disciplines including biology and neglected tropical diseases from the Public Library of Science PloS , while BioMed Central and Bioline International collectively publish over titles. Furthermore, a number of major traditional publishers including Oxford University Press, Springer and Elsevier offer authors the option of placing their journal articles on open access in exchange for payment of a fee, known as an article processing charge.

An institutional repository is a publicly accessible archive where the work published by authors affiliated with the university or institution is posted online. Using interoperable software which is Open Archives Initiative OAI compliant, the deposited works can be searched and harvested. Open access has changed forever the landscape of scholarly communications, while the economics of OA is still debated among academics and researchers, university administrators, librarians, funding agencies and commercial and learned society publishers.

Scientists and academic authors strive for maximum impact for their work. The more their research output is cited and used, the better it is for their career and institution, future funding possibilities as well as the overall benefit of science and society. Spurred by the move from the paper to the electronic working environment, the structure within which researchers work has been changing rapidly. New tools of communication have caused researchers to become increasingly aware of the restrictions and barriers to accessing their work, and the work of their peers, under the traditional journal publishing system.

This typically required authors to transfer their copyright to the publisher, thus removing their control over distribution of the work e. Research output was thus available only to those institutions subscribing to the journal in question. Funding agencies want to ensure that the research they fund has the greatest possible research impact measured in the number of citations and that publicly funded research is made publicly available. Yet they found that sometimes they could not access the results of research that they themselves had funded because their institution did not subscribe to the journal in which it was published.

In particular, debate on the right of public access to publicly funded research has led to new policies for grantees e. If the traditional publishing system alone were to continue, peer access to research outputs would become increasingly restricted since libraries can no longer afford to provide sufficient access to traditional journal articles. The global movement for change to introduce OA journal publishing and open institutional repositories for research papers and data that has resulted from this dissatisfaction, has garnered support from academics, prestige funding institutions, legislators and libraries, and continues to grow.

It offers the first definition of OA and sets out the strategies and goals for access to scholarly communications. Both provide definitions of OA and focus on the role of funders. Free for All? Senate — requiring OA for all research funded by the 11 largest governmental funding agencies. The University of Kansas became the first public university in the U.

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A workshop convened by the Indian Institute of Science, the Indian Academy of Sciences and the M S Swaminathan Research Foundation highlighted the invisibility of unique developing country research within the corpus of international science and produced a model National Open Access Policy for Developing Countries. A series of national and regional workshops sponsored by the Open Society Institute OSI and organised by Electronic Information for Libraries EIFL since has led to the establishment of over OA repositories, the creation of OA working groups, pledges of support from national research foundations, and the formulation of national recommendations, such as the Belgorod Declaration by Belarussian, Russian and Ukrainian universities.

Additionally, Hong Kong universities introduced an OA policy for publicly funded research, and open access to research information was included in the Olvia Declaration of universities in Ukraine. Institutions need clear copyright policies that set out the relationship between authors and the institution, clarifying who owns the copyright in the work.

TITLE 2—THE CONGRESS