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Creative Commons Licensing within a South African Scholarly Journal Context
- 1. Welcome to thewebinar 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) Proudly brought to you by Please type ques,ons in the text/chat box to the right Please keep your microphone muted at all ,mes
- 2. This presenta,on is not about WHY we should have Open Access Academic Publishing; it’s about the legal mechanism behind Open Access Publishing
- 4. <In a nutshell:OA objectives>
- 5. <Background> Many argue thatthe 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.
- 6. Funder pressure to publish openly
- 7. Funder pressure to publish openly
- 8.
- 9. UCT is notan 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
- 10. <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
- 12. <to fully understandwhy we need open licences here we need to briefly talk about copyright>
- 13. “Copyright is theexclusive right in relation to work embodying intellectual content to do or to authorize to do certain acts in relation to that work.”
- 14. Protected works in 1. Literary, musical and artistic works 2. Cinematograph films 3. Sound recordings 4. Broadcasts 5. Computer programs
- 15. 1. reproduce 2. makeadaptations 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”)
- 16. Basic requirements forcopyright protection § Originality § Material form § (Qualified person) no registration necessary the idea itself is NOT protected
- 17. ü depending on thenature of work ü rule of thumb for literary works: end of the year in which author dies + 50 years, Duration of copyright protection in
- 18. Default & automaticAll Rights Reserved situation
- 19. Author = owner <Ownership> butin employer-employee relationships – incl. in educational settings - the employer usually owns the copyright
- 20. <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)
- 21.
- 22. Assignment transfer of rights permissionto make use of copyrighted material Licensing
- 23. <OA publishing andopen licensing>
- 25. 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.
- 26. 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.
- 27.
- 29. The legal mechanism behind OA and OERs are: open licences!
- 30. Remember: © createsa default & automatic All Rights Reserved situation
- 31. There are manydifferent open licences – but CC is the most widely used open licence for literary works and music.
- 33.
- 34. Creative Commons providesfree 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.
- 35. A set ofpre-formulated licences
- 37. 6 licences tochoose from, by combining 4 key licence terms
- 38. Distinguish 2 scenarios: useof (third party) open material / open distribution of your material
- 39. If you wantto use CC licensed material created by others, just look out for a symbol like this: or
- 42. Human readable deed/ lawyer readable licence / machine readable code
- 43. Combining openly licensedmaterial in a new work can be a bit tricky though…
- 44. If you wantto licence your material under a CC licence, upload it to a platform that distributes content openly… www.creativecommons.org
- 46.
- 47. And follow theinstructions on the website to attach the chosen licence to your work.
- 50.
- 51. And if Iam an editor / publisher?
- 52. Make sure, youhave the necessary rights to publish under an open licence (contract with contributors / deal with & educate about third party content)
- 54.
- 55.
- 56.
- 58. Key criticism • Embargoperiods 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”
- 59. Thank you very much! Questions?
- 60. Creative Commons Licence Thispresentation is the work of Dr. Tobias Schonwetter. tobias.schonwetter@uct.ac.za @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/