Copyright for Librarians

Ahrash Bissell from ccLearn, Creative Commons initiative for education, discussed with Rima Kupryte, Director of eIFL.net, and Iryna Kuchma, Program Manager of eIFL-OA (Open Access): here the follow-up interview

Harvard Law School voted unanimously a motion for Open Access, similar to the one voted in February at the Faculty for Arts and Sciences: congratulations to Terry Fisher and John Palfrey!

Over 30 experts discussed the course project during a two days workshop in Cambridge, raising many great points to advise on the course structure, and how to combine policy advocacy and practical questions, on its content, which should be flexible and on the project sustainability, which has an impact on the learning environment we are developing.
Thanks for their help! The workshop agenda is below:

Preliminary session
Introductions of the participants
William Fisher, Melanie Dulong de Rosnay, Teresa Hackett

Objectives of the project, of the course and of the workshop: review and advise on the course methodology, material and development

Session 1: Distance learning
Moderator: Manon Ress

Open discussion on distance learning and on the project teaching methodology and pedagogy
Presentation by Moustapha Diack on course management systems and tools for distance education
Short presentation by Georgia Harper on the Copyright Crash Course

Session 2: Integration of the course in developing and transition countries

Theme 1: Implementation of the course in a curriculum
Moderator: Moustapha Diack

Presentation by Elisam Magara on the integration of copyright and intellectual property rights content in a university curriculum: a strategy for EASLIS, Makerere University
Short presentation by Susan Schnuer on lessons learned from professional development activities in developing and transition countries

Theme 2: Copyright and developing countries
Moderator: William McGeveran

Open discussion on developing and transition countries issues related to copyright
Short presentation by Ayo Kusamotu on Nigerian legal practice and context
Short presentation by Gwen Hinze on international negotiations
Short presentation by Samuel Klein on open content collections
Short presentation by Eddan Katz on Access to Knowledge

Session 3: Copyright
Moderator: William Fisher

Open discussion on librarians rights and copyright issues related to exceptions and limitations to exclusive rights, with an international interpretation perspective
Short presentation by Peter Jaszi on the need for progressive interpretations of the three-step test
Short presentation by William McGeveran on the Section 108 Study Group Report
Short presentation by Kenneth Crews on libraries exemptions world diversity

Session 4: Libraries
Moderator: John Palfrey

Open discussion on librarians missions and tasks, and on case studies to implement copyright knowledge
Case study n°2: The digital library, Providing open access to digitized books, articles and audiovisual material
Evaluation of the case study scope adequation, development proposals, validation, best ways to present issues, frame questions and provide some answers.
Short presentation by Ignasi Labatisda on Open Education Resources repositories, an experience with libraries in Catalonia
Comments by participant librarians

Session 5: Open Access
Moderator: Michael Carroll

Open discussion on Open Access and librarians goals, issues and policy options
Presentation by Leslie Chan of OASIS project (Open Access Scholarly Information Sourcebook), sharing of resources between the course sub-module on Open Access and OASIS section on Copyright
Case study n°1: Open collections policy, building an institutional repository
How to find Open Access resources: Short presentation by Moustapha Diack of the GOAL Community project (Global Open Access Community)
Comments by librarians participants

Session 6: The Future of the Course, an Open Education Resource
Moderator: Peter Jaszi

Open discussion on the sustainability of the project and the course possible developments: community-building, advocacy, libraries and public interest, comparative legal knowledge
Contribution by all participants

Session 7: Wrap-up
Concluding thoughts
Next steps: Finalizing the course development, discussing best practices for implementation, and beyond.

The project development and implementation will be presented and discussed with eIFL IP librarians in Istanbul on April 4th. The full program of the first eIFL IP conference available here includes presentations on copyright issues for librarians (exceptions and limitations for libraries, related rights, fair practice, licensing, digitisation, collecting societies), international policy developments and legislative advocacy.

Yesterday, Harvard University’s Faculty of Arts and Sciences (FAS) unanimously voted a motion on open access policy. FAS Faculty members now grant to the university a non-exclusive, irrevocable, worldwide license to distribute their scholarly articles, provided it is for non commercial uses. An opt-out mechanism allow Faculty members to waive this mandatory assignment upon request for some articles, for instance in the case of incompatible rights assignment to a publisher.

Faculty members will retain copyright in their articles, and provide an electronic version to the University together with a license to make them available in an open access repository.

Faculty members are writing, reviewing, editing scientific articles and sometimes have to assign all their rights to commercial publishers, making impossible for them for instance to reuse their own work in their course materials, or archive their article in an institutional repository. Libraries are purchasing back access to their faculty members’ scholarly work through journals subscriptions.

This mandated permission to the university contrasts with other approaches to open access, such as:
- self-archiving mandate, or obligation for authors to deposit their articles in open access repositories (research funded by NIH in the US, European Research Council, Wellcome Trust deposit mandate in the UK)
- negotiation by individual authors, without the bargaining power of an institution, to retain some of their rights to reuse and archive pre-print and/or post-print, immediatly or after an embargo period, through copyright addendum to be attached to publisher’s copyright agreement, such as those proposed by Science Commons Scholar’s Copyright Addendum Engine, developed with SPARC and MIT,
- publication in open access journals, where authors’ institutions often have to pay to be published (up to 3000$ per article), instead of the library having to pay a subscription to access to published articles.

It will be interesting to compare the differents policies results. As Michael Carroll explains, “this license empowers the librarians to seed and to manage the institutional repository in a much more robust way. The license applies going forward so that at the moment a faculty member finishes the first draft of an article, the university has a license. Any subsequent transfer of copyright to a publisher is subject to this license unless the faculty member requests that the university waive the license with respect to that particular article.”

For more information on the open access movement, see Peter Suber’s blog. Sherpa Romeo provide a repository of journals copyright transfer agreements and self-archiving policies. More than 50% of pay-journal policies allow their authors to archive their articles in open access repositories. The Budapest Open Access Initiative provided the first definition of open access to scientific literature.

Congratulations to Berkman Faculty Stuart Shieber and all those who were involved in the process! According to Professor Stuart Shieber, “This is a large and very important step for scholars throughout the country. It should be a very powerful message to the academic community that we want and should have more control over how our work is used and disseminated”.

Connexions - IEEE Signal Processing Society (SPS) lensing website proposes to IEEE-SPS authors to submit their Connexions modules for lensing, and to IEEE-SPS content reviewers to submit their lensing reports. Lensing features new ways for materials peer-review and endorsement.

The Cape Town Open Education Declaration launched by the Open Society Institute (OSI) and the Shuttleworth Foundation seeks to unlock “the promise of open educational resources” by encouraging educators and learners, authors and publishers, governments and schools to support the movement. The declaration can be read here and signed here.

The questionnaire to identify librarians copyright issues has been submitted to librarians participating to a seminar on “Copyright in the digital age: Legal and organizational issues for creating open access resources” organized on December 18th by International Renaissance Foundation and the NGO “Information-Consortium” at the Scientific library of National Kyiv-Mohyla Academy.

A questionnaire will be submitted to librarians participating to eIFL General Assembly in Belgrade on November 8th. Identifying copyright issues librarians are facing in their work will help shaping the course topics and format.

Welcome to Copyright for Librarians - A Distance Learning Course, a project from the Berkman Center for Internet & Society and eIFL (Electronic Information for Libraries).

A distance learning program on copyright targeted to librarians will be available in September 2008 under a Creative Commons Attribution license on the Connexions platform.