Open access and closed minds: Balancing intellectual property and public interest in the digital age

UN Chronicle ◽  
2012 ◽  
Vol 49 (3) ◽  
pp. 29-31
Author(s):  
Nalaka Gunawardene
2021 ◽  
Vol 46 (1) ◽  
pp. 3-6
Author(s):  
Melissa Gold Fournier

AbstractWhat are the cross-border intellectual property and copyright issues faced by PHAROS, an international consortium of photo archives, in the creation of an open access research platform? How does the consortium define open access? Are approaches to copyright in reproductive media across the US, UK and EU compatible, and can 14 partners from six countries agree to assess and express rights in the same way? Developments in the field and the consortium's 2020 International Copyright Workshop project have helped PHAROS define and address these issues.


2020 ◽  
Author(s):  
Ignasi Labastida i Juan

The digital age has brought authors of publications many more opportunities to gain further impact and visibility by sharing their work online through websites, pre-print servers, repositories, publishing platforms or other digital venues as well as journals. Publisher copyright policies have not always been enablers of these new practices but change is underway. Europe has also seen a surge in international, national and local Open Access (OA) policies in recent years, a significant one being Plan S with its requirements related to rights retention and open licensing. How far are publishers in supporting authors in this change? In early 2020 SPARC Europe commissioned a report to gain a better understanding of current copyright and licensing practices amongst scholarly journal publishers based in Europe and how these are presented to academic authors. The key purpose of the study was to provide evidence on how publisher policies support OA and to see whether the complexity of the copyright and self-archiving landscape amongst publishers has simplified over time. We also explored how Plan S-ready publishers were with regards to the first principle of their policy related to authors or their institutions being required to retain copyright to their publications, calling for all publications to be published under an open license, preferably CC BY, immediately and under no embargo. Research was undertaken on various levels: the 2020 study reviewed the copyright, self-archiving and open licensing policies from 10 large legacy publisher websites and then asked these publishers to verify these findings. We also analysed the policies of pure open access journals in Europe from the Directory of Open Access Journals (DOAJ). To limit the scope, Europe was taken as the focus of this research. This paper will firstly demonstrate how diversely publishers present and share information on their copyright, licensing and self-archiving policies and how challenging this can be for authors and the institutions that support them. We will also share findings on the specifics of publisher policies be they hybrid or pure OA. For example, examining how far large publishers currently allow authors to retain publishing rights for articles, to what extent they allow zero embargoes when self-archiving or how far pure OA journals use the CC BY license. This paper ends by making a number of recommendations to publishers, research funders, institutions and authors to ultimately support authors to more easily navigate this policy landscape and to be able to publish immediate OA.


2015 ◽  
Vol 66 ◽  
pp. 69-88
Author(s):  
Leonardo Burlamaqui

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen


2019 ◽  
Author(s):  
Camille Akmut

On ensuring the integrity of research documents in the digital age, a concern of prime importance to the development of open access. New and old solutions are presented, and a utility tool (tenaciouscookie).


2021 ◽  
Vol 71 (4) ◽  
pp. 571-594
Author(s):  
Emily Hudson ◽  
Paul Wragg

This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the Copyright, Designs and Patents Act 1988 (CDPA), including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material.


LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Rohit P Singh ◽  
Shiv Kumar Tripathi

In view of the rapid pace of technological, scientific and medical innovations in India and abroad, the intellectual property rights i.e., copyright, patent and other neighboring rights, have been recognized in Indian and foreign jurisdiction. Moreover, its scope and content have expanded pursuant to statutory amendments over the years. Growing recognisiont, expansion and protection of IPRs needs to harmonised with the public interest. Within this backdrop, copyright law, patent law etc. have made elaborate provisions and endeavours have also been made at international level to strike a balance between protection of individual’s IPRS and social interest. The present article tries to examine the contours of protection of IPRS at national and international levels with special reference to copyright law.


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