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OpenMed Torino Week: introduction Module 2
- 2. www.OpenMedproject.eu Module n. 2: Open Licensing and Copyright in Education Eleonora Bassi & Pasquale Pellegrino Politecnico di Torino – Nexa Center for Internet & Society Open Education Training Week 25/29 September 2017, Politecnico di Torino, Italy
- 3. www.OpenMedproject.eu Contents of module n. 2 • Copyright and Intellectual Property Rights • Public Domain • Free Software and Open License • Creative Commons • Open Science • Open Access • Open Data
- 4. www.OpenMedproject.eu What are Intellectual Property Rights? Intellectual Property Rights refer to those legal rights aiming to protect the creations of the intellect “Copyright is one of the many IPRs and is a legal term used to describe the rights that creators have over literary and artistic works” (WIPO)
- 5. www.OpenMedproject.eu Why the Copyright? Copyright protection aim at giving the creator the rights to take advantage of its creation either by economic or reputational means Ø It differs among countries. There is not a unique legislation even though the Berne Convention established some international standard: E.g. the concept that a copyright exists the moment a work is "fixed", rather than requiring registration. It also enforces a requirement that countries recognize copyrights held by the citizens of all other parties to the convention Ø It might not be exclusively owned by authors (e.g. Universities, publishers, educators) Ø Historically it has been justified as an incentive to stimulate innovation in a context of scarcity Ø It has a different duration based on legislations and sectors Ø Copyright law protects only the form of expression of ideas, not the idea per se Some key aspects of copyright protection
- 6. www.OpenMedproject.eu The Public Domain Intellectual Property Rights don’t last forever, indeed at some point they expire... So what happen to those creations and works that are no more covered and protected under IPRs? They enter the Public Domain “The term public domain refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it” (Stim 2010)
- 7. www.OpenMedproject.eu Free software Licences and Open Licences The digital era brought a re-ontologization of the space we live in, furthermore it introduced a change in the way we produce, consume and share information Information scarcity to Information abundance New instruments to deal with this new paradigm are needed from
- 8. www.OpenMedproject.eu Free So2ware Licenses: Ø This licences have been introduced in the 80’s to promote free so8ware development and distribu:on Ø Free so8ware licences’ founding father is Richard Stallman, who wrote the first version of GNU-GPL in 1989 Ø The main reason behind the crea:on of this licences has been the ease by which they favoured the spreading of free so2ware Open Licences: Ø This kind of licences give the users many op<ons when using someone else’s work Ø They respond to the new context the digital era contributed to give rise to Ø Indeed open licenses foster sharing, so they are more flexible legal instruments that support informa<on and knowledge circula<on in the internet Ø Open Licenses could be associated with sw, data, databases, archives, images, music, and other kind of crea:ve works
- 9. www.OpenMedproject.eu Crea<ve Commons Licenses Ø A set of Open Licences are the Crea:ve Commons Licences Ø CC is a project launched by Lawrence Lessig aiming at building a new and more flexible paradigm for copyright Ø CC permits to manage IPR not as a unique block but in a modular way The CC licenses are a composi:on of the following four condi:ons: • ARribu:on (BY) • Share-alike (SA) • Non-commercial (NC) • Non-deriva:ve (ND)
- 12. www.OpenMedproject.eu Open Science Open Science is a new paradigm based on the philosophical postulate of ‘openness’. This paradigm elevates ‘openness’ as the primary mean to foster long las<ng growth and innova<on for the whole society Why is ‘Open Science’ a priority? E.g. EU embraced Open Science new paradigm because its development has been reinforced by recent calls for the global governance of science from European Ins:tu:ons which considered the transi:on towards Open Science a fundamental step to foster knowledge circula:on as a driver for faster and wider innova:on
- 13. www.OpenMedproject.eu Source: hRp://www.oel.edu.au/ The con<nuum of openness Three dimension: Ø Legal Ø Technical Ø Accessibility
- 14. www.OpenMedproject.eu Open Science relies on two important pillars: Open Access and Open Data Open Access Open Access (OA) refers to online research outputs that are free of all restric<ons on access (e.g. access tolls) and free of many restric<ons on use (e.g. certain copyright and license restric:ons) (Suber, Peter. "Open Access Overview", 2011) The OA mandate is implemented in two steps, which may be not simultaneous: I. deposi:ng publica:ons in repositories: Open Aire, Zenodo, ROAR… II. providing Open Access to them: Green Open Access, Gold Open Access How to fullfill Open Access mandate?