Open Access Mandates and the "Fair Dealing" Button

We describe the "Fair Dealing Button," a feature designed for authors who have deposited their papers in an Open Access Institutional Repository but have deposited them as "Closed Access" (meaning only the metadata are visible and retrievable, not the full eprint) rather than Open Access. The Button allows individual users to request and authors to provide a single eprint via semi-automated email. The purpose of the Button is to tide over research usage needs during any publisher embargo on Open Access and, more importantly, to make it possible for institutions to adopt the "Immediate-Deposit/Optional-Access" Mandate, without exceptions or opt-outs, instead of a mandate that allows delayed deposit or deposit waivers, depending on publisher permissions or embargoes (or no mandate at all). This is only "Almost-Open Access," but in facilitating exception-free immediate-deposit mandates it will accelerate the advent of universal Open Access.Comment: 12 pages, 5 figures, 32 references. To appear in "Dynamic Fair Dealing: Creating Canadian Culture Online" (Rosemary J. Coombe & Darren Wershler, Eds.

Code of Best Practices in Fair Use for the Visual Arts

This Code of Best Practices provides visual-arts professionals with a set of principles addressing best practices in the fair use of copyrighted materials. It describes how fair use can be invoked and implemented when using copyrighted materials in scholarship, teaching, museums, archives, and in the creation of art.The Code addresses the following five questions:Analytic Writing: When may scholars and other writers about art invoke fair use to quote, excerpt, or reproduce copyrighted works?Teaching about Art: When may teachers invoke fair use in using copyrighted works to support formal instruction in a range of settings, including online and distance teaching?Making Art: Under what circumstances may artists invoke fair use to incorporate copyrighted material into new artworks in any medium?Museum Uses: When may museums and their staffs invoke fair use in using copyrighted works -- including images and text as well as time-based and born-digital material -- when organizing exhibitions, developing educational materials (within the museum and online), publishing catalogues, and other related activities?Online Access to Archival and Special Collections: When may such institutions and their staffs invoke fair use to create digital preservation copies and/or enable digital access to copyrighted materials in their collections

Open Access Mandates and the "Fair Dealing" Button

We describe the "Fair Dealing Button," a feature designed for authors who have deposited their papers in an Open Access Institutional Repository but have deposited them as "Closed Access" (meaning only the metadata are visible and retrievable, not the full eprint) rather than Open Access. The Button allows individual users to request and authors to provide a single eprint via semi-automated email. The purpose of the Button is to tide over research usage needs during any publisher embargo on Open Access and, more importantly, to make it possible for institutions to adopt the "Immediate-Deposit/Optional-Access" Mandate, without exceptions or opt-outs, instead of a mandate that allows delayed deposit or deposit waivers, depending on publisher permissions or embargoes (or no mandate at all). This is only "Almost-Open Access," but in facilitating exception-free immediate-deposit mandates it will accelerate the advent of universal Open Access

Comment on Orphan Works

Terms of absolute exclusion exceeding the shelf life of particular works give no advantage to authors and publishers, and compulsory licenses are a fair means to increase public access

Fair Coexistence of Scheduled and Random Access Wireless Networks: Unlicensed LTE/WiFi

We study the fair coexistence of scheduled and random access transmitters sharing the same frequency channel. Interest in coexistence is topical due to the need for emerging unlicensed LTE technologies to coexist fairly with WiFi. However, this interest is not confined to LTE/WiFi as coexistence is likely to become increasingly commonplace in IoT networks and beyond 5G. In this article we show that mixing scheduled and random access incurs and inherent throughput/delay cost, the cost of heterogeneity. We derive the joint proportional fair rate allocation, which casts useful light on current LTE/WiFi discussions. We present experimental results on inter-technology detection and consider the impact of imperfect carrier sensing.Comment: 14 pages, 8 figures, journa

Variable tuition fees and widening participation: the marketing of English institutions through access agreements

This paper argues that the introduction of access agreements following the establishment of the Office for Fair Access (OFFA) has led to changes in the way that higher education institutions (HEIs) position themselves in the marketplace in relation to widening participation. However, the nature of these access agreements has led to obfuscation rather than clarification from the perspective of the consumer. This paper analyses OFFA's 2008 monitoring report and a sample of 20 HEIs' original 2006 and revised or updated access agreements (2008) to draw conclusions about the impact of these agreements on the notions of 'fair access' and widening participation. The authors conclude that institutions use access agreements primarily to promote enrolment to their own programmes rather than to promote HE generally. As a consequence of this marketing focus, previous differences between pre-92 and post-92 institutions in relation to widening participation and fair access are perpetuated leading to both confusion for consumers and an inequitable distribution of bursary and other support mechanisms for the poorest applicants to HE.</p

Editor\u27s Note

In its larger contexts the topic of this issue of Ethnic Studies Review, Fair Access, has many referents. In 2004 we are marking the fiftieth anniversary of Brown v Board of Education which stated unequivocally that separate but equal systems of education did not and could not exist, and yet equal education for all our children still does not exist. Recent reports detail that in many urban areas school systems are at least as segregated as prior to the Brown decision, and all levels of government seem satisfied with that status quo. We watch with astonishment as over six hundred people are being detained by the United States Government without charges against them or access to lawyers at Guantanamo. We witness at the moment of Haiti\u27s celebration of its 200th anniversary of independence not only the mysterious removal of the democratically elected President of Haiti but also the continual refusal to grant refugee status to fleeing Haitians while it is granted to Cubans almost automatically, thus creating great inequities in immigrant access. We decry the Patriots Act passed by the Congress of the United States at the instigation of the Bush Administration that whittles away at the freedoms guaranteed by our Constitution. We know that many do not have access to health care in the United States. These and other issues of fair access must be our daily concern