Presentation on copyright law and open access for scientific authors

Brehm, Elke

Institutionelles Repositorium der Leibniz Universität Hannover

Elke Brehm, Göttingen, June 7th 2016Young Scientist DayBecoming an authorPage 2Agenda ohne Hintergrundgrafik1. Introduction to copyright law2. A licence agreement Hands-on group work discussion3. A few short notes on Open-Access-LicencesCC by 3.0 Germany - Summary and legally binding license text: https://creativecommons.org/licenses/by/3.0/de/deed.enPage 3Use of copyrightable works published on theinternetCopyright law is national law: applicable law depends on facts of the caseSimilarities of national copyright laws:• scientific texts, illustrations, abstracts, etc. will generally beprotected by copyright law• Fair-Use-Doctrine or statutory exceptions existCC by 3.0 Germany - Summary and legally binding license text: https://creativecommons.org/licenses/by/3.0/de/deed.enPage 4Use of copyrightable Works published on theinternetStatutory exceptions (German Copyright Code)Documents published online may generally only be used in partfor the users „Own Use“ („eigener Gebrauch“): Allowed e. g.: Download, store, read, cite, pass on to friends, makeavailable small parts on password-protected platform for working group (for teaching/research purposes)Not allowed e. g.: Make available entire text freely accessible for everyone online, create derivatives and distribute derivates to unknown Third Parties, commercial useException: Open-Access-LicensesCC by 3.0 Germany - Summary and legally binding license text: https://creativecommons.org/licenses/by/3.0/de/deed.enPage 5Who is the author/“creator“?Creator is the person who created the work („copyrightowner“).All rights to the work belong to creator. Exceptions:•work was created by several persons in close cooperation•work was created while fulfilling work obligations (right of direction of superior); not applicable for professors, doctoralstudents for their doctoral thesis•obligations to publish due to publication agreements (thirdparty funding)CC by 3.0 Germany - Summary and legally binding license text: https://creativecommons.org/licenses/by/3.0/de/deed.enPage 6Rights of the creator – meaning of „copyright“(German Copyright Code)Moral Rights:protection of author´s/creator´spersonal relationship to his/her work•time and place of firstpublication•attribution•prevent disfigurement, interferenceEconomic exploitation of thework:•copy•distribute (~pass on digital oranalogue copies)•exhibition•„public representation“: presentation, performance, making publicly available(~online-publication)CC by 3.0 Germany - Summary and legally binding license text: https://creativecommons.org/licenses/by/3.0/de/deed.enPage 7Licence contracts•in Germany copyright cannot be transferred to otherscompletelyrights for economic exploitationMoral Rights•author/creator can transfer rights for economic exploitation•licence contracts are bilateral agreements in all countriesCC by 3.0 Germany - Summary and legally binding license text: https://creativecommons.org/licenses/by/3.0/de/deed.enPage 8Licence contractsto distinguish:Types of rightsexclusive non-exclusiverights of useLimitation of rights of use as to types of use, time or placeTypes of use fixed termCC by 3.0 Germany - Summary and legally binding license text: https://creativecommons.org/licenses/by/3.0/de/deed.enPage 9PublicationLicence contractContent e.g.:• title of publication and contractual parties• scope of granted rights (exclusive – non-exclusive, limitations of time, place and types of use) • exemption from liability for violation of rights of Third PartiesForm of the contract: Written form (handwritten signature) onlyobligatory in special casesBut: Legal proof in court of law – email has low probative valuewritten form is recommended.CC by 3.0 Germany - Summary and legally binding license text: https://creativecommons.org/licenses/by/3.0/de/deed.enPage 10PublicationPrimary publication: first-time publication of workSecondary publication: Publication of work, which has already been published e. g. in institutional or subject specificrepository or by a publishing companyCC by 3.0 Germany - Summary and legally binding license text: https://creativecommons.org/licenses/by/3.0/de/deed.enPage 11Additional considerations:•Boundaries of right to cite other publications for scientificpurposes•Patent law: No publication before official application to patent authorities•Data protection: Publication of information about specificidentifiable individuals only with their explicit consent or in anonymised formCC by 3.0 Germany - Summary and legally binding license text: https://creativecommons.org/licenses/by/3.0/de/deed.enPage 12Open-Access-LicencesCreator can grant additional usage rights to the user whichexceed statutory exemptions or Fair Use, e. g. …•to distribute work•to create derivatives of work, distribute derivatives•commercial useThey adhere to the recommendations of the Berlin Declarationon Open Access to Knowledge in the Sciences and Humanitieshttp://oa.mpg.de/lang/de/berlin-prozess/berliner-erklarung/Generally legally sound, have been subject of legal disputes in GermanyCC by 3.0 Germany - Summary and legally binding license text: https://creativecommons.org/licenses/by/3.0/de/deed.enPage 13Creative Commons-LicencesCC by nd 3.0 GermanyCC by 3.0 GermanyCC by nd nc 3.0 GermanyCC by nc 3.0 GermanyCC by sa 3.0 GermanyCC by nc sa 3.0 GermanyCC by nd 4.0 InternationalCC by 4.0 InternationalCC by nd nc 4.0 InternationalCC by nc 4.0 InternationalCC by sa 4.0 InternationalCC by nc sa 4.0 InternationalCC by 3.0 Germany - Summary and legally binding license text: https://creativecommons.org/licenses/by/3.0/de/deed.enPage 14Open-Access-LicencesValid stipulation by …Citing the entire name of the specific licence including a link to entire legally binding licence text •in the work and •in online catalogue/on the website/in the repositoryUser must be informed of the specific licence conditionsbefore the download.CC by 3.0 Germany - Summary and legally binding license text: https://creativecommons.org/licenses/by/3.0/de/deed.enContactElke BrehmT +49 511 762-8138, elke.brehm@tib.eu

Becoming an author

https://www.repo.uni-hannover.de/bitstream/123456789/631/1/Becoming%20an%20Author_Brehm_v2_pub.pdf

Becoming an author

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Institutionelles Repositorium der Leibniz Universität Hannover