EIFL General Assembly 2010Session 5

Managing copyright in open access projects

Teresa HackettProgramme Manager EIFL-IP

Copyright and open access

• Copyright and digitisation- Cambodia, Macedonia, Lesotho

• Copyright law and open access- Palestine

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Copyright and digitisationBe aware of the difference between material that is available online - the public internet -

and Open Access

Budapest Open Access Initiative (2002) called for open access to research literature:

• free of charge - removal of price barriers

AND

• free of most usage restrictions - removal of permission barriers

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Copyright and digitisation

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Copyright and digitisation

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Copyright and digitisation

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Copyright and digitisation

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Copyright and digitisation

The same principle applies to material that is retro-digitised

• just because something is digitised, doesn’t make it Open Access

• depends on the copyright status of what you will digitise, and the permissions you have got

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Copyright and digitisationBefore you digitise, you must know the

copyright status of the document

• digitisation involves acts that are restricted under copyright

• if the document is not in the public domain, and if the exceptions in your national copyright law do not cover the full extent of what you want to do (usually they do not), you must seek permission from the copyright owner

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Copyright and digitisation

Restricted acts that require permission

• digitising the document• mounting on a server• storing in a database• communicating to the public over a network• giving the public access to use the material

are covered by the right of reproduction and

the right of communication to the public

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Copyright and digitisation

Orphan works i.e. works where the copyright owner cannot be found

• big problem!• assess the risk, strategies to manage the risk• follow discussions around the world• lobby your copyright office for a solution• EIFL-IP Handbook, chapter on Orphan Works

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Copyright and digitisationThird party sponsorship of digitisation projects

• make sure you have a copy in your possession of what has been digitised

AND

• make sure that you, and your users, can use the copy to do what you want with it

For example, in a digitisation agreementPlease ask if you need advice

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Copyright law and open access“The copyright law needs to be updated, there

should be a space in the law for new developments and open access issues and

policies”.

• copyright law should cover modern library needs e.g. digital copying• but you cannot force copyright owners by law to make their material open access• role of public and institutional policies, and mandates to encourage open access

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Thank you for listening

teresa.hackett@eifl.net

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