Rowan Wilson`s presentation

Report
Hargreaves, Openness and
Data
Rowan Wilson
IT Services
November 2014
Rowan Wilson
OSS Watch
Research Support
Open Spires
Is the UK copyright system fit
for purpose?
Gowers Review 2005
Poor support for new learning technologies
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Poor support for new media technologies
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Poor support for preservation copying
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‘Protection creep’
DRM needs to be reined in
Digital infringement of copyright should be
treated more harshly
Patent Office should be called Intellectual
Property Office
Gowers Review 2005
Poor support for new learning technologies
•
Poor support for new media technologies
•
•
•
Poor support for preservation copying
•
•
•
‘Protection creep’
DRM needs to be reined in
Digital infringement of copyright should be
treated more harshly
Patent Office should be called Intellectual
Property Office
Hargreaves Review 2011
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Often called ‘the Google review’
Looked into many of the same issues as Gowers
Gowers had suggested more ‘fair use’-like system
David Cameron asserted that Eric Schmidt believed
Google could not have started in the UK
What is Fair Use?

American
Fair Use provides loose guidelines that allow a court to decide if a particular
use is infringing or not (the four factors)

the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
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the nature of the copyrighted work;

the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and

the effect of the use upon the potential market for or value of the copyrighted
work.

What is Fair Dealing?

'Fair Dealing' is a term which describes certain uses of a copyright work
under certain defined circumstances. Provided that these circumstances are
in place, no permission for this use is required from the copyright owner.

The 'Fair Dealing' exceptions can be read in full in the Copyright, Designs
and Patents Act 1988 (and subsequent amendments).

A potential criticism of this approach is that it stifles innovation by only
allowing for uses that have already been envisaged (broadly at least)

Hargreaves Review 2011
Digital Copyright Exchange
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Orphan works licensing
No opting out of statutory copyright exceptions
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Enforcements should not limit innovation; focus on education and building competitive
markets
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Personal format shifting fair dealing exception
Text and data analysis for non-commercial research fair dealing exception
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Quotation and parody fair dealing exceptions
Radical simplification of educational fair dealing exceptions
Library exceptions for viewing works on dedicated terminals, inter-library loans,
preservation
Problem solved?
Many issues addressed
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Much of what this University wanted obtained
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Yet…
Still little ability for evidence to easily alter policy
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Entrenched positions
What is openness?
What is openness?
• Numerous definitions create potential for confusion
• ‘Open-washing’
• Today we will look at:
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Open development
Open licensing
Open access
Open data
Open development
• Collaborative, networked resource creation
• Often facilitated by open licensing
• Efficacy demonstrated by the Free and Open Source software
movement
• Crowd-sourcing
• Wikipedia, Github, FLOSS Manuals, Linux
Open licensing
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General licences with very few conditions
Available to anyone
Permit adaptation and redistribution
No explicit communicated acceptance required
Not the same as public domain
Examples include FLOSS licences like BSD, GPL and content
licences like Creative Commons
• Basis of Open Educational Resources
Open access
• Not the same as open licensing
• …although openly licensed works are open access
• However ‘open access’ also covers arrangements where no
redistribution or adaptation is permitted
• More concerned with tearing down paywalls (or paying extra
for ladders)
• Finch Report
• Green – academic self-archiving
• Gold – paying publications additional fees to cover open access
Open data
• Could be either…
• Data licensed openly (possibly without even attribution
requirements)
• Data available under more restrictive ‘open access’-style
arrangements
• Increasingly funders require open access to data underlying
academic papers
• “Data ownership, IPR and the Cloud” (26th November 2014)
What is Creative Commons?
• Derived from free and open source software licensing
• Founded in 2001 by Prof Lawrence Lessig at the University of
Stanford
• Designed to push back against increased enclosure of
‘intellectual commons’
• Six ‘general’, regionalised licences for easy sharing of rights
in content
• A suite of machine-, human- and lawyer-readable licences
• Some cool icons
What are the conditions?
Attribution
• Author must be acknowledged on all copies and adaptations
of the work, including a link to the original version of the work
What are the conditions?
Non-commercial
• The work can only be used for non-commercial purposes
What are the conditions?
No Derivatives
• The work can only be distributed in its original form; no
adaptations or translations can be made
What are the conditions?
Sharealike
• The work can be modified and adapted, but the entire resulting work
(including new material added by the adaptor) must be distributed under
the same sharealike licence
What are the six licences?
Anything else?
• As mentioned above, we in the UK cannot divest ourselves of our
copyright
• CC0 is a public domain dedication where that applies, and a broad,
perpetual, general licence where it doesn't
• CC licences are regionalised by local projects in jurisdictions across the
world
• England and Wales failed to regionalise the last iteration (v3)
• Version 4 is now complete and among other things covers database rights
Questions?
What about software and data?
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Free and Open Source Software licensing set the pattern for
Creative Commons etc
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Over 50 licences approved by Open Source Initiative.
Europe grants a form of IP called a Database Right that protects
collections of data, and which is separate from copyright
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Plain Creative Commons pre-v4 licences do not license these rights
http://opendatacommons.org/ provides licences that make these
rights available under terms compatible with CC
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CC0 also licences/waives database rights, and CC v4 fixes this
issue.
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Funder requirements
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RCUK data-sharing principles
“Two of the principles are of particular importance: firstly, that publicly
funded research data should generally be made as widely and freely
available as possible in a timely and responsible manner; and,
secondly, that the research process should not be damaged by the
inappropriate release of such data.”
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Archiving considerations
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Data protection requirements and their effect on cloud hosting
Layers of IP ownership on research data sets: database rights,
database structure copyright, database element copyright, researcher
copyright, subject copyright, copyright ,subject performance rights,
institutional copyright
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Inbound and outbound licensing

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