UK government report: The right to read should be the right to mine

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AI development requires permissive TDM rules
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Last month the British government published an independent report on Growing the artificial intelligence industry in the UK. The review, conducted by Professor Dame Wendy Hall and Jérôme Pesenti, discusses the potential for how artificial intelligence (AI) “can bring major social and economic benefits to the UK,” highlighting that AI could contribute an additional £630bn to the UK economy by 2035.

The report makes several recommendations that could be explored to support the continued development and adoption of AI in the UK, including improving access to data, training experts, and increasing demand for AI applications. Of particular interest to us are two specific recommendations:

“To improve the availability of data for developing AI systems, Government should ensure that public funding for research explicitly ensures publication of underlying data in machine-readable formats with clear rights information, and open wherever possible.

[and]

“To support text and data mining as a standard and essential tool for research, the UK should move towards establishing by default that for published research the right to read is also the right to mine data, where that does not result in products that substitute for the original works. Government should include potential uses of data for AI when assessing how to support for text and data mining.

It is clearly beneficial that governments require that the outputs of publicly funded research and data be made widely available in open technical formats that are consumable by computers. If the data is not made available in machine-readable formats, it will be impossible to efficiently conduct text and data mining across a large corpus of works. It’s also good that the report recommends that the UK push for an environment where “the right to read is the right to mine”—meaning that legal access to the underlying text or data should be sufficient for the user to conduct any further research techniques (such as TDM) and that no additional legal permissions or licenses should be  required in order to do so. Continue reading

Open Access Week 2017: Open in order to…kickstart new types of research

Boekdrukkunst, Philips Galle (attributed to workshop of), after Jan van der Straet, c. 1589 - c. 1593
We need both open access and strong user rights
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It’s Open Access Week, the yearly global event to raise broad awareness about the opportunities and benefits for open access to scientific and scholarly research. Open Access Week—now in its 10th year—also mobilises action for progressive policy changes so that researchers and the public get immediate online access to the results of scholarly research, and the right to use and reuse those results.

During Open Access Week, we show our support for a variety of educational projects, publishing practices, and policy actions that push for open access to science and scholarship for everyone. In addition to advocating for the massive adoption of open access around the globe, we should also focus on protecting and expanding the fundamental user rights that permit access and reuse of copyrighted works.

Copyright law can boost or break new modes of research

We’re highlighting the importance of copyright law, which can either boost or significantly hinder Open Access. This year’s theme is “Open In Order To…”—an invitation to answer the question of what concrete benefits can be realized by making scholarly outputs openly available. We believe in the practice of being “Open in order to encourage new modes of research.” Creative Commons licensed publications and data can help realise the potential for scientific discovery because they are “open” for immediate access and reuse. CC licensed open access publications grant permissions that would otherwise be impossible under all-rights-reserved copyright schemes. But we know that everything will never be made available under an open license. That is why we strongly advocate for broad limitations and exceptions to copyright, especially for practices such as text and data mining. Continue reading

Proposal for ancillary copyright for publishers threatens Open Access and Open Science

Imprimerie en Lettres : l'operation de la casse (fragment)
No taxes on Open Access!
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In July, ITRE Committee voted on an opinion that proposes to extend the ancillary copyright for publishers beyond the press, to include also academic publishers (read our commentary from July). In response, a large group of European academic, library, education, research and digital rights communities has published an open letter on Wednesday. In it, they point out that the proposed law will threaten Open Science and Open Access, and directly contradict the EU’s own ambitions in these fields.

Communia Association is one of the signatories of this letter. We are urging other organisations, especially those active in the fields of Open Access and Open Science, to express their support by signing this letter. Additional signatures will be collected until 1st October – you can sign the letter using this form.

Ancillary copyright extended

Ancillary copyright for publishers, a new right to collect payments and to control the use of headlines and snippets of news articles, has been one of the most controversial parts of the Proposed Directive on Copyright in the Digital Single Market. Both the rapporteur in the JURI Committee and the Estonian EU Presidency currently support this flawed proposal . They do so despite heavy criticism – not just from civil society, academia and libraries, or digital economy companies, but even from some of the Member States.

Press and academic publishers have completely different business models, based on different value creation chains. While press openly publishes content on the Web, academic publishers sell the works of academics at a hefty price, and with a heavy markup. Angelika Niebler, Herbert Reul and Christian Ehler, ITRE members who proposed the amendment that extended the right to academic publishers, have provided no rationale for granting this new right also to academic publishers. They also failed to explain why they are supporting a regulation that will create burdensome and harmful restrictions on access to scientific research and data, as well as on the fundamental rights of freedom of information.Continue reading

EU research committee wants to gift publishers new rights to restrict access to scientific research

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Publishers attack open access publishing
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Last week the Culture and Education Committee (CULT) and the Committee on Industry, Research and Energy (ITRE) voted on their final opinions on the Commission’s Directive on Copyright in the Digital Single Market. As our friends at EDRi have highlighted, both committees voted for measures that would make the Commission’s already bad proposal even worse. The ITRE and CULT (not published yet) opinions are particularly bad regarding the question of new rights for publishers.

The introduction of a new right for press publishers (aka the “link tax”) to extract fees from search engines for incorporating short snippets of – or even linking to – their content in article 11 is one of the most controversial issues of the proposed directive. Adopting this type of ancillary right at the EU level would have a strong negative impact on all stakeholders, including publishers, authors, journalists, researchers, online service providers, and readers.

We know that previous experiments with ancillary copyright in Spain and Germany have failed, a fact that was already known to the Commission because it is acknowledged in its impact assessment leading up to the release of the original proposal. We’ve argued that a new right for press publishers would undermine the intention of authors who wish to share without additional strings attached, especially creators that use Creative Commons licenses to share their works. We urged that the provision be removed from the directive.

In recent months there seemed to be an increasing focus on neutralizing this contentious provision. MEPs such as IMCO Rapporteur Catherine Stihler and former Legal Affairs Committee Rapporteur Therese Comodini had gathered support for deleting the press publishers right. Despite of this, last month the new right was retained in the opinion of the IMCO Committee. The opinion removes the clause of the Commission’s proposal which would retroactively apply the publishers right to anything published in the last twenty years. Continue reading

Support Diego Gómez, prosecuted for sharing academic research

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Diego Gómez is a Colombian student who for the last three years has been prosecuted for sharing an academic paper online. He faces criminal charges – up to eight years in prison. Diego’s story is a symbol of a broken copyright system that becomes a barrier to research and education. And at times simply hurts people.

Last month, Diego was cleared of charges by the Bogotá Circuit Criminal Court. Yet only three weeks later the author of the paper, who in 2013 informed authorities and pressed charges, appealed the decision. The case, which has been ongoing for 4 years, will therefore continue in the appellate court. And Diego can still go to jail for sharing knowledge.

Diego is being supported by Fundación Karisma, the Colombian digital rights organisation. Karisma has launched an Indiegogo fundraising campaign to pay for legal expenses. As Communia, we are supporting the campaign and helping raise $40,000 for this case. Please consider joining the Compartir no es delito: Sharing Is Not A Crime campaign. It is time to end an unfair case that has been a burden for Diego for the last four years.Continue reading

Open Access and the Power of Editorial Boards: Why Elsevier Plays Hardball with Deviant Linguists

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Open Access: the revolt of the editors?
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The recent infight between the world’s largest academic publishing company, Elsevier, and (soon: former) editors of one their journals over attempts to make the journal open access – that is, freely available online – demonstrates the potential power of editorial boards in shaping the digital future of academic publishing.

The academic publishing system runs on reputation. Researchers gain reputation by publishing in reputable journals, which are more read and cited than other journals. The better the reputation of a journal, the more prestigious is it to review and serve as a member of the editorial board. Of course, the related reputation dynamic is self-stabilizing and highly path dependent because prestigious journals get more submissions, have higher rejection rates, more prestigious authors and reviewers, all of which contributes to being cited more often, which in turn is the key reputation metric in most disciplines (see a paper by Jakob Kapeller and myself on this issue for the field of economics).

The path dependence of journal reputation in contempary academic publishing is one of the reasons – if not the main reason – why new open access journals face a steep uphill battle against incumbent journals. The few open access journals that managed to acquire substantial prestige such as some of Public Library of Science (PLoS) journals did so mostly because of the very high prestige of founding editors, including nobel laureates. It is also the reason why simply calling for researchers to switch to open access outlets won’t work. Since careers and funding depend on the proven ability to publish in established “top journals”, researchers in general and early-career researchers in particular have strong incentives to avoid newly founded open access outlets. Continue reading

Communia response to Science 2.0 consultation

Today the European Commission concluded a consultation on ‘Science 2.0’: Science in Transition. The objective of the consultation is “to better understand the full societal potential of ‘Science 2.0’ as well as the desirability of any possible policy action.” Science 2.0 is defined as the “on-going evolution in the modus operandi of doing research and organising science.” COMMUNIA responded to the questionnaire because there were issues relevant to how scientific research and data could be made available under open licenses or as a part of the public domain. One question asks respondents to rank the specific areas in which they feel a need for policy intervention. We noted that a few opportunities for policy development are open access to publications and research data, and increased attention to policies that support text and data mining. From our submission:

Open access to publication and research data as either in the public domain or under an open license aligned with the Open Definition would help work towards the goals of Science 2.0. Such a policy would be especially important when public funds are expended for scientific research and publications. COMMUNIA policy recommendation #12 states, “all publicly funded research output and educational resources must be made available as open access materials.” Interest in text and data mining is increasing, and traditional gatekeepers of science scholarship (namely commercial publishers) are attempting to restrict this activity through the adoption of custom licenses and/or contractual terms. We think that text and data mining should be considered as outside of the scope of copyright protection, and instead should be considered as an extension of the right to read (see “Right to Read is the Right to Mine”). Text and data mining should not be treated with a contractual approach which would try to license for a fee this usage in addition to the right of access. Terms of use prohibiting the lawful right to perform data mining on a content accessed legitimately should be considered an abuse of exclusive rights.

Here’s our responses to the questionnaire. The Commission’s background paper on the Science 2.0 consultation is here.

Dozens of organizations tell STM publishers: No new licenses

The keys to an elegant set of open licenses are simplicity and interoperability. CC licenses are widely recognized as the standard in the open access publishing community, but a major trade association recently published a new set of licenses and is urging its members to adopt it. We believe that the new licenses could introduce unnecessary complexity and friction, ultimately hurting the open access community far more than they’d help.

Today, COMMUNIA and 57 organizations from around the world released a joint letter asking the International Association of Scientific, Technical & Medical Publishers to withdraw its model “open access” licenses. The association ostensibly created the licenses to promote the sharing of research in the scientific, technical, and medical communities. But these licenses are confusing, redundant, and incompatible with open access content published under other public licenses. Instead of developing another set of licenses, the signatories urge the STM Association to recommend to its authors existing solutions that will truly promote STM’s stated mission to “ensure that the benefits of scholarly research are reliably and broadly available.” From the letter:

We share a positive vision of enabling the flow of knowledge for the good of all. A vision that encompasses a world in which downstream communicators and curators can use research content in new ways, including creating translations, visualizations, and adaptations for diverse audiences. There is much work to do but the Creative Commons licenses already provide legal tools that are easy to understand, fit for the digital age, machine readable and consistently applied across content platforms.

So, what’s really wrong with the STM licenses? First, and most fundamentally, it is difficult to determine what each license and supplementary license is intended to do and how STM expects them each to be used. The Twelve Points to Make Open Access Licensing Work document attempts to explain its goals, but it is not at all clear how the various legal tools work to meet those objectives.

Second, none of the STM licenses comply with the Open Definition, as they all restrict commercial uses and derivatives to a significant extent. And they ignore the long-running benchmark for Open Access publishing: CC BY. CC BY is used by a majority of Open Access publishers, and is recommended as the optimal license for the publication, distribution, and reuse of scholarly work by the Budapest Open Access Initiative.

Third, the license terms and conditions introduce confusion and uncertainty into the world of open access publishing, a community in which the terminology and concepts utilized in CC’s standardized licenses are fairly well accepted and understood.

Fourth, the STM licenses claim to grant permission to do many things that re-users do not need permission to do, such as describing or linking to the licensed work. In addition, it’s questionable for STM to assume that text and data mining can be regulated by their licenses. Under the Creative Commons 4.0 licenses, a licensor grants the public permission to exercise rights under copyright, neighboring rights, and similar rights closely related to copyright (such as sui generis database rights). And the CC license only applies when at least one of these rights held by the licensor applies to the use made by the licensee. This is important because in some countries, text and data mining are activities covered by an exception or limitation to copyright (such as fair use in the United States), so no permission is needed. Most recently the United Kingdom enacted legislation specifically excepting noncommercial text and data mining from the reach of copyright.

Finally, STM’s “supplementary” licenses, which are intended for use with existing licenses, would only work with CC’s most restrictive license, Attribution-NonCommercial-NoDerivatives (BY-NC-ND). Even then they would have very limited legal effect, since much of what they claim to cover is already permitted by all CC licenses. As a practical matter, these license terms are likely to be very confusing to re-users when used in conjunction with a CC license.

The Creative Commons licenses are the demonstrated global standard for open access publishing. They’re used reliably by open access publishers around the world for sharing hundreds of thousands of research articles. Scholarly publishing presents a massive potential to increase our understanding of science. And creativity always builds on the past, whether it be a musician incorporating samples into a new composition or a cancer researcher re-using data from past experiments in their current work.

But to fully realize innovations in science, technology, and medicine, we need clear, universal legal terms so that a researcher can incorporate information from a variety of sources easily and effectively. The research community can enable these flows of information and promote discoveries by sharing writings, data, and analyses in the public commons. We’ve already built the legal tools to support content sharing. Let’s use them and not reinvent the wheel.

Position on EC Horizon 2020 Open Access policy

COMMUNIA International Association on the Public Domain is publishing a policy paper entitled Position on EC Horizon 2020 Open Access policy before the vote taking place at the European Parliament in November 2012. The policy paper is available as a PDF and reproduced below:

The work of Communia is based on a set of 14 policy recommendations which aim to support policies that enable a rich and accessible Public Domain. In light of these recommendations, Communia welcomes the development of a strong Open Access (OA) policy at the European level around the following main ideas:

  • All publicly funded research outputs and educational resources must be made available as open access materials (aligned with the Budapest Open Access Initiative).

  • Notwithstanding the need to support OA policies, access to copyright protected material for education and research purposes must be improved by strengthening existing exceptions and limitations to copyright, and broadening these exceptions to cover uses outside of formal educational and research institutions.

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The Digital Public Domain: Foundations for an Open Culture

The book “The Digital Public Domain: Foundations for an Open Culture”, edited by Melanie Dulong de Rosnay and Juan Carlos De Martin as an output of the Communia Thematic Network which took place between 2007 and 2011 and is at the origin of Communia Association, is out in all formats (hardback, paperback, and digital editions) and can be purchased on the website of OpenBookPublishers.

book cover The book is under a CC Attribution license and the PDF can be downloaded here: The Digital Public Domain: Foundations for an Open Culture

Citation reference: Melanie Dulong de Rosnay, Juan Carlos De Martin, (eds.), The Digital Public Domain: Foundations for an Open Culture, Open Book Publishers, Cambridge, UK, 2012, 220 p.

This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project. Together the authors argue that the Public Domain — that is, the informational works owned by all of us, be that literature, music, the output of scientific research, educational material or public sector information — is fundamental to a healthy society.

The essays range from more theoretical papers on the history of copyright and the Public Domain, to practical examples and case studies of recent projects that have engaged with the principles of Open Access and Creative Commons licensing. The book is essential reading for anyone interested in the current debate about copyright and the Internet. It opens up discussion and offers practical solutions to the difficult question of the regulation of culture at the digital age.