Finding The ‘Rights’ Balance:. 7 ideas to harmonize debates… | by Open Data Charter | opendatacharter | Jan, 2023 | Medium

“The importance of the right to access to information and the right to personal data protection, both of which are fundamental human rights, raises the need to strike a balance to be able to exercise both in a complementary manner, that ensures that one of them does not jeopardize the guarantees enshrined by the other. There are different proposals and techniques that allow us to continue working on open data for a more democratic and just society, respecting the right to privacy. We explore some ideas below….”

Water science must be Open Science | Nature Water

“Since water is a common good, the outcome of water-related research should be accessible to everyone. Since Open Science is more than just open access research articles, journals must work with the research community to enable fully open and FAIR science…”

Open Science for water research | Luxembourg Institute of Science and Technology

“For the launch of the new scientific journal Nature Water, researchers Emma and Stan Schymanski contributed an article about the future of water research. This opinion paper focuses on the importance of open science in a field where, due to its global societal relevance, knowledge and research results should be freely accessible by a wide range of stakeholders. The publication also highlights the interdisciplinary expertise brought to Luxembourg by the two FNR ATTRACT fellows on such a topical subject….

Research on water systems can help us face these considerable challenges but needs to consider the global societal relevance of its subject. “Since water is a common good, it should be natural that the outcome of water-related research is accessible to everyone,” explains Dr Stan Schymanski. “It needs to become freely available and re-usable for everybody, without the need for paid licenses to view publications or use data.”

The two researchers insist on the importance of implementing Open Science in its broadest definition. It has to go beyond open access to research articles: it must also include open data and open-source computer code. Additionally, open data should be aligned with the FAIR Principles, which describe how to make data findable, accessible, interoperable and reusable. Open reproducible research can only be achieved through the combination of all these aspects.

Their Nature Water article details how this is vital for the development of Early Warning Systems for floods for example, as reliable forecasting relies heavily on real-time sharing of meteorological data. It is also crucial when studying processes on long time scales such as groundwater recharge, that can take centuries in arid systems. Understanding these natural mechanisms is only possible through free access to long time series of hydrological data across the globe.

After reviewing the tools already available to perform open water research – such as open repositories, templates to facilitate reproducibility assessments, practical guidelines for sharing code and choosing appropriate licenses – the two authors call for substantial additional efforts toward fully open science….”

N8 Research Partnership – Statement on Rights Retention

“The N8 Research Partnership represents the research-intensive universities of the North of England. 12% of all UK academics work at N8 universities as well as almost 200,000 students. The N8 is one of the strongest regional academic consortia in the UK and believes the time is now right to make a coordinated statement on the rights held by our academics over their research….

. In order to achieve this third route to open access researchers need to be able to apply a CC BY licence and place their accepted manuscript in an institutional or other preferred repository. This must now be done without embargo granted to any publisher….”

N8 Research Partnership stands up for researchers with new Rights Retention statement – N8 Research Partnership

“The N8 – which represents 12% of all UK academics and 200,000 students – has released a statement outlining its new stance on the importance of researchers being able to obtain their original rights when their work is published in a journal. The statement was launched at an event held at the University of Manchester’s John Rylands Library, with speakers including the N8’s new chair Professor Charlie Jeffrey and Professor Dame Nancy Rothwell, president and vice-chancellor of the University of Manchester. 

In April 2022, UK Research and Innovation (UKRI) made it mandatory for all research published in journals to be made immediately available via Open Access or transformative Gold journals’ APC charges or through journals released on a transitional Read & Publish deal without APC charges. Open access can also be achieved via depositing the author accepted manuscript and making it available without embargo. 

However, in order to achieve this third route to open access researchers need to be able to apply a CC BY license – which allows anyone to make commercial use of the work under the condition of attributing the research in the manner specified by the author or licensor – and place their accepted manuscript in an institutional or other preferred repository. This must now be done without embargo granted to any publisher. 

However, some publishers are no longer compliant with several not accepting that a researcher’s original rights should be retained by them, meaning that publishers may not accept manuscripts where an application has been made for a CC BY license and the researcher has clearly stated that they own their research.  

The N8’s statement – which has been coordinated through the eight universities’ PVCs for Research, Research Offices, Legal Departments and Libraries – reflects the shared conviction of the importance of researchers retaining their rights.  

Each N8 university will have its own position which may supersede the publisher’s requirements, but ultimately if a researcher is able to publish via an APC to a Gold journal or in a journal covered by a Read & Publish deal then researchers do not need to assert their rights.  

However, the N8 statement strongly recommends that researchers do not by default transfer intellectual property rights to publishers and do use a Rights Retention statement as standard practice….”

Open access deal ‘weakens publishers’ position’ | Times Higher Education (THE)

“Several leading UK universities will ask their academics to deposit their accepted manuscripts in free-to-read domains as part of a new pledge to support open access publication.

Under a new commitment agreed by members of the N8 Research Partnership, whose institutions include the universities of Leeds, Manchester and Sheffield, researchers will be urged to retain their intellectual property (IP) rights, rather than sign them over to publishers.

By doing so, scholars would be free to post final versions of research articles on institutional repositories, after obtaining a CC BY licence – a move that some publishers will not permit, or only allow after an embargo period, a route to publication known as green open access.

That has led to a stand-off between academics and publishers – with some journals refusing to publish manuscripts where an application for a CC BY licence has been made, whereby the researcher states they own the research….”

EU list of specific high-value datasets and the arrangements for their publication and re-use

“(12) It is the objective of Directive (EU) 2019/1024 to promote the use of standard public licences available online for re-using public sector information. The Commission’s Guidelines on recommended standard licences, datasets and charging for the re-use of documents (5) identify Creative Commons (‘CC’) licences as an example of recommended standard public licences. CC licences are developed by a non-profit organisation and have become a leading licensing solution for public sector information, research results and cultural domain material across the world. It is therefore necessary to refer in this Implementing Regulation to the most recent version of the CC licence suite, namely CC 4.0. A licence equivalent to the CC licence suite may include additional arrangements, such as the obligation on the re-user to include updates provided by the data holder and to specify when the data were last updated, as long as they do not restrict the possibilities for re-using the data….”

OASPA Open Access License Types

“The charts show numbers of articles published in fully OA journals (left), and OA articles in hybrid journals (right), color-coded by license type. The most permissive licenses are at the bottom (CC BY), through to least permissive at the top, except for the tiny amount of CC0.

The volume of publications from OASPA continues to grow. Just under 4M articles were published by members in the period 2000-2021.
Just under 1M of the cumulative total were published in 2021, representing a growth of around 46% over the previous year and around one quarter of total recorded output.
The total number of articles reported by members has more than doubled since 2018, and grown around 20x over the last decade.
Publications in fully OA journals continue to dominate output, at around 4x that in hybrid.
CC BY licenses (Creative Commons attribution only) dominate. They account for almost three quarters of members’ total output, and for 81% of their output in fully OA journals….”

Research Publications and Copyright Policy | Library | The University of Sheffield

“This guidance is designed to ensure that University of Sheffield staff and PGRs can comply with the Research Publications and Copyright policy. The policy enables authors to control copyright, as set out in the University’s new IP policy, to their own journal articles and conference proceedings papers, apply a CC BY licence to them and make them available via the institutional repository, White Rose Research Online (WRRO) without embargo.

This will help you to comply with external funding requirements for open access as well as supporting our commitment to enabling and promoting research excellence across our community as set out in the University’s Statement of Open Research…”

University of Leeds Publications Policy – Research and Innovation Service

“Author requirements

Authors must comply with their funders’ policies relating to open access and research data management. 
Authors must register for an individual ORCiD identifier and should link it to their University Publications Database profile [2], include it on any personal webpage, when submitting publications, when applying for grants, and in any research workflow to ensure that the individual is credited for their work and that the correct institutional affiliation is achieved.  
Authors must use a standardised institutional affiliation “University of Leeds” in all research outputs to ensure clear affiliation with the University of Leeds. 
Authors must specify authors’ contributions in all research outputs to ensure individuals’ roles are identifiable and duly recognised. 
Authors must include a Data Access Statement in all research outputs even where there are no data associated with the publication or the data are inaccessible. The statement informs readers where the associated underlying research materials are available and how they can be accessed.  
Authors must acknowledge the source of grant funding associated with a research output in all research outputs. Information about the grant should also be linked, by the author, to the record of the publication in the University Publications Database. Grant information in the University Publications Database is fed automatically from the University’s Grant Information System [3].  
Authors must retain the necessary rights to make the accepted manuscripts of research articles, including reviews and conference papers, publicly available under the terms of a Creative Commons Attribution (CC BY) licence. Recommended wording to include in manuscript submissions is in Appendix 1. This requirement does not apply but is strongly recommended for outputs solely or jointly authored by PGRs (only).  
Authors must record bibliographic details of all research outputs in the University’s publications database. For peer-reviewed research articles, including reviews and conference papers, this must be done as soon as possible after acceptance for publication. When creating the record in the University’s publications database, complete the appropriate fields to confirm that a data access and a rights retention statement have been added to the output itself. 
Authors must deposit full text copies of final accepted peer-reviewed research articles, including reviews and conference papers into the institutional repository, via the University’s publications database as soon as possible after acceptance for publication. Where the output is already available open access via the publisher website a link may be provided instead. The deposit of other outputs e.g. monographs is also encouraged where copyright permits. 
Where copyright allows and there are no confidentiality or commercial constraints, the research outputs in the institutional repository must be made ‘open access’, i.e. freely accessible over the internet. 
Outputs must be made open access as soon as possible after acceptance [4]….”

New Publications Policy makes rights retention a must | Library | University of Leeds

“A new publications policy takes effect from 1 January 2023.

A major update to the University’s Publications Policy will help authors to follow good open research practices. The policy also supports authors to retain intellectual property rights in their work.

Until recently, open research practices have focused on making journal articles openly accessible. Now open access is seen as one part of the wider open research movement, which considers a broader range of research outputs. One key aim is to make more outputs immediately available so that everyone can benefit from access to the most recent research….

The updated Publications Policy features three new author requirements:

Authors must identify all contributors in all roles in all research outputs.
This aligns with research culture initiatives to make sure all contributions are valued and recognised.
Authors must include a Data Access Statement in all research outputs, even when there are no data associated with the publication or the data are inaccessible. The statement says where the associated research materials are available and how they can be accessed.
This enables compliance with the UKRI open access policy.
Authors must retain the necessary rights to make the accepted manuscripts of research articles publicly available under the terms of a Creative Commons Attribution (CC BY) licence. This includes reviews and conference papers….”

GitHub is Sued, and We May Learn Something About Creative Commons Licensing – The Scholarly Kitchen

“I have had people tell me with doctrinal certainty that Creative Commons licenses allow text and data mining, and insofar as license terms are observed, I agree. The making of copies to perform text and data mining, machine learning, and AI training (collectively “TDM”) without additional licensing is authorized for commercial and non-commercial purposes under CC BY, and for non-commercial purposes under CC BY-NC. (Full disclosure: CCC offers RightFind XML, a service that supports licensed commercial access to full-text articles for TDM with value-added capabilities.)

I have long wondered, however, about the interplay between the attribution requirement (i.e., the “BY” in CC BY) and TDM. After all, the bargain with those licenses is that the author allows reuse, typically at no cost, but requires attribution. Attribution under the CC licenses may be the author’s primary benefit and motivation, as few authors would agree to offer the licenses without credit.

In the TDM context, this raises interesting questions:

Does the attribution requirement mean that the author’s information may not be removed as a data element from the content, even if inclusion might frustrate the TDM exercise or introduce noise into the system?
Does the attribution need to be included in the data set at every stage?
Does the result of the mining need to include attribution, even if hundreds of thousands of CC BY works were mined and the output does not include content from individual works?

While these questions may have once seemed theoretical, that is no longer the case. An analogous situation involving open software licenses (GNU and the like) is now being litigated….”

Adoption of Creative Commons Licences for the Maximum Utilisation of e-Resource: A Use Case of Open Access Journals Indexed in DOAJ: The Serials Librarian: Vol 0, No 0

Abstract:  The present study aims to investigate the trend and growth of Open Access (OA) journals in the Directory of Open Access Journals (DOAJ) portal. The authors found that there are 17,379 indexed journals in 80 languages from 130 countries covering all fields of science, technology, medicine, social sciences, arts, and humanities. The study presents findings on the contribution to DOAJ by subjects, country, DOAJ seal, article processing charges (APC), and author publishing rights. The study found that medicine journals were highest in this portal and the majority of contributions came from Indonesia. It was also found that the majority of the journals allow the author to hold publishing rights and only 8% of OA journals received the DOAJ seal. The maximum numbers of OA journals have Creative Commons Attribution licences and the highest APC is Rs. 3,97,985. DOAJ is the main source of information in facilitating organized access to OA literature. It is recommended to raise a DOAJ special seal for practicing extra high-level commitment to OA publications.

 

Freier Zugang umgehend und uneingeschränkt – das ändert ab dem 1. Januar 2023

From Google’s English:  “The SNSF will adjust its Open Access requirements at the beginning of 2023. Scientific articles must now be accessible immediately. This corresponds to the principles of cOAlition S, which the SNSF joined in June 2022….

If scientific results are only publicly accessible after a blocking period, this not only harms science, but also society, which has often paid for this research. “From the point of view of the SNSF, the time for such delays in articles is now over,” says Matthias Egger, President of the National Research Council. “We no longer accept blocking periods.” If the SNSF funds a research project, the resulting articles must be freely available immediately.

As before, this obligation can be fulfilled in three different ways: publication in an open access journal (golden way), in a hybrid journal or as a manuscript version (“Author’s Accepted Manuscript”) in a digital archive (green way). The regulations for books and book chapters remain unchanged.

Use without any restrictions

Other requirements will also be new for 2023. The SNSF stipulates a CC-BY license for all articles. Scientific articles are primarily distributed and read digitally. Both the researchers and the SNSF have an interest in knowledge being spread as widely as possible and used in as many different ways as possible. The so-called Creative Commons licenses (CC licenses) are the standard today for the use of digital content and content distributed via the Internet. This means: The articles can basically be used without restrictions – from further distribution to automated evaluation in order to gain completely new insights. Of course, the researchers must be named as the authors each time they are used, and it must be clear whether the content has been changed.

rights reserved

Many publishers restrict what researchers can do with the articles they have created themselves through exclusive publication contracts. Very often these limitations also prevent the fulfillment of OA obligations. The SNSF is therefore adopting the rights retention strategy developed by cOAlition S: researchers reserve the right to make their manuscript freely available immediately and under a CC-BY license when they submit it. They refer to their obligations towards the SNSF….”

Open access publications policy

“11.1. Principle 1: Clause 10 of the IP Policy states that as employer the University generally holds copyright in works produced by employees, however the University waives ownership of copyright in scholarly materials. This is a long-standing commitment, enabling authors to enter into agreements with publishers and undertake the standard practice of signing publication agreements.

11.2. Principle 2: Waiving of copyright comes with the obligation to grant to the University a non-exclusive, irrevocable, royalty-free licence including the right for the University to sub-licence to third parties*. Clause 11 of the IP Policy sets out this ‘grant of rights’ by authors to the University, which acts to rebalance ownership and rights in scholarly works regardless of any downstream arrangements between authors and publishers. The sublicence essentially enables dissemination through the University’s repository system(s) which are in turn accessed by third party indexing services as well as researchers. Sections 14 and 15 of this policy specify the sub-licences and processes required for depositing accepted manuscripts of journal articles in the institutional repository and / or depositing other materials of a scholarly nature where required for compliance with external funding bodies….”