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OPEN ACCESS MONOGRAPHS
AND CREATIVE COMMONS
Michael W. Carroll, Professor of Law
Meredith Jacob, Public Lead Creative Commons USA
American University Washington College of Law
TOME Meeting
AAU, ARL, AUP - July 31, 2018
THE “OPEN” IN “OPEN ACCESS”
• Openness has two dimensions
• Terms of Access
• Readily available?
• Free to access?
• Open format?
• Terms of Use
• Copyright license?
• Contractual restrictions?
THE “OPEN” IN “OPEN ACCESS,” CONT.
•Copyright controls use not access (except for DRM).
•Creative Commons provides standardized copyright
licenses that provide users more freedoms to use a work
than standard copyright.
CREATIVE COMMONS
•Created in 2002 to offer creators, publishers, or other
rightsholders standardized terms that communicate open
terms of use.
•These are public copyright licenses
•Licensor is the rightsholder
•Licensee is any member of the public who receives a copy of
the work
CREATIVE COMMONS, CONT.
• Six CC licenses combine different sets of conditions
• “CC BY” is shorthand for the Creative Commons Attribution
license.
• The only condition on reuse is that the source is properly
credited
LICENSE CONDITIONS
Attribution
Noncommercial
Share Alike
No Derivatives
Icons by the Noun Project, licensed under a
Creative Commons Attribution 4.0 International License, available at
https://creativecommons.org/about/downloads
CC LICENSES
Icons by the Noun Project, licensed under a
Creative Commons Attribution 4.0 International License, available at
https://creativecommons.org/about/downloads
LICENSE TERM COMMUNICATION
• License terms are communicated in three ways:
• A machine-readable form that communicates the permissions
and conditions
• A license “deed” which summarizes the basic terms and
conditions
• The license itself.
CREATIVE COMMONS LICENSES
• Creative Commons licenses have become widely used
standard terms for open access publishing.
• Creative Commons is the steward of these licenses.
• Licenses have been vetted by a team of copyright lawyers
from around the world to facilitate consistent application
and interpretation.
CC AND OPEN ACCESS MONOGRAPHS
•Support for open access monograph publishing is a
welcome development.
•Publishers and authors are adopting different CC licenses
that offer different amounts of openness.
•Some publish under the Attribution License (CC BY),
while others use Attribution, NonCommercial,
NoDerivatives (CC BY-NC-ND).
CC AND OPEN ACCESS MONOGRAPHS, CONT.
•Some considerations.
•How to mark third-party content that is subject to different
terms of use?
•Scholarly publishing already has well established norms
for attributing figures and other incorporated materials.
•Authors Alliance guide - Fair Use for Nonfiction Authors
If I’m hosting a copy of this book on my website, do I have
permission to include Figure 31, assuming I need
permission?
THIRD-PARTY MATERIALS
• Other examples of marking third-party materials and
associated rights/permissions.
• http://youtu.be/J9DX2wZiR7A?t=3m30s
• At min. 3:30, the following statement appears: “"Copyrighted
material (image and audio) from “Men in Black” is used for
illustrative purposes, in an effort to advance the instructor ’s teaching
goals. This use is Fair and consistent with the U.S. Copyright Act.
(USC 17 § 107)" )
• See also
http://www.youtube.com/watch?
v=6VEcPwDwTFo&feature=youtu.be&t=13m23s at min. 13:30.
NON-COMMERCIAL USE
• Will users understand whether they are making a non-
commercial use?
• “NonCommercial means not primarily intended for or directed
towards commercial advantage or monetary compensation.”
• This standard is taken from the U.S. Copyright Act.
• An intent test provides flexibility in application.
OPEN ACCESS MONOGRAPHS ON PLATFORMS
• There will be gray areas with any standard for measuring
non-commercial use.
• The area most likely to arise with OA monographs is
commercial platforms that provide a service for universities
and charge a license fee based on the number of students.
• If an OA monograph is posted to the platform, the analysis
turns on whether the platform is exercising the rights or just
the person posting and downloading the content.
EXPERIENCES WITH OPEN PUBLISHING ON CAMPUS
Open Educational Resources (OER) include open textbook
publishing efforts on campus
– Open Textbook Network
– Experience communicating with professors
– Experience awarding $ and benefits
– Case for equity and access case for OA
– [Sometimes] lower publishing infrastructure and experience
WHAT WE CAN DO TO SUPPORT TOME
• Standardized language
– OTN Publishing Agreement
– Standard Permissions request that explains OA publishing
– Others?
• Staff support—webinars and TA on CC licenses
• Faculty conversations
THANK YOU
Michael Carroll
mcarroll@wcl.american.edu
Meredith Jacob
mjacob@wcl.american.edu