116-424: Open access ( OA ) is a set of principles and a range of practices through which nominally copyrightable publications are delivered to readers free of access charges or other barriers. With open access strictly defined (according to the 2001 definition), or libre open access, barriers to copying or reuse are also reduced or removed by applying an open license for copyright, which regulates post-publication uses of
232-409: A professional in the field, a researcher in another field, a journalist , a politician or civil servant , or an interested layperson. Indeed, a 2008 study revealed that mental health professionals are roughly twice as likely to read a relevant article if it is freely available. Research funding agencies and universities want to ensure that the research they fund and support in various ways has
348-416: A case of academic misconduct and plagiarism, and could be pursued as such. There is no evidence that "scooping" of research via preprints exists, not even in communities that have broadly adopted the use of the arXiv server for sharing preprints since 1991. If the unlikely case of scooping emerges as the growth of the preprint system continues, it can be dealt with as academic malpractice. ASAPbio includes
464-405: A certain state do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and sometimes a large group of countries, have made agreements with other countries on procedures applicable when works "cross" national borders or national rights are inconsistent. Typically, the public law duration of a copyright expires 50 to 100 years after
580-487: A colour system. The most commonly recognised names are "green", "gold", and "hybrid" open access; however, several other models and alternative terms are also used. In the gold OA model, the publisher makes all articles and related content available for free immediately on the journal's website. In such publications, articles are licensed for sharing and reuse via Creative Commons licenses or similar. Many gold OA publishers charge an article processing charge (APC), which
696-520: A direct approach to the infringing party in order to settle the dispute out of court. "... by 1978, the scope was expanded to apply to any 'expression' that has been 'fixed' in any medium, this protection granted automatically whether the maker wants it or not, no registration required." With older technology like paintings, books, phonographs, and film, it is generally not feasible for consumers to make copies on their own, so producers can simply require payment when transferring physical possession of
812-749: A fixed period, after which the copyright expired. It was "An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or the Purchasers of such Copies, during the Times therein mentioned." The act also alluded to individual rights of the artist. It began, "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing ... Books, and other Writings, without
928-581: A journal's impact factor. Some publishers (e.g. eLife and Ubiquity Press ) have released estimates of their direct and indirect costs that set their APCs. Hybrid OA generally costs more than gold OA and can offer a lower quality of service. A particularly controversial practice in hybrid open access journals is " double dipping ", where both authors and subscribers are charged. By comparison, journal subscriptions equate to $ 3,500–$ 4,000 per article published by an institution, but are highly variable by publisher (and some charge page fees separately). This has led to
1044-407: A journal, the archived version is called a " postprint ". This can be the accepted manuscript as returned by the journal to the author after successful peer review. Hybrid open-access journals contain a mixture of open access articles and closed access articles. A publisher following this model is partially funded by subscriptions, and only provide open access for those individual articles for which
1160-553: A key principle. Open access (mostly green and gratis) began to be sought and provided worldwide by researchers when the possibility itself was opened by the advent of Internet and the World Wide Web . The momentum was further increased by a growing movement for academic journal publishing reform, and with it gold and libre OA. The premises behind open access publishing are that there are viable funding models to maintain traditional peer review standards of quality while also making
1276-496: A literary work covered by copyright law. Richard Stallman founded the free software movement in response to the rise of proprietary software . The term "open source" was used by the Open Source Initiative (OSI), founded by free software developers Bruce Perens and Eric S. Raymond . "Open source" is alternative label that emphasizes the strengths of the open development model rather than software freedoms. While
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#17328379300211392-520: A multitude of journal and conference styles, and sometimes spend months waiting for peer review results. The drawn-out and often contentious societal and technological transition to Open Access and Open Science/Open Research, particularly across North America and Europe (Latin America has already widely adopted "Acceso Abierto" since before 2000) has led to increasingly entrenched positions and much debate. The area of (open) scholarly practices increasingly sees
1508-482: A nation that has domestic copyright laws or adheres to a bilateral treaty or established international convention such as the Berne Convention or WIPO Copyright Treaty . Improper use of materials outside of legislation is deemed "unauthorized edition", not copyright infringement. Statistics regarding the effects of copyright infringement are difficult to determine. Studies have attempted to determine whether there
1624-461: A new open access business model, to experiments with providing as much free or open access as possible, to active lobbying against open access proposals. There are many publishers that started up as open access-only publishers, such as PLOS, Hindawi Publishing Corporation , Frontiers in... journals, MDPI and BioMed Central. Some open access journals (under the gold, and hybrid models) generate revenue by charging publication fees in order to make
1740-417: A product of an individual, with attendant rights. The most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified. This parallels the ways in which capitalism led to the commodification of many aspects of social life that earlier had no monetary or economic value per se. Copyright has developed into a concept that has
1856-457: A role for policy-makers and research funders giving focus to issues such as career incentives, research evaluation and business models for publicly funded research. Plan S and AmeliCA (Open Knowledge for Latin America) caused a wave of debate in scholarly communication in 2019 and 2020. Subscription-based publishing typically requires transfer of copyright from authors to the publisher so that
1972-581: A series of hypothetical scooping scenarios as part of its preprint FAQ, finding that the overall benefits of using preprints vastly outweigh any potential issues around scooping. Indeed, the benefits of preprints, especially for early-career researchers, seem to outweigh any perceived risk: rapid sharing of academic research, open access without author-facing charges, establishing priority of discoveries, receiving wider feedback in parallel with or before peer review, and facilitating wider collaborations. The "green" route to OA refers to author self-archiving, in which
2088-400: A set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works , distribution, public performance , and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rights". This means that copyrights granted by the law of
2204-411: A significant effect on nearly every modern industry, including not just literary work, but also forms of creative work such as sound recordings , films , photographs , software , and architecture . Often seen as the first real copyright law, the 1709 British Statute of Anne gave authors and the publishers to whom they did chose to license their works, the right to publish the author's creations for
2320-412: A single word is insufficient to comprise a copyright work. However, single words or a short string of words can sometimes be registered as a trademark instead. Copyright law recognizes the right of an author based on whether the work actually is an original creation , rather than based on whether it is unique ; two authors may own copyright on two substantially identical works, if it is determined that
2436-518: A tangible medium of expression" to obtain copyright protection. US law requires that the fixation be stable and permanent enough to be "perceived, reproduced or communicated for a period of more than transitory duration". Similarly, Canadian courts consider fixation to require that the work be "expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance". Note this provision of US law: c) Effect of Berne Convention.—No right or interest in
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#17328379300212552-498: A time-stamp at the time of publication, which helps to establish the "priority of discovery" for scientific claims (Vale and Hyman 2016). This means that a preprint can act as proof of provenance for research ideas, data, code, models, and results. The fact that the majority of preprints come with a form of permanent identifier, usually a digital object identifier (DOI), also makes them easy to cite and track. Thus, if one were to be "scooped" without adequate acknowledgement, this would be
2668-623: A version of the article (often the peer-reviewed version before editorial typesetting, called "postprint") is posted online to an institutional and/or subject repository. This route is often dependent on journal or publisher policies, which can be more restrictive and complicated than respective "gold" policies regarding deposit location, license, and embargo requirements. Some publishers require an embargo period before deposition in public repositories, arguing that immediate self-archiving risks loss of subscription income. Embargoes are imposed by between 20 and 40% of journals, during which time an article
2784-410: A very important role in responding to open-access mandates from funders. Copyright A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work , usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect
2900-599: A whole. A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright, to the life of the creator and beyond, to their heirs. Yet scholars like Lawrence Lessig have argued that copyright terms have been extended beyond the scope imagined by the Framers. Lessig refers to the Copyright Clause as the "Progress Clause" to emphasize the social dimension of intellectual property rights. The original length of copyright in
3016-610: A wide range of creative, intellectual, or artistic forms, or "works". Specifics vary by jurisdiction , but these can include poems , theses , fictional characters , plays and other literary works , motion pictures , choreography , musical compositions, sound recordings , paintings , drawings , sculptures , photographs , computer software , radio and television broadcasts , and industrial designs . Graphic designs and industrial designs may have separate or overlapping laws applied to them in some jurisdictions. Copyright does not cover ideas and information themselves, only
3132-462: A wide variety of academic disciplines, giving most academics options for OA with no APCs. Diamond OA journals are available for most disciplines, and are usually small (<25 articles per year) and more likely to be multilingual (38%); thousands of such journals exist. The growth of unauthorized digital copying by large-scale copyright infringement has enabled free access to paywalled literature. This has been done via existing social media sites (e.g.
3248-528: A work eligible for protection under this title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of
3364-552: A work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (some jurisdictions may allow this to be extended). Different countries impose different tests, although generally the requirements are low; in the United Kingdom there has to be some "skill, labour, and judgment" that has gone into it. In Australia and the United Kingdom it has been held that
3480-476: Is a monetary loss for industries affected by copyright infringement by predicting what portion of pirated works would have been formally purchased if they had not been freely available. Other reports indicate that copyright infringement does not have an adverse effect on the entertainment industry, and can have a positive effect. In particular, a 2014 university study concluded that free music content, accessed on YouTube , does not necessarily hurt sales, instead has
3596-410: Is a prohibition on data mining . For this reason, many big data studies of various technologies performed by economists ( as well as machine learning by computer scientists ) are limited to patent analysis , since the patent documents are not subject to copyright at all. FAIR is an acronym for 'findable, accessible, interoperable and reusable', intended to more clearly define what is meant by
Open access - Misplaced Pages Continue
3712-740: Is consistent with the Green Open Access model. A persistent concern surrounding preprints is that work may be at risk of being plagiarised or "scooped" – meaning that the same or similar research will be published by others without proper attribution to the original source – if publicly available but not yet associated with a stamp of approval from peer reviewers and traditional journals. These concerns are often amplified as competition increases for academic jobs and funding, and perceived to be particularly problematic for early-career researchers and other higher-risk demographics within academia. However, preprints, in fact, protect against scooping. Considering
3828-455: Is one of the most permissive, only requiring attribution to be allowed to use the material (and allowing derivations and commercial use). A range of more restrictive Creative Commons licenses are also used. More rarely, some of the smaller academic journals use custom open access licenses. Some publishers (e.g. Elsevier ) use "author nominal copyright" for OA articles, where the author retains copyright in name only and all rights are transferred to
3944-594: Is paywalled before permitting self-archiving (green OA) or releasing a free-to-read version (bronze OA). Embargo periods typically vary from 6–12 months in STEM and >12 months in humanities , arts and social sciences . Embargo-free self-archiving has not been shown to affect subscription revenue , and tends to increase readership and citations. Embargoes have been lifted on particular topics for either limited times or ongoing (e.g. Zika outbreaks or indigenous health). Plan S includes zero-length embargoes on self-archiving as
4060-593: Is the Subscribe to Open publishing model introduced by Annual Reviews ; if the subscription revenue goal is met, the given journal's volume is published open access. Advantages and disadvantages of open access have generated considerable discussion amongst researchers, academics, librarians, university administrators, funding agencies, government officials, commercial publishers , editorial staff and society publishers. Reactions of existing publishers to open access journal publishing have ranged from moving with enthusiasm to
4176-422: Is typically paid through institutional or grant funding. The majority of gold open access journals charging APCs follow an "author-pays" model, although this is not an intrinsic property of gold OA. Self-archiving by authors is permitted under green OA. Independently from publication by a publisher, the author also posts the work to a website controlled by the author, the research institution that funded or hosted
4292-476: Is usually other researchers. Open access helps researchers as readers by opening up access to articles that their libraries do not subscribe to. All researchers benefit from open access as no library can afford to subscribe to every scientific journal and most can only afford a small fraction of them – this is known as the " serials crisis ". Open access extends the reach of research beyond its immediate academic circle. An open access article can be read by anyone –
4408-409: The #ICanHazPDF hashtag) as well as dedicated sites (e.g. Sci-Hub ). In some ways this is a large-scale technical implementation of pre-existing practice, whereby those with access to paywalled literature would share copies with their contacts. However, the increased ease and scale from 2010 onwards have changed how many people treat subscription publications. Similar to the free content definition,
4524-595: The Copyright Law in United States , the Copyright Office concluded that many diverse aspects of the current moral rights patchwork – including copyright law's derivative work right, state moral rights statutes, and contract law – are generally working well and should not be changed. Further, the Office concludes that there is no need for the creation of a blanket moral rights statute at this time. However, there are aspects of
4640-615: The European Union require their member states to comply with them. All member states of the World Trade Organization are obliged to establish minimum levels of copyright protection. Nevertheless, important differences between the national regimes continue to exist. The original holder of the copyright may be the employer of the author rather than the author themself if the work is a " work for hire ". For example, in English law
4756-663: The Free Journal Network . APC-free journals tend to be smaller and more local-regional in scope. Some also require submitting authors to have a particular institutional affiliation. A " preprint " is typically a version of a research paper that is shared on an online platform prior to, or during, a formal peer review process. Preprint platforms have become popular due to the increasing drive towards open access publishing and can be publisher- or community-led. A range of discipline-specific or cross-domain platforms now exist. The posting of pre-prints (and/or authors' manuscript versions)
Open access - Misplaced Pages Continue
4872-528: The Internet , creating a much bigger threat to producer revenue. Some have used digital rights management technology to restrict non-playback access through encryption and other means. Digital watermarks can be used to trace copies, deterring infringement with a more credible threat of legal consequences. Copy protection is used for both digital and pre-Internet electronic media. For a work to be considered to infringe upon copyright, its use must have occurred in
4988-609: The Middle Ages in Europe, there was generally a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society. The latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product and expression of the collective, rather than to see it as individual property. However, with copyright laws, intellectual production comes to be seen as
5104-483: The RIAA are increasingly targeting the file sharing home Internet user. Thus far, however, most such cases against file sharers have been settled out of court. ( See Legal aspects of file sharing ) In most jurisdictions the copyright holder must bear the cost of enforcing copyright. This will usually involve engaging legal representation, administrative or court costs. In light of this, many copyright disputes are settled by
5220-709: The United International Bureaux for the Protection of Intellectual Property signed the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations . In 1996, this organization was succeeded by the founding of the World Intellectual Property Organization , which launched the 1996 WIPO Performances and Phonograms Treaty and the 2002 WIPO Copyright Treaty , which enacted greater restrictions on
5336-596: The copyright as legal mechanism. Ideas of free/open licenses have since spread into different spheres of society. Open source , free culture (unified as free and open-source movement ), anticopyright , Wikimedia Foundation projects, public domain advocacy groups and pirate parties are connected with free and open licenses. Free software licenses , also known as open-source licenses , are software licenses that allow content to be used, modified, and shared. They facilitate free and open-source software (FOSS) development. Intellectual property (IP) laws restrict
5452-409: The 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic. However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit – using notices of this form may reduce
5568-446: The Berne Convention, or the adherence of the United States thereto. Before 1989, United States law required the use of a copyright notice, consisting of the copyright symbol (©, the letter C inside a circle; Unicode U+00A9 © COPYRIGHT SIGN ), the abbreviation "Copr.", or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder. Several years may be noted if
5684-433: The Berne Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all intellectual property rights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the rights expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto
5800-604: The Consent of the Authors ;... to their very great Detriment, and too often to the Ruin of them and their Families:". A right to benefit financially from the work is articulated, and court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved. An irrevocable right to be recognized as the work's creator appears in some countries' copyright laws. The Copyright Clause of
5916-523: The Copyright, Designs and Patents Act 1988 provides that if a copyrighted work is made by an employee in the course of that employment, the copyright is automatically owned by the employer which would be a "Work for Hire". Typically, the first owner of a copyright is the person who created the work i.e. the author . But when more than one person creates the work, then a case of joint authorship can be made provided some criteria are met. Copyright may apply to
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#17328379300216032-658: The Philosopher's Stone with a free-domain alternative, such as A Voyage to Lilliput , an emergency room physician treating a patient for a life-threatening urushiol poisoning cannot substitute the most recent, but paywalled review article on this topic with a 90 year-old copyright-expired article that was published before the invention of prednisone in 1954. 2) the authors of research papers are not paid in any way, so they do not suffer any monetary losses, when they switch from behind paywall to open access publishing, especially, if they use diamond open access media. 3)
6148-578: The Statute of Anne. While the national law protected authors' published works, authority was granted to the states to protect authors' unpublished works. The most recent major overhaul of copyright in the US, the 1976 Copyright Act , extended federal copyright to works as soon as they are created and "fixed", without requiring publication or registration. State law continues to apply to unpublished works that are not otherwise copyrighted by federal law. This act also changed
6264-652: The U.S. economy at least $ 29.2 billion in lost revenue each year." An August 2021 report by the Digital Citizens Alliance states that "online criminals who offer stolen movies, TV shows, games, and live events through websites and apps are reaping $ 1.34 billion in annual advertising revenues." This comes as a result of users visiting pirate websites who are then subjected to pirated content, malware, and fraud. According to World Intellectual Property Organisation , copyright protects two types of rights. Economic rights allow right owners to derive financial reward from
6380-512: The US moral rights patchwork that could be improved to the benefit of individual authors and the copyright system as a whole. Free license A free license or open license is a license that allows copyrighted work to be reused, modified, and redistributed. These uses are normally prohibited by copyright , patent or other Intellectual property (IP) laws. The term broadly covers free content licenses and open-source licenses , also known as free software licenses . The invention of
6496-524: The US. The Berne International Copyright Convention of 1886 finally provided protection for authors among the countries who signed the agreement, although the US did not join the Berne Convention until 1989. In the US, the Constitution grants Congress the right to establish copyright and patent laws. Shortly after the Constitution was passed, Congress enacted the Copyright Act of 1790 , modeling it after
6612-495: The Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form." Some countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that most works must be "fixed in
6728-634: The United States was 14 years, and it had to be explicitly applied for. If the author wished, they could apply for a second 14‑year monopoly grant, but after that the work entered the public domain , so it could be used and built upon by others. In many jurisdictions of the European continent, comparable legal concepts to copyright did exist from the 16th century on but did change under Napoleonic rule into another legal concept: authors' rights or creator's right laws, from French: droits d'auteur and German Urheberrecht . In many modern-day publications
6844-515: The United States, Constitution (1787) authorized copyright legislation: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." That is, by guaranteeing them a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as
6960-452: The assessment that there is enough money "within the system" to enable full transition to OA. However, there is ongoing discussion about whether the change-over offers an opportunity to become more cost-effective or promotes more equitable participation in publication. Concern has been noted that increasing subscription journal prices will be mirrored by rising APCs, creating a barrier to less financially privileged authors. The inherent bias of
7076-657: The authors (or research sponsor) pay a publication fee. Hybrid OA generally costs more than gold OA and can offer a lower quality of service. A particularly controversial practice in hybrid open access journals is " double dipping ", where both authors and subscribers are charged. For these reasons, hybrid open access journals have been called a " Mephistophelian invention", and publishing in hybrid OA journals often do not qualify for funding under open access mandates , as libraries already pay for subscriptions thus have no financial incentive to fund open access articles in such journals. Bronze open access articles are free to read only on
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#17328379300217192-452: The authors even after the authors have transferred their economic rights. In some EU countries, such as France, moral rights last indefinitely. In the UK, however, moral rights are finite. That is, the right of attribution and the right of integrity last only as long as the work is in copyright. When the copyright term comes to an end, so too do the moral rights in that work. This is just one reason why
7308-468: The authors even after the authors have transferred their economic rights. This means that even where, for example, a film producer or publisher owns the economic rights in a work, in many jurisdictions the individual author continues to have moral rights. Recently, as a part of the debates being held at the US Copyright Office on the question of inclusion of Moral Rights as a part of the framework of
7424-696: The calculation of copyright term from a fixed term (then a maximum of fifty-six years) to "life of the author plus 50 years". These changes brought the US closer to conformity with the Berne Convention, and in 1989 the United States further revised its copyright law and joined the Berne Convention officially. Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia. In
7540-454: The concepts throughout the years have been mingled globally, due to international treaties and contracts, distinct differences between jurisdictions continue to exist. Creator's law was enacted rather late in German speaking states and the economic historian Eckhard Höffner argues that the absence of possibilities to maintain copyright laws in all these states in the early 19th century, encouraged
7656-474: The convention. The UK signed the Berne Convention in 1887 but did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act 1988 . Specially, for educational and scientific research purposes, the Berne Convention provides the developing countries issue compulsory licenses for the translation or reproduction of copyrighted works within the limits prescribed by
7772-590: The convention. This was a special provision that had been added at the time of 1971 revision of the convention, because of the strong demands of the developing countries. The United States did not sign the Berne Convention until 1989. The United States and most Latin American countries instead entered into the Buenos Aires Convention in 1910, which required a copyright notice on the work (such as all rights reserved ), and permitted signatory nations to limit
7888-481: The copyright holder is entitled to enforce their exclusive rights. However, while registration is not needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees. (In the US, registering after an infringement only enables one to receive actual damages and lost profits.) A widely circulated strategy to avoid
8004-561: The copyright holder reserves, or holds for their own use was once required to assert copyright, but that phrase is now legally obsolete. Almost everything on the Internet has some sort of copyright attached to it. Whether these things are watermarked, signed, or have any other sort of indication of the copyright is a different story however. In 1989 the United States enacted the Berne Convention Implementation Act , amending
8120-488: The cost of electronic publishing , which has been the main form of distribution of journal articles since ca. 2000, is incommensurably smaller, than the cost of on-paper publishing and distribution, which is still preferred by many fiction literature readers. Whereas non-open access journals cover publishing costs through access tolls such as subscriptions, site licenses or pay-per-view charges, open-access journals are characterised by funding models which do not require
8236-477: The cost of copyright registration is referred to as the poor man's copyright . It proposes that the creator send the work to themself in a sealed envelope by registered mail, using the postmark to establish the date. This technique has not been recognized in any published opinions of the United States courts. The United States Copyright Office says the technique is not a substitute for actual registration. The United Kingdom Intellectual Property Office discusses
8352-408: The creator dies, depending on the jurisdiction . Some countries require certain copyright formalities to establishing copyright, others recognize copyright in any completed work, without a formal registration. When the copyright of a work expires, it enters the public domain . The concept of copyright developed after the printing press came into use in Europe in the 15th and 16th centuries. It
8468-400: The current APC-based OA publishing perpetuates this inequality through the 'Matthew effect' (the rich get richer, and the poor get poorer). The switch from pay-to-read to pay-to-publish has left essentially the same people behind, with some academics not having enough purchasing power (individually or through their institutions) for either option. Some gold OA publishers will waive all or part of
8584-447: The differences between traditional peer-review based publishing models and deposition of an article on a preprint server, "scooping" is less likely for manuscripts first submitted as preprints. In a traditional publishing scenario, the time from manuscript submission to acceptance and to final publication can range from a few weeks to years, and go through several rounds of revision and resubmission before final publication. During this time,
8700-416: The duplication was coincidental, and neither was copied from the other. In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file),
8816-517: The duration of copyrights to shorter and renewable terms. The Universal Copyright Convention was drafted in 1952 as another less demanding alternative to the Berne Convention, and ratified by nations such as the Soviet Union and developing nations. The regulations of the Berne Convention are incorporated into the World Trade Organization 's TRIPS agreement (1995), thus giving the Berne Convention effectively near-global application. In 1961,
8932-682: The exogenous differential introduction of author's right (Italian: diritto d’autore ) in Napoleonic Italy shows that "basic copyrights increased both the number and the quality of operas, measured by their popularity and durability". The 1886 Berne Convention first established recognition of authors' rights among sovereign nations , rather than merely bilaterally. Under the Berne Convention, protective rights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" these protective rights in countries adhering to
9048-401: The fee for authors from less developed economies . Steps are normally taken to ensure that peer reviewers do not know whether authors have requested, or been granted, fee waivers, or to ensure that every paper is approved by an independent editor with no financial stake in the journal. The main argument against requiring authors to pay a fee, is the risk to the peer review system, diminishing
9164-484: The following changes: An obvious advantage of open access journals is the free access to scientific papers regardless of affiliation with a subscribing library and improved access for the general public; this is especially true in developing countries. Lower costs for research in academia and industry have been claimed in the Budapest Open Access Initiative , although others have argued that OA may raise
9280-418: The form or manner in which they are expressed. For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but does not prohibit the creation of other works about anthropomorphic mice in general, so long as they are different enough not to be judged copies of Disney's. Typically,
9396-580: The free software movement. Copyleft licenses require derivative works to be distributed with the source code and under a similar license. Since the mid-2000s, courts in multiple countries have upheld the terms of both types of license. Software developers have filed cases as copyright infringement and as breaches of contract. According to the current definition of open content on the OpenContent website, any general, royalty-free copyright license would qualify as an open license because it 'provides users with
9512-413: The goals behind the terms are different, open-source licenses and free software licenses describe the same type of licenses. The two main categories of free and open-source licenses are permissive and copyleft . Both grant permission to change and distribute software. Typically, they require attribution and disclaim liability . Permissive licenses come from academia. Copyleft licenses come from
9628-516: The greatest possible research impact. As a means of achieving this, research funders are beginning to expect open access to the research they support. Many of them (including all UK Research Councils) have already adopted open-access mandates , and others are on the way to do so (see ROARMAP ). A growing number of universities are providing institutional repositories in which their researchers can deposit their published articles. Some open access advocates believe that institutional repositories will play
9744-504: The holder in a civil law court, but there are also criminal infringement statutes in some jurisdictions. While central registries are kept in some countries which aid in proving claims of ownership, registering does not necessarily prove ownership, nor does the fact of copying (even without permission) necessarily prove that copyright was infringed. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as
9860-634: The incomes of many academics. Printing brought profound social changes . The rise in literacy across Europe led to a dramatic increase in the demand for reading matter. Prices of reprints were low, so publications could be bought by poorer people, creating a mass audience. In German-language markets before the advent of copyright, technical materials, like popular fiction, were inexpensive and widely available; it has been suggested this contributed to Germany's industrial and economic success. The concept of copyright first developed in England . In reaction to
9976-580: The kinds of open access defined in the Budapest Open Access Initiative , the Bethesda Statement on Open Access Publishing and the Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities . The re-use rights of libre OA are often specified by various specific Creative Commons licenses ; all of which require as a minimum attribution of authorship to the original authors. In 2012,
10092-509: The latter can monetise the process via dissemination and reproduction of the work. With OA publishing, typically authors retain copyright to their work, and license its reproduction to the publisher. Retention of copyright by authors can support academic freedoms by enabling greater control of the work (e.g. for image re-use) or licensing agreements (e.g. to allow dissemination by others). The most common licenses used in open access publishing are Creative Commons . The widely used CC BY license
10208-487: The legally recognised rights and interests of others. Most copyright laws state that authors or other right owners have the right to authorise or prevent certain acts in relation to a work. Right owners can authorise or prohibit: Moral rights are concerned with the non-economic rights of a creator. They protect the creator's connection with a work as well as the integrity of the work. Moral rights are only accorded to individual authors and in many national laws they remain with
10324-429: The likelihood of a defense of "innocent infringement" being successful. In the UK, the publisher of a work automatically owns the copyright in the "typographical arrangement of a published work", i.e. its layout and general appearance as a published work. This copyright lasts for 25 years after the end of the year in which the edition containing that arrangement was first published. Copyrights are generally enforced by
10440-490: The modification and sharing of creative works. Free and open-source licenses use these existing legal structures for an inverse purpose. They grant the recipient the rights to use the software, examine the source code , modify it, and distribute the modifications. These criteria are outlined in the Open Source Definition and The Free Software Definition . After 1980, the United States began to treat software as
10556-607: The moral rights regime within the UK is often regarded as weaker or inferior to the protection of moral rights in continental Europe and elsewhere in the world. The Berne Convention, in Article 6bis, requires its members to grant authors the following rights: These and other similar rights granted in national laws are generally known as the moral rights of authors. The Berne Convention requires these rights to be independent of authors' economic rights. Moral rights are only accorded to individual authors and in many national laws they remain with
10672-505: The number of works under libre open access was considered to have been rapidly increasing for a few years, though most open-access mandates did not enforce any copyright license and it was difficult to publish libre gold OA in legacy journals. However, there are no costs nor restrictions for green libre OA as preprints can be freely self-deposited with a free license, and most open-access repositories use Creative Commons licenses to allow reuse. The biggest drawback of many Open Access licenses
10788-418: The original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds
10904-989: The overall quality of scientific journal publishing. No-fee open access journals, also known as "platinum" or "diamond" do not charge either readers or authors. These journals use a variety of business models including subsidies, advertising, membership dues, endowments, or volunteer labour. Subsidising sources range from universities, libraries and museums to foundations, societies or government agencies. Some publishers may cross-subsidise from other publications or auxiliary services and products. For example, most APC-free journals in Latin America are funded by higher education institutions and are not conditional on institutional affiliation for publication. Conversely, Knowledge Unlatched crowdsources funding in order to make monographs available open access. Estimates of prevalence vary, but approximately 10,000 journals without APC are listed in DOAJ and
11020-424: The owner's permission, often through a license. The owner's use of the property must, however, respect the legally recognised rights and interests of other members of society. So the owner of a copyright-protected work may decide how to use the work, and may prevent others from using it without permission. National laws usually grant copyright owners exclusive rights to allow third parties to use their works, subject to
11136-588: The potential to increase sales. According to the IP Commission Report the annual cost of intellectual property infringement to the US economy "continues to exceed $ 225 billion in counterfeit goods, pirated software, and theft of trade secrets and could be as high as $ 600 billion." A 2019 study sponsored by the US Chamber of Commerce Global Innovation Policy Center (GIPC), in partnership with NERA Economic Consulting "estimates that global online piracy costs
11252-826: The printing of "scandalous books and pamphlets", the English Parliament passed the Licensing of the Press Act 1662 , which required all intended publications to be registered with the government-approved Stationers' Company , giving the Stationers the right to regulate what material could be printed. The Statute of Anne , enacted in 1710 in England and Scotland, provided the first legislation to protect copyrights (but not authors' rights). The Copyright Act of 1814 extended more rights for authors but did not protect British from reprinting in
11368-572: The publisher page, but lack a clearly identifiable license. Such articles are typically not available for reuse. Journals that publish open access without charging authors article processing charges are sometimes referred to as diamond or platinum OA. Since they do not charge either readers or authors directly, such publishers often require funding from external sources such as the sale of advertisements , academic institutions , learned societies , philanthropists or government grants . There are now over 350 platinum OA journals with impact factors over
11484-458: The publisher. Since open access publication does not charge readers, there are many financial models used to cover costs by other means. Open access can be provided by commercial publishers, who may publish open access as well as subscription-based journals, or dedicated open-access publishers such as Public Library of Science (PLOS) and BioMed Central . Another source of funding for open access can be institutional subscribers. One example of this
11600-440: The publishing of low-priced paperbacks for the masses. This was profitable for authors and led to a proliferation of books, enhanced knowledge, and was ultimately an important factor in the ascendency of Germany as a power during that century. After the introduction of creator's rights, German publishers started to follow English customs, in issuing only expensive book editions for wealthy customers. Empirical evidence derived from
11716-546: The reader to pay to read the journal's contents, relying instead on author fees or on public funding, subsidies and sponsorships. Open access can be applied to all forms of published research output, including peer-reviewed and non peer-reviewed academic journal articles, conference papers , theses , book chapters, monographs , research reports and images. There are different models of open access publishing and publishers may use one or more of these models. Different open access types are currently commonly described using
11832-485: The same work will have been extensively discussed with external collaborators, presented at conferences, and been read by editors and reviewers in related areas of research. Yet, there is no official open record of that process (e.g., peer reviewers are normally anonymous, reports remain largely unpublished), and if an identical or very similar paper were to be published while the original was still under review, it would be impossible to establish provenance. Preprints provide
11948-435: The storage medium. The equivalent for digital online content is a paywall . The introduction of the photocopier , cassette tape , and videotape made it easier for consumers to copy materials like books and music, but each time a copy was made, it lost some fidelity. Digital media like text, audio, video, and software (even when stored on physical media like compact discs and DVDs ) can be copied losslessly, and shared on
12064-408: The technique and notes that the technique (as well as commercial registries) does not constitute dispositive proof that the work is original or establish who created the work. The Berne Convention allows member countries to decide whether creative works must be "fixed" to enjoy copyright. Article 2, Section 2 of the Berne Convention states: "It shall be a matter for legislation in the countries of
12180-658: The term "free license" and the focus on the rights of users were connected to the sharing traditions of the hacker culture of the 1970s public domain software ecosystem, the social and political free software movement (since 1980) and the open source movement (since the 1990s). These rights were codified by different groups and organizations for different domains in Free Software Definition , Open Source Definition , Debian Free Software Guidelines , Definition of Free Cultural Works and The Open Definition . These definitions were then transformed into licenses, using
12296-673: The term 'open access' and make the concept easier to discuss. Initially proposed in March 2016, it has subsequently been endorsed by organisations such as the European Commission and the G20 . The emergence of open science or open research has brought to light a number of controversial and hotly-debated topics. Scholarly publishing invokes various positions and passions. For example, authors may spend hours struggling with diverse article submission systems, often converting document formatting between
12412-418: The terms 'gratis' and 'libre' were used in the Budapest Open Access Initiative definition to distinguish between free to read versus free to reuse. Gratis open access ( [REDACTED] ) refers to free online access, to read, free of charge, without re-use rights. Libre open access ( [REDACTED] ) also refers to free online access, to read, free of charge, plus some additional re-use rights, covering
12528-402: The terms copyright and authors' rights are being mixed, or used as translations, but in a juridical sense the legal concepts do essentially differ. Authors' rights are, generally speaking, from the start absolute property rights of an author of original work that one does not have to apply for. The law is automatically connecting an original work as intellectual property to its creator. Although
12644-478: The total cost of publication, and further increase economic incentives for exploitation in academic publishing. The open access movement is motivated by the problems of social inequality caused by restricting access to academic research, which favor large and wealthy institutions with the financial means to purchase access to many journals, as well as the economic challenges and perceived unsustainability of academic publishing. The intended audience of research articles
12760-453: The use of technology to copy works in the nations that ratified it. The Trans-Pacific Partnership includes intellectual property provisions relating to copyright. Copyright laws and authors' right laws are standardized somewhat through these international conventions such as the Berne Convention and Universal Copyright Convention. These multilateral treaties have been ratified by nearly all countries, and international organizations such as
12876-459: The use of their works by others. Moral rights allow authors and creators to take certain actions to preserve and protect their link with their work. The author or creator may be the owner of the economic rights or those rights may be transferred to one or more copyright owners. Many countries do not allow the transfer of moral rights. With any kind of property, its owner may decide how it is to be used, and others can use it lawfully only if they have
12992-445: The work has gone through substantial revisions. The proper copyright notice for sound recordings of musical or other audio works is a sound recording copyright symbol (℗, the letter P inside a circle, Unicode U+2117 ℗ SOUND RECORDING COPYRIGHT ), which indicates a sound recording copyright, with the letter P indicating a " phonorecord ". In addition, the phrase All rights reserved which indicates that
13108-770: The work openly available at the time of publication. The money might come from the author but more often comes from the author's research grant or employer. While the payments are typically incurred per article published (e.g. BMC or PLOS journals), some journals apply them per manuscript submitted (e.g. Atmospheric Chemistry and Physics until recently) or per author (e.g. PeerJ ). Charges typically range from $ 1,000–$ 3,000 ($ 5,380 for Nature Communications ) but can be under $ 10, close to $ 5,000 or well over $ 10,000. APCs vary greatly depending on subject and region and are most common in scientific and medical journals (43% and 47% respectively), and lowest in arts and humanities journals (0% and 4% respectively). APCs can also depend on
13224-443: The work, or to an independent central open repository, where people can download the work without paying. Green OA is free of charge for the author. Some publishers (less than 5% and decreasing as of 2014) may charge a fee for an additional service such as a free license on the publisher-authored copyrightable portions of the printed version of an article. If the author posts the near-final version of their work after peer review by
13340-437: The work. The main focus of the open access movement has been on " peer reviewed research literature", and more specifically on academic journals . This is because: 1) such publications have been a subject of serials crisis , unlike newspapers , magazines and fiction writing . The main difference between these two groups is in demand elasticity : whereas an English literature curriculum can substitute Harry Potter and
13456-436: Was associated with a common law and rooted in the civil law system. The printing press made it much cheaper to produce works, but as there was initially no copyright law, anyone could buy or rent a press and print any text. Popular new works were immediately re- set and re-published by competitors, so printers needed a constant stream of new material. Fees paid to authors for new works were high, and significantly supplemented
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