This is the last article of our Copyright and Open Science series by Christine Daoutis, UCL Copyright Support Officer, which explored important aspects of copyright and its implications for open research and scholarship.

Image caption. Jonathasmello, CC BY 3.0 , via Wikimedia Commons

In this post, we conclude our Copyright and Open Science series by focusing on open education. Broadly defined, open education is “a philosophy about how people should produce, share, and build on knowledge” (source: What is open education? Opensource.com). It refers to values, practices and resources that aim to make scholarship more accessible, equitable, sustainable, transparent and collaborative.

The UNESCO definition of OERs highlights the importance of freely accessible educational materials in advancing open education practices globally. This includes the creation and reuse of OERs—materials that are either out of copyright or licensed to allow reuse. However, open education extends beyond resources to include practices such as integrating open science into teaching, sharing educational practices, and co-creating resources with learners.

OERs include a wide range of materials, such as open textbooks, open access articles, lecture handouts, images, film, slides, lecture recordings, assessment resources, software and whole courses such as Massive Open Online Courses (MOOCS). By default, all these resources are protected by copyright. If you’re planning to create open educational resources, here’s some copyright advice.

Addressing copyright in OERs

1. Know who owns what. If you are creating or collaborating on a teaching resource, it is essential to clarify who holds the copyright. This could be you, the author; your employer, if the work was created in the course of employment; or the resource could be co-owned with others, including students or sponsors. To license a resource for reuse (for example, to make it available under a Creative Commons licence), you must own the copyright to the resource and/or agree such licensing with co-owners. ♦ Copyright ownership at UCL is addressed in the UCL IP Policy.

2. Make the resources openly available and reusable. Once you are certain that the resource is yours to license, consider making it openly available, under a licence that allows reuse. Open access repositories support the discovery and access of different types of materials, including OERs. UCL has a dedicated OER repository, which accepts materials created by its staff and students.

As for licensing: we have explained in a previous post how Creative Commons licences work; and you can read more on how CC licences support OERs on the Creative Commons wiki. Licensing under the most permissive of the licences, the Creative Commons Attribution licence (CC BY), supports the ‘five Rs’ of OERs: enabling others to “retain, revise, remix, reuse and redistribute the materials”. (David Wiley, Defining the “Open” in Open Content and Open Educational Resources, Improving Learning blog).

Image caption: sOER Frank, CC BY 2.0, via Wikimedia Commons

3. Address any third-party materials. If the resource contains materials you don’t own the copyright to (such as third-party content), you have a few options:

• Reuse works that are out of copyright (public domain) or openly licensed. These might include Creative Commons images and videos, open access articles, and OERs created by others. ♦ See UCL’s guidance on finding OERs and a reading list with links to many openly licensed resources.
• Get permission from the copyright owner. If the material is not openly licensed, you might consider seeking permission to reuse it. Be clear about how the resource containing the material will be shared (i.e., as an OER). Third-party materials included in an OER should be shared under their own copyright terms (e.g., their reuse may be more restricted than the rest of the resource) and this should be communicated when sharing.
• Rely on a copyright exception. In some cases, instead of getting permission you may decide to rely on a copyright exception, notably the quotation exception in UK copyright law. Using exceptions requires judgement. You’ll need to determine whether the use of the material is ‘fair dealing’: does the purpose justify the use? Does it affect the copyright owner’s market? Overall, is it “fair” to all parties involved? Be aware that copyright exceptions vary by country, which is important when making a resource globally available. The Code of Best Practices in Fair Use for Open Educational Resources explores these approaches further, putting forward a framework that could be applied internationally.

Putting the copyright advice to practice: examples from UCL’s copyright online tutorials.

Screenshot from UCL’s Copyright Essentials tutorial, which includes a photo by Michael Neel from Knoxville, TN, USA, CC BY 2.0, via Wikimedia Commons.

While creating UCL’s Copyright Essentials and Copyright and your Teaching, two online tutorials introducing copyright, the UCL Copyright support team drew on its own advice. Specifically:

• Copyright ownership and attribution were addressed. Copyright Essentials is an adaptation of an original resource, which was also openly licensed. Attribution to all original authors was included.
• Both tutorials are publicly available online, allowing anyone to access and complete them. They are also licensed for reuse under the Creative Commons Attribution licence, permitting others to adapt and redistribute the materials with appropriate attribution.
• Third-party materials mostly included openly licensed images and links to lawfully shared videos and documents. However, for some materials, we opted to rely on copyright exceptions, which involved a degree of interpretation and risk. This was highlighted in the tutorials, inviting learners to reflect on the use of exceptions.

It should be noted that using proprietary e-learning tools (like Articulate Rise) to develop the tutorials restricts reuse. While the shared resources can be accessed, they cannot be downloaded or edited. Authors wishing to adapt the resources have the option to recreate the materials under the licence terms or contact us for an editable copy. Ideally, these resources should be created with open-source tools, but there’s a trade-off between the advantages of user-friendly, accessible proprietary tools and these limitations.

For more advice on copyright and OERs please contact copyright@ucl.ac.uk.

Read more from the Copyright and Open Science Series:

• Developing a Copyright Literacy Community at UCL (UCL Copyright blog, 29 April 2024): An introduction to building a community around copyright literacy at UCL.
• Copyright Literacy Matters: Developing a Copyright Literacy Strategy at UCL (UCL Copyright blog, 14 October 2024): A deep dive into UCL’s strategy for copyright literacy across the institution.
• Keeping it Fair and Honest: How Copyright Exceptions Can Support Your Thesis, Publications, and Teaching (UCL Copyright blog, 22 February 2024): This post explores copyright exceptions, with practical examples for researchers and educators.
• Copyright and Open Science in the Age of AI: What Can We All Do to Ensure Free and Open Access to Knowledge for All? (Open@UCL blog, 24 October 2024): A discussion on the intersection of copyright, open science, and AI, focusing on access and equity.
• Copyright and AI Part 1: How Does Copyright Apply to AI-Generated Works? (Open@UCL blog, 21 June 2024): An exploration of the implications of AI in copyright law, particularly concerning AI-generated works.
• Copyright and AI Part 2: Perceived Challenges, Suggested Approaches, and the Role of Copyright Literacy (Open@UCL blog, 15 August 2024): A follow-up on the challenges AI presents to copyright, along with potential solutions and the role of copyright literacy in addressing these challenges.
• Text and Data Mining (TDM) and Your Research: Copyright Implications and New Website Guidance (Open@UCL blog, 13 May 2024): Insights into how copyright affects text and data mining (TDM) in research, including new guidance.
• How Understanding Copyright Can Help You as a Researcher (Open@UCL blog, 4 April 2024): A beginner’s guide to understanding copyright and its importance for academic research.

Guest post by Christine Daoutis (UCL), Alex Fenlon (University of Birmingham) and Erica Levi (Coventry University).

This blog post is part of a collaborative series between the UCL Office for Open Science and Scholarship and the UCL Copyright team exploring important aspects of copyright and its implications for open research and scholarship. 

An artist’s illustration of AI by Tim West. Photo by Google DeepMind from Pexels.

A previous post outlined copyright-related questions when creating GenAI materials—questions related to ownership, protection/originality, and infringement when using GenAI. The post discussed how answers to these questions are not straightforward, largely depend on what is at stake and for whom, and are constantly shaped by court cases as they develop.

What does this uncertainty mean for students, academics, and researchers who use GenAI and, crucially, for those in roles that support them? To what extent does GenAI create new challenges, and to what extent are these uncertainties inherent in working with copyright? How can we draw on existing expertise to support and educate on using GenAI, and what new skills do we need to develop?

In this post, we summarise a discussion we led as part of our workshop for library and research support professionals at the Research Libraries UK (RLUK) annual conference in March 2024. This year’s conference title was New Frontiers: The Expanding Scope of the Modern Research Library. Unsurprisingly, when considering the expanding scope of libraries in supporting research, GenAI is one of the first things that comes to mind.

Our 16 workshop participants came from various roles, research institutions, and backgrounds. What they had in common was an appetite to understand and support copyright in the new context of AI, and a collective body of expertise that, as we will see, is very useful when tackling copyright questions in a novel context. The workshop consisted of presentations and small group discussions built around the key themes outlined below.

Perceived Challenges and Opportunities
Does the research library community overall welcome GenAI? It is undoubtedly viewed as a way to make scholarship easier and faster, offering practical solutions—for example, supporting literature reviews or facilitating draft writing by non-English speakers. Beyond that, several participants see an opportunity to experiment, perhaps becoming less risk-averse, and welcome new tools that can make research more efficient in new and unpredictable ways.

However, concerns outweigh the perceived benefits. It was repeatedly mentioned that there is a need for more transparent, reliable, sustainable, and equitable tools before adopting them in research. Crucially, users need to ask themselves what exactly they are doing when using GenAI, their intention, what sources are being used, and how reliable the outputs are.

GenAI’s concerns over copyright were seen as an opportunity to place copyright literacy at the forefront. The need for new guidance is evident, particularly around the use of different tools with varying terms and conditions, and it is also perceived as an opportunity to revive and communicate existing copyright principles in a new light.

Suggested Solutions
One of the main aims of the workshop was to address challenges imposed by GenAI. Participants were very active in putting forward ideas but expressed concerns and frustration. For example, they questioned the feasibility of shaping policy and processes when the tools themselves constantly evolve, when there is very little transparency around the sources used, and when it is challenging to reach agreement even on essential concepts. Debates on whether ‘copying’ is taking place, whether an output is a derivative of a copyrighted work, and even whether an output is protected are bound to limit the guidance we develop.

Drawing from Existing Skills and Expertise
At the same time, it was acknowledged that copyright practitioners already have expertise, guidance, and educational resources relevant to questions about GenAI and copyright. While new guidance and training are necessary, the community can draw from a wealth of resources to tackle questions that arise while using GenAI. Information literacy principles should still apply to GenAI. Perhaps the copyright knowledge and support are already available; what is missing is a thorough understanding of the new technologies, their strengths, and limitations to apply existing knowledge to new scenarios. This is where the need for collaboration arises.

Working Together
To ensure that GenAI is used ethically and creatively, the community needs to work collaboratively—with providers, creators, and users of those tools. By sharing everyday practices, decisions, guidance, and processes will be informed and shaped. It is also important to acknowledge that the onus is not just on the copyright practitioners to understand the tools but also on the developers to make them transparent and reliable. Once the models become more transparent, it should be possible to support researchers better. This is even more crucial in supporting text and data mining (TDM) practices—critical in many research areas—to limit further restrictions following the implementation of AI models.

Magic Changes
With so much excitement around AI, we felt we should ask the group to identify the one magic change that would help remove most of the concerns. Interestingly, the consensus was that clarity around the sources and processes used by GenAI models is essential. How do the models come up with their answers and outputs? Is it possible to have clearer information about the sources’ provenance and the way the models are trained, and can this inform how authorship is established? And what criteria should be put in place to ensure the models are controlled and reliable?

This brings the matter back to the need for GenAI models to be regulated—a challenging but necessary magic change that would help us develop our processes and guidance with much more confidence.

Concluding Remarks
While the community of practitioners waits for decisions and regulations that will frame their approach, it is within their power to continue to support copyright literacy, referring to new and exciting GenAI cases. Not only do those add interest, but they also highlight an old truth about copyright, namely, that copyright-related decisions always come with a degree of uncertainty, risk, and awareness of conflicting interests.

About the authors 

Christine Daoutis is the UCL Copyright Support Officer at UCL. Christine provides support, advice and training on copyright as it applies to learning, teaching and research activities, with a focus on open science practices. Resources created by Christine include the UCL Copyright Essentials tutorial and the UCL Copyright and Your Teaching online tutorial.

Alex Fenlon is the Head of Copyright and Licensing within Libraries and Learning Resources at the University of Birmingham. Alex and his team provide advice and guidance on copyright matters, including text, data mining, and AI, to ensure that all law and practice are understood by all.

Erica Levi is the Digital repository and Copyright Lead at Coventry University. Erica has created various resources to increase awareness of copyright law and open access through gamification. Her resources are available on her website.

Get involved!

The UCL Office for Open Science and Scholarship invites you to contribute to the open science and scholarship movement. Join our mailing list, and follow us on X, formerly Twitter and LinkedIn, to be part of the conversation and stay connected for updates, events, and opportunities.

This the second blog post of our collaborative series between the UCL Office for Open Science and Scholarship and the UCL Copyright team. Here, we continue our exploration of important aspects of copyright and its implications for open research and scholarship. In this instalment, we examine Text and Data Mining (TDM) and its impact on research along with the associated copyright considerations.

Image by storyset on Freepik.

The development of advanced computational tools and techniques for analysing large amounts of data has opened up new possibilities for researchers. Text and Data Mining (TDM) is a broad term referring to a range of ‘automated analytical techniques to analyse text and data for patterns, trends, and useful information’ (Intellectual Property Office definition). TDM has many applications in academic research across disciplines (Intellectual Property Office definition). TDM has many applications in academic research across disciplines.

In an academic context, the most common sources of data for TDM include journal articles, books, datasets, images, and websites. TDM involves accessing, analysing, and often reusing (parts of) these materials. As these materials are, by default, protected by copyright, there are limitations around what you can do as part of TDM. In the UK, you may rely on section 29A of the Copyright, Designs and Patents Act, a copyright exception for making copies for text and data analysis for non-commercial research. You must have lawful access to the materials (for example via a UCL subscription or via an open license). However, there are often technological barriers imposed by publishers preventing you from copying large amounts of materials for TDM purposes – measures that you must not try to circumvent. Understanding what you can do with copyright materials, what may be more problematic and where to get support if in doubt, should help you manage these barriers when you use TDM in your research.

The copyright support team works with e-resources, the Library Skills librarians, and the Office for Open Science and Scholarship to support the TDM activities of UCL staff and students. New guidance is available on the copyright website. TDM libguide and addresses questions that often arise during TDM, including:

• Can you copy journal articles, books, images, and other materials? What conditions apply?
• What do you need to consider when sharing the outcomes of a TDM analysis?
• What do publishers and other suppliers of the TDM sources expect you to do?

To learn more about copyright (including how it applies to TDM):

• Visit the new TDM guidance.
• Register for one of our copyright sessions.
• Contact the copyright team if you have specific questions or would like to organise a session for your department.
• The new UCL Copyright Literacy Community aims to bring together staff and students from across UCL to identify and collaborate on areas where an understanding of copyright should be strengthened. If you are interested in joining, please contact the copyright team.

Get involved!

The UCL Office for Open Science and Scholarship invites you to contribute to the open science and scholarship movement. Stay connected for updates, events, and opportunities. Follow us on X, formerly Twitter, LinkedIn, and join our mailing list to be part of the conversation!

Happy Open Access Week 2023!

This year’s theme is ‘community over commercialisation’. It is about adopting research and education practices that place priority on the interests of the public. In the context of scholarly communications, it is about making access to scholarly knowledge open and accessible to diverse communities, in transparent and sustainable ways.

For this to be achieved, the outcomes of academic research and education – research data, preprints, published articles, monographs, educational resources – must be open to access but also open to reuse: free access to an article, an online tutorial or a dataset has great benefits, but the potential for users of these materials to share them with others, adapt, add to and improve upon them is what makes innovation and creativity possible.

Creative Commons (CC licences) support open and reusable research by offering a standardised way in which authors can grant others certain permissions to reuse their works. In this post we highlight some key points about CC licences and discuss how they benefit both creators and users of copyright-protected materials.

What is Creative Commons?

Creative Commons (CC) is “an international non-profit organisation dedicated to helping build and sustain a thriving commons of shared knowledge and culture”. The organisation is active in supporting, educating and advocating for a more open culture; but it is most known for its licences.

How do Creative Commons licences work?

If you are the author of pretty much any creative work – a journal article, an image, a music composition, a website, a book – making your work available under a CC licence helps you:

• As the copyright owner of the work, give ‘blanket’ permission to others to copy and share your work, while requiring that they attribute you as the author.
• Decide what further uses you give blanket permission for. Do you allow others to make adaptations(e.g. to translate your book, adapt a teaching resource for a new audience, or change your artwork)? Do you allow others to reuse for a commercial purpose?
• Decide if you would like to ensure that future adaptations of your work (if you are allowing them) are also made available under the same licence, keeping them as ‘open’ as yours.

Image attribution: Barbara Klute und Jöran Muuß-Merholz für wb-web unter CC BY-SA 3.0. The English version is a translation and enhancement by Jöran Muuß-Merholz under the same license., CC BY-SA 3.0, via Wikimedia Commons

The combination of these criteria: attribution (a requirement for all licences), allowing/not allowing derivatives, allowing/not allowing commercial reuse, and requiring/not requiring sharing under the same licence (‘share-alike) creates a set of six licences creators can choose from.

How do Creative Commons licences support open scholarship and the needs of different communities?

There are numerous examples of how CC licences help free up research and education. CC licences applied to open access articles, conference proceedings, monographs and other scholarly works make it possible for readers of these works around the world – who may include academic researchers, lecturers, students but also health practitioners, innovators, artists and the general public – to benefit from these works and potentially create something new and innovative as a result. CC licences applied to research data enables data to be shared and reused across different organisations and countries. CC licences applied to preprints, study preregistrations and theses ensure openness in research that is not yet formally published. In the same way, particularly through allowing adaptations, CC licences support the development and success of Open Educational Resources (OERs).

Beyond traditional scholarship, CC licences help open up cultural collections and offer opportunities for publishers and the creative industries to adopt new business models that serve their audiences better.

How can I learn more about Creative Commons?

Image attribution: adapted from Martin Missfeldt https://www.bildersuche.org/ CC BY-SA

If you have made it so far in this post, you may have further questions including how to apply a CC licence, how to discover and reuse CC materials, how CC licences work alongside copyright and how they can support commercially sensitive works. Here are a few things you can do:

• Drop-in any time between 12 pm and 2 pm on Teams on Tuesday 24 October, to hear more, ask questions and tell us about your experiences with CC licences. You can join for just a few minutes to ask a question or stay for longer to become a CC expert. Register for the CC licences drop-in session.

• Take our 5-question fun personality quiz to discover which licence you are. You may not learn anything new about yourself, but you will hopefully get even more familiar with how the range of CC licences can be applied in different situations. Your responses will be anonymous.

• Discover more CC activities and news on the Creative Commons blog.

Open Access Week is almost upon us!

Keep your eyes open for a series of blog posts on Creative Commons, citizen science, the recent activities of UCL Press and an exciting review of a year in open access.

This year’s theme is Community over Commercialisation. Creative Commons licences sit at the heart of this discussion. To this end, we invite you to a drop-in session on Tuesday the 24th of October to address questions around creating and using Creative Commons materials. The session is on Teams and you can join at any time. Bring along your questions or just join to discuss how CC supports equitable access to a wide range of works, from scholarly publications to open and FAIR data to images and music.

We have already announced our wonderful winners of the Open Science and Scholarship awards. UCL colleagues can also join us on Wednesday to celebrate and network with the winners, tickets are still available!

We will be posting and tweeting regularly throughout the week about the services and support available to researchers and I hope that we can get some good discussions going!

See you there!

Guest post by Christine Daoutis, Copyright Support Officer

“Can use this image I found free online?”

“I’m not sure how much of a book or an article it’s OK to copy”.

“This is my article; surely I can post it anywhere I want?”

These questions, and quite a few others, often come up in everyday research practice. They are all related to copyright. Whether you are reusing others’ materials (documents, figures, photos, video, software, data) or creating and sharing your own, understanding copyright ensures not only that you can respect others’ rights and stay within the law, but also that you can open up your research.

But understanding copyright is much more than a legal compliance issue. It is also more than an academic integrity issue. In short, it’s not just about following the rules, but also about understanding your own rights and using the rules flexibly. You can use your copyright knowledge as a tool to open up, rather than restrict, your research. For example, relying on copyright exceptions[1], and knowing how to find, reuse and acknowledge openly licensed materials[2], can give you much more freedom in how you can reuse others’ works. Crucially, knowing your rights as authors also allows you to share your research openly and, through licensing, determine how others may reuse it. Open Science practices – open access to publications, open data, open source software and hardware, co-creation projects – rely on an understanding of copyright.

To help you increase your knowledge and confidence around copyright, you can do any of the following:

1. Complete the 3-minute UCL copyright support survey to rate your confidence and tell us what support you need. If you are not sure what you need to know, the survey gives you some ideas to choose from. Currently open until 31 March 2023.
2. Complete the 20-minute Copyright Essentials online module. You will learn the basics at your own pace, using quizzes, short videos and academic-based scenarios.
3. Book a training session delivered the copyright support team. These can be in person or online, and offer you the chance to ask questions.
4. Visit the UCL copyright website for guidance on specific copyright topics.
5. Follow the copyright blog for topical articles and updates.
6. Contact the UCL copyright support team if you have a specific question, or would like to arrange bespoke training.

[1] https://blogs.ucl.ac.uk/copyright/2023/02/24/fair-dealing-week-2023-part-2-three-fair-dealing-exceptions/

[2] https://creativecommons.org/faq/

Guest post by Petra Zahnhausen-Stuber, Open Access Team, UCL Library (LCCOS)

In recent years, ‘Gamification’, the use of game elements in non-gaming settings to improve user experience, has been embraced by Research Support Services at Higher Education Institutes. Research Support Games cover various topics including research data management, copyright and/or open access and address an audience ranging from early career researchers and academics to support staff.

For the organisers of the Research Support Games Days (RSGD), games can be an effective tool to communicate with scholars about often complex concepts. In its third instalment since 2019, this event promotes the use of game-based learning among Research Support Services by presenting games, online tools and platforms that could be beneficial for training purposes. Here it was also highlighted, that most of these games were designed to be played in person. However, the outbreak of the Covid-19 pandemic in 2020 was a catalyst for developing more virtual games as a way of continuing the engagement with researchers when face-to-face training was not possible. Despite any the challenges of creating digital games, their advantage of reaching a wider audience outside the physical environment of research institutions becomes apparent in the following examples of Open Access themed online games.

The Publishing Trap (UK Copyright Literacy), this game about scholarly communication focuses on helping researchers understand the effect of different publishing models, copyright and finances on the dissemination of their research. First launched as a board game in 2017, in response to the pandemic a digital version was created in 2020. In both versions participants form up to 4 teams representing four scholars in different career scenarios and make decisions about how to best publish their research. Retaining most of the original features, the online version uses interactive PowerPoint slides and can be played via any virtual classroom software with a break-out room functionality, so that the element of team discussions from the board game is being replicated.

Open Access Escape Room in action at the 2022 EARMA conference

Similarly, in 2020, the role-playing Open Access Mystery game developed by Katrine Sundsbo uses downloadable slides. It was also designed for online platforms (i.e. Zoom) to allow for immediate verbal interaction between players who are tasked with finding the culprit responsible for a global lockdown of all research. The Open Access Escape Room, also by the same author, was originally created in 2018 as a physical game and digitally adapted in 2020 under the name The Puzzling Hunt for Open Access. Both versions follow the narrative of all research being locked away by a villain and are aimed at academic staff to gain an understanding of the concepts of Open Access. The players have to find clues and solve various Open Access themed puzzles in order to unlock research. Despite not replicating the original escape room format, where participants interact with each other in teams, the online game offers more flexibility as the mixed media-based puzzles can be completed by a single player at their own pace. Like most Research Support Games, all materials are published under a CC BY licence resulting in both versions having been played and adapted further in and outside the UK.

The single-player Open Axis: The Open Access Video Game (UCLA) was always designed for a remote learning environment intending to reach a worldwide audience of graduates and undergraduates. Created in 2020, this “choose your own adventure” can be played in a web browser, is predominantly text based but features classic 8-bit video games. The player chooses between several characters portraying scholars of various backgrounds. Following a non-linear narrative, the player’s decision impact the course of the in-game stories around themes of open access, scholarly publishing and research practices.

Choosing another approach of getting scholars interested in Open Access, the team at Robert Gordon University developed five online puzzles in 2021, including memory, crosswords and a scavenger hunt. Since puzzles can be played quicker than games, it makes them suitable for bite-sized learning during icebreakers or coffee breaks.
These games form by no means an exhaustive list and it is worth delving into the manifold resources of the Research Support Games Day Proceedings (below), where the benefits and challenges involved in taking games online are further explored.

For more information on Research Support Games Days and Gamification:

• Research Support Games Day – Notes (2019)
• Proceedings of the 2nd Research Support Games Day (RSGD #2)
• Proceedings of the 3rd Research Support Games Day (RSGD #3)
• Sebastian Deterding, Miguel Sicart, Lennart Nacke, Kenton O’Hara, and Dan Dixon. 2011. Gamification using game-design elements in non-gaming contexts. In CHI ’11 Extended Abstracts on Human Factors in Computing Systems (CHI EA ’11). Association for Computing Machinery, New York, NY, USA, 2425–2428. 10.1145/1979742.1979575

Adaptions of the “Open Access Escape Room”:

• Virtual Open Science Escape Room
• Escape Room sobre Acceso Abierto. Instrucciones y materiales

Guest post by Thomas Stacey, Open Access Team, UCL Library (LCCOS)

At UCL, students studying for doctoral and research master’s degrees are required to submit an electronic copy of their thesis to the Library for inclusion in UCL Discovery, our open-access repository of UCL research outputs, in order for their degree to be awarded.  The Open Access Team encourages theses to be made openly available, either immediately after award or following the completion of an embargo period. We do, however, recognise that there are a number of reasons why access may need to be restricted, such as future publication, confidentiality, the inclusion of sensitive and/or personal information, and – in the discipline of Art History in particular – the presence of third-party copyrighted images.

I have been thinking about art history theses and whether they could be made open access more easily – and crucially with all the images included where needed.

The University of Cambridge’s ‘Unlocking Research’ blog post written in 2019 by Dr Lorraine de la Verpillière provides a comprehensive background on the issues facing academics within the arts: many are forced to pay to access third-party copyrighted works for private study, and then to pay again later on publish the final research output. Within this blog post, one academic commented “The more successful I become the poorer I get” as the furthering of their career through obtaining copyright for images has cost them over $20,000. Even out-of-copyright artworks are affected, as galleries and museums that own the originals can create their own copyrighted reproductions and restrict others’ ability to do the same.  Bridgeman Images, for example, now owns the rights to all images of artworks in Italian national museums – which can pose a huge financial challenge for many art historians.

A further obstacle for Art History students is that the principle of fair dealing within the Copyright, Designs and Patents Act 1988, which can be used to justify the inclusion of extracts of texts and figures (as part of a wider, previously-published work) in theses, cannot be applied to the reproduction of full artworks, which constitute entire copyrighted works in themselves.

An art history thesis without images understandably compromises the integrity of the work. Unless PhD students use images with Creative Commons licences or which are in the public domain due to being out-of-copyright entirely, they will either have to obtain permissions or redact the images within their thesis accordingly. When processing thesis submissions for UCL PhD students, the Open Access Team will often be required to redact images as part of routine checks prior to any thesis file being made publicly available in UCL Discovery.

It seems there is not a straightforward solution to enable art history theses to be made open access with all images included in the work. Dr De la Verpillière suggests that there could be more support from universities for art history students and academics regarding third-party copyright. Art institutions really need to do more in this respect. Some art institutions have started to make their image collections open access (a selection is given below) so hopefully more will do likewise soon. Even if art institutions provided discounted permissions fees for PhD students needing to use images for example – that is a compromise of sorts to help new academics.

To avoid delays in making theses available in UCL Discovery post-award, or redactions being made to images of artwork that are critical to the overall integrity of the thesis, the Open Access Team also recommends that relevant licence and/or permissions information is included within the thesis file, as part of the Library’s guide to copyright for research students.

Here are some art institutions with open-access image collections:

• Getty Research Institute (see ‘Open Content’)
• Open Image Collections
• Smithsonian Museums:
  • Digital Library
  • Books Online
• Web Gallery of Art
• Wellcome Images (The Wellcome Trust)

Text and Data Mining (TDM) is a broad term used to cover any advanced techniques for computer-based analysis of large quantities of data of all kinds (numbers, text, images etc). It is a crucial tool in many areas of research, including notably Artificial Intelligence (AI). TDM can be used to reveal significant new facts, relationships and insights from the detailed analysis of vast amounts of data in ways which were not previously possible. An example would be mining medical research literature to investigate the underlying causes of health issues and the efficacy of treatments.

The importance of having copyright exceptions in place to facilitate TDM arises from the fact that the swathes of material which need to be mined are often protected by copyright. That would be true for example of “literary works” of all kinds and of images in many cases. It is frequently the case that researchers will have lawful access to the material but will be prevented from applying TDM techniques because copying the material onto the required computer platform risks legal action for infringement on the part of the copyright owners. “Copying” is of course one of the acts restricted by copyright law and in general the greater the amount and variety of material, the greater the copyright risk.

It is worth remembering that when the Government created an exception for Text and Data Mining in 2014, it meant that the UK was ahead of the game. Other countries did not generally have an exception in their legislation at that time. Since then, other jurisdictions have caught up and, in some cases overtaken the UK. Cutting edge research is a highly competitive area and researchers working in a country which benefits from a generous TDM exception will have a distinct advantage.

The existing exception is still significant from the Open Science perspective in enabling research projects where computer analysis of large quantities of copyright-protected material is required, particularly in the context of AI.

Let’s take a closer look at the UK TDM exception and what it allows us to do, before comparing it briefly with the more recent EU exceptions. The UK exception is to be found in Section 29A of the Copyright, Designs and Patents Act 1988.

What does the exception allow us to do?

Copying copyright-protected works in order to carry out “text and data analysis” (“computational analysis” in the wording of the exception). The need to copy arises because researchers must have have the material to be analysed on a specific platform, to carry out the analysis. The need for the exception then arises because without it, the researcher would require permission from the owner of copyright in each item. Without permission (or an exception), the researchers would be infringing copyright by copying a vast swathe of protected material. That in turn would often make the research impractical to carry out.

Who may do this?

Absolutely anyone, the exception says “a person.” This is wonderfully broad and one of the more favourable aspects of the UK exception. For example you don’t need to be working for/ studying at a particular type of institution to benefit from the exception.

Are there conditions?

You must have lawful access to the material. A prime example would be the text of academic journals. We have lawful access to large numbers of e-journals because UCL Library subscribes to them. The exception would allow a UCL researcher to download large amounts of content from e-journals to carry out detailed analysis using specialised tools. It is important to note that the exception cannot be overridden by contract terms. It follows that a term in an e-journal contract seeking to prevent TDM would have no force, in circumstances where the exception applies. This makes the exception a much more useful tool than it would otherwise be.

As you might expect the copies made for TDM purposes may not be used for other purposes, shared etc under the exception.

Significantly, the analysis must be “…for the sole purpose of research for a non commercial purpose.” This is a major restriction, which would rule out many situations where TDM might be used, for example research by a pharmaceutical company developing new drugs which will be marketed commercially. A major issue with the exception is that it can be unclear at what point “non-commercial” shades into “commercial.” A project which starts out as academic research may take on commercial significance down the line and a piece of research with no commercial aspects may be funded by commercial sponsors. It is an important constraint in the legislation which can also be difficult to be sure about in real life situations. It can stand in the way of joint projects by HEIs and commercial organisations.

Still, in situations where we can claim there is no commercial aspect to the research, the exception is potentially very useful. In addition to material which is already digital it can cover projects where digitisation of copyright- protected print material is required to be analysed. It can be very useful in situations where the copyright status of the source material is unclear, since provided the exception applies, there is no need to investigate further the complexities of copyright in the material.

The new EU TDM exception or rather exceptions

The EU Directive on Copyright in the Digital Single Market (DSM Directive) offers two new exceptions, which EM member states are obliged to transpose. They can be found in Articles 3 and 4 of the Directive.

There are important differences of approach to the UK in the answer to the question:  who may carry out the TDM? Article 3 provides an exception which benefits two defined categories of organisations: “Research organisations” and “Cultural heritage organisations.” Included within those groups are for example universities, museums, publicly funded libraries. Commercial organisations are excluded. It seems that independent researchers, not associated with an organisation would also be excluded, even though their research might be “non-commercial.” In common with the UK legislation, this exception cannot be overridden by contract terms and is therefore a powerful tool. The Directive addresses the question of public-private research collaborations in the recitals to the directive, e.g. recital 11. They are not excluded from benefitting from the Article 3 exception.

Article 4 offers a separate TDM exception which is available to anyone (including commercial organisations) but which is limited in a specific way: If the rights owners explicitly reserve the rights to carry out TDM within their works, then it cannot be mined under the exception. In other words, the EU DSM Directive goes one step further than the UK by offering an exception which can be used to mine lawfully accessible works by commercial organisations (or by anyone else), but it does not apply if the rights owner has explicitly ruled out TDM.  By contrast, commercial organisations would not be able to use the UK exception, unless they can claim the specific research is for a non-commercial purpose.

Guest post by Chris Holland, UCL Copyright Support Officer. For more information or advice contact: copyright@ucl.ac.uk

On Monday 17th May, we brought together three experts for an in depth look at the impact that Brexit has already had on copyright in the UK and what could be coming next.

Catherine Stihler (CEO Creative Commons), Ben White (Researcher, Centre for Intellectual Property Policy and Management, Bournemouth University) and Dr Emily Hudson (Reader in Law, King’s College London) all brought their own distinct backgrounds and experiences to bear on this topic for a truly interesting discussion.

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