We are approaching the end of International Open Access Week, and we have been enjoying a series of interesting insights and discussions across UCL!  Earlier this week, we explored the balance between collaboration and commercialisation, highlighted the important work of Citizen Science initiatives and the growing significance of open access textbooks.

Today, Christine Daoutis, UCL Copyright Support Officer, will build on our ongoing series about copyright and open science, focusing on how we can ensure free and open access to knowledge in the age of AI, by addressing copyright challenges, advocating for rights retention policies, and discussing secondary publication rights that benefit both researchers and the public.

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Open Access Week 2024 builds on last year’s theme, Community over Commercialisation, aiming not only to continue discussions but to take meaningful action that prioritises the interests of the scholarly community and the public. This post focuses on copyright-related issues that, when addressed by both individual researchers and through institutional, funder, and legal reforms, can help create more sustainable and equitable access to knowledge.

Retaining author rights

Broadly speaking, rights retention means that authors of scholarly publications avoid the traditional practice of signing away their rights to publishers, typically done through a copyright transfer agreement or exclusive licence. Instead, as an author, you retain at least some rights that allow you to share and reuse your own research as openly as possible. For example, you could post your work in an open access repository, share it on academic networks, reuse it in your teaching, and incorporate it into other works like your thesis.

Many funders and institutions have specific rights retention policies that address related legal issues. If such a policy applies, and publishers are informed in advance, authors typically need to retain rights and apply an open licence (usually CC BY) to the accepted manuscript at the point of submission.

Rights retention ensures that your research can be made open access without relying on unsustainable pay-to-publish models, and without facing delays or restrictions from publishers’ web posting policies. Importantly, rights retention is not limited to published research—it can be applied to preprints, data, protocols, and other outputs throughout the research process.

Secondary Publication Rights (SPRs)

Secondary publication rights (SPRs) refer to legislation that allows publicly funded research to be published in an open access repository or elsewhere, at the same time as its primary publication in academic journals. Some European countries already have SPRs, as highlighted by the Knowledge Rights 21 study conducted by LIBER, and LIBER advocates for #ZeroEmbargo on publicly funded scientific publications. There are ongoing calls to harmonise and optimise these rights across countries, ensuring that the version of record becomes immediately available upon publication, overriding contractual restrictions imposed by publishers.

SPRs can apply to different types of research output and are meant to complement rights retention policies. However, introducing SPRs depends on copyright reform, which is not an action individual researchers can take themselves, though it’s still useful to be aware of developments in this area.

Artificial Intelligence and your rights

The rise of Generative AI (GenAI) has introduced broader issues affecting researchers, both as users and as authors of copyrighted works. These include:

• Clauses in subscription agreements that seek to prevent researchers from using resources their institution has subscribed to for AI-related purposes.
• Publishers forming agreements with AI companies to share content from journal articles and books for AI training purposes, often without clear communication to authors. A recent deal between Taylor & Francis and Microsoft for $10 million has raised concerns among scholars about how their research will be used by AI tools. In some cases, authors are given the option to opt in, as seen with Cambridge Press.
• For works already licensed for reuse, such as articles under a CC BY licence or those used under copyright exceptions, questions arise about how the work will be reused, for what purposes, and how it will be attributed.

While including published research in AI training should help improve the accuracy of models and reduce bias, researchers should have enough information to understand and decide how their work is reused. Creative Commons is exploring ‘preference signals’ for authors of CC-licensed works to address this issue.

The key issue is that transferring your copyright or exclusive rights to a publisher restricts what you can do with your own work and allows the publisher to reuse your work in ways beyond your control, including training AI models.

Using Copyright exceptions in research

UK copyright law includes exceptions (known as ‘permitted acts’) for non-commercial research, private study, criticism, review, quotation, and illustration for instruction. As a researcher, you can rely on these exceptions as long as your use qualifies as ‘fair dealing’, as previously discussed in a blog post during Fair Dealing Week. Text and data mining for non-commercial research is also covered by an exception, allowing researchers to download and analyse large amounts of data to which they have lawful access.

Relying on copyright exceptions involves evaluating your purpose and, for some exceptions, making a decision around what is ‘fair’. This also involves some assessment of risk. Understanding copyright exceptions helps you exercise your rights as users of knowledge and make confident assessments as to whether and when a copyright exception is likely to apply, and when permission is necessary. [see links for UK legislation at the end of this article]

Engage with copyright at UCL

The conversations sparked during Open Access Week continue throughout the year at UCL as part of ongoing copyright support and education. To engage further with these issues, you can:

• Add your voice to how copyright literacy is shaped at UCL. Provide feedback on the draft UCL copyright literacy strategy and consider joining the new UCL copyright literacy community.
• Attend a copyright training session or email copyright@ucl.ac.uk to arrange a bespoke session. The newly introduced ‘Copyright, Open Science and Creativity’ game is a fun way of engaging with current debates and learning about recent developments. More dates for this will be released soon.
• Follow copyright news on the Open@UCL blog and the Copyright blog.

Useful Legislation

• Copyright, Designs and Patents Act 1988, Section 29: Research and Private Study
• Copyright, Designs and Patents Act 1988, Section 29A: Text and Data Mining for Non-Commercial Research
• Copyright, Designs and Patents Act 1988, Section 30: Text and Data Mining
• Copyright, Designs and Patents Act 1988, Section 32: Copying for non-commercial research

When Plan S was announced 18 months ago, requiring all publications from participating funders to be made open access from 2021, a new term – transformative agreement – entered the open access lexicon. The idea is to transform or transition journal publishing away from subscriptions towards full open access.

The Wellcome open access policy from 2021, and Plan S, allow authors to publish in three different types of journal. After their consultation on a new policy finishes, the UK Research Councils (UKRI) might well say something similar. Here are the three routes:

1. Fully open access journals. All papers in these journals are published open access, often for a fee. Examples are the PLOS and BMC journals, Nature Communications, Scientific Reports, SageOpen, Wellcome Open Research, and UCL’s own UCL Open: Environment and UCL Child Health Open Research.
2. Journals that aren’t open access, but that allow authors to make their manuscripts open access in a repository like UCL Discovery, on publication, under the CC BY licence. Royal Society journals are an example.
3. Journals that are part of transformative agreements, or are themselves transformative journals, until 2024.

Most publishers still don’t allow immediate open access in a repository, and most that do don’t allow CC BY. Transformative agreements are increasing, though.

Jisc, which negotiates our subscription agreements, has some complex criteria for transformative agreements. Publishers must offer 100% UK open access publishing that’s affordable, sustainable and transparent. Large commercial publishers, as well as society publishers like Microbiology Society and Electrochemical Society, all have agreements.

What does this mean for me?

UCL is trialling lots of transformative agreements this year. These include our long-standing SpringerCompact, RSC and IOP agreements, smaller offers from Brill, Thieme, European Respiratory Journal and the societies we’ve already mentioned, and larger agreements with Wiley and Sage.

These agreements are restricted to UCL corresponding authors. Make sure you give your UCL e-mail address and affiliation when you submit to a journal; you should be recognised as eligible if we have a transformative agreement. See our step-by-step guide to open access funding for more information both about these agreements and about other open access funding arrangements.

Contact us if you’d like to arrange a virtual department visit from us to discuss these agreements.