With the introduction at the federal level of both the Fair Access to Science and Technology Research Act (FASTR) and the White House public access directive, several states have begun to think about supporting public access to publicly funded research. Like the proposed federal legislation and White House policy, the state-level bills aim to support the notion that the taxpaying public should have access to the research it funds. The Illinois legislation is particularly interesting in that it has included a reuse rights provision whereby the articles developed as a result of state funds would be shared under an open license such as CC BY.
Notwithstanding any other law, each state agency that provides funding in the form of a research grant to a grantee for direct research shall develop a public access policy that shall do the following:
(1) Include a requirement that electronic versions of the author’s final manuscripts, or a link to an electronic version of the author’s final manuscript in an open access digital repository of original research papers that have been accepted for publication in peer-reviewed journals and result from research supported from state agency funding, be submitted to the funding state agency and the California State Library.
(2) Provide free online public access to such final peer-reviewed manuscripts or published versions as soon as practicable, but not later than six months after publication in peer-reviewed journals. […]
Each agency that provides funding for direct research shall develop a public access policy that shall:
(i) Include a requirement that electronic versions of the author’s final manuscripts of original research papers that have been accepted for publication in peer-reviewed journals and result from research supported from funding by the state of New York, be submitted to such funding agency;
(ii) Provide free online public access to such final peer-reviewed manuscripts or published versions as soon as practicable but not later than six months after publication in peer-reviewed journals; […]
(a) No later than 12 months after the effective date of this Act, each public institution of higher education shall develop an open access to research articles policy.
(b) All public institutions of higher education shall develop policies that provide for the following:
(1) the submission, by all faculty employed by the public institution of higher education, to the employing institution (or to an institution designated by the employing institution) of an electronic version of the author’s final manuscript of original research papers upon acceptance by a scholarly research journal, including peer-reviewed journals and related publications used by researchers to disseminate the results of their institution-affiliated research; […]
(4) free online public access to the final peer-reviewed manuscripts or published versions immediately upon publication in a peer-reviewed journal;
(5) an irrevocable, worldwide copyright license granted by the author to the public that permits any use of an article on condition that the author and original publisher are attributed as such and that any such attribution is not made in a way that implies endorsement of the use by the author or original publisher. […]
New York state seal is in the public domain.
Illinois state seal is in the public domain.Comments Off on U.S. States considering public access policies
For those of you in the NY area in October, the New York City Bar has a thought provoking panel discussion coming up on fair use in the era of blogging, Twitter, and Facebook. The panel members hail from the U.S. District Court, the Associated Press, and Harvard’s Berkman Center for Internet and Society, to name a few. And in the spirit of this topic, I’m going to quote from the site now,
“This panel discussion will address the ways in which copyright law’s fair use doctrine has evolved (or may be tested) in an era in which the rise of news aggregation, social networking, and a variety of other websites increasingly allow internet users to combine and transform content from endless sources of media. How transformative are on-line montages and mash-ups? Is the aggregation of headlines or content from news providers infringement or fair use? Does posting copyrighted content on a user’s Facebook or Myspace page undermine the market for that content? When does a blogger’s summary of an article appropriate enough content to constitute copyright infringement? Panelists will offer a broad range of perspectives on these an other issues from the bench, bar, media industry, and legal academy.”
The discussion will be held on Wednesday, October 7 at 6pm, so be sure to register (for free) and drop by.Comments Off on Clicking “Refresh”: A New Look at Fair Use in the Digital Age
If you are in New York on Thursday this week, you are invited to a panel I’ve helped organize with our friends at Eyebeam on fair use and creators. I’ll also be moderating the panel and giving a brief primer on fair use:
This Thursday, July 9, 6–8PM at Eyebeam, there will be a panel discussion on fair-use and appropriation within activist and creative practice moderated by Creative Commons product manager and Eyebeam research associate Fred Benenson; artist/curator Mark Tribe, audio-visual remix artist Jonny Wilson (Eclectic Method), Postmasters gallery director Magdalena Sawon, and Eyebeam resident Jon Cohrs.
If you’re reading the Creative Commons blog, chances are you’re aware of the fact that the United States federal government is not entitled to copyright protection for their works. If you didn’t know this, check out the Wikipedia article on the subject, or some of our past blog posts on the subject. This means that federal works are essentially in the public domain.
What you may not know is that works of American states, in contrast to works of the federal government, are actually entitled to copyright protection under U.S. law. This creates the very awkward consequence of states automatically holding copyright in the very state laws, rules and court decisions that bind their citizens, not to mention other types of content created by its employees who are paid from public coffers filled in part by their taxpayers. CC is not alone (check out legendary archivist Carl Malamud and his public.resource.org project for more info) in believing that all such works should belong to the public and reside in the public domain.
Needless to say, we think this is an enormous opportunity for proper application of our legal tools to free up state works.
This is why its exciting to see the New York State Senate adopt a Creative Commons License for the content on their website. The photos and text of NYSenate.gov are now available under a Creative Commons Attribution-NonCommercial-NoDerivatives license, and 3rd party content, such as comments and user submitted photos are available under our Attribution license. Furthermore, the Senate has used our CC+ protocol to allow all other uses (even commercial ones and non-attribution ones) of the content so long as it is not for political fund raising purposes. In other words, if you’re not doing political fund raising you’re allowed to do whatever you want with the content.
While this is a somewhat novel approach to using our licenses, and indeed grants citizens rights to works they don’t currently have, it is only the first step. In the future, CC would love to see more states pushing their work into the public domain (and their policies into synchronicity with those of the federal government), for example by using our public domain waiver, CC0.2 Comments »