This blog post was written by Teresa Sempere García, CC’s Community Support Intern June-August, 2013. The cycle graphics below were designed by Timothy Vollmer and Teresa Sempere García.
The current system for public access to research articles and educational materials is broken: ownership is often unclear, and the reuse of knowledge is limited by policies that do not maximize the impact of public funding. The following graphics will try to simplify and compare two alternative funding cycles for research publications and educational resources that emphasize the positive impacts of open policies on publicly-funded grants. More information and links to a current directory of current and proposed OER open policies can be found in the OER Policy Registry on the Creative Commons Wiki.
Cycles for Research Articles
The existing system for producing and distributing publicly funded research articles is expensive and doesn’t take advantage of the possibilities of innovations like open licensing. Without a free-flowing system, access to the results of scientific research is limited to institutions that are able to commit to hefty journal subscriptions — paid for year after year — which don’t allow for broad redistribution, or repurposing for activities such as text and data mining without additional permissions from the rightsholder. This closed system limits the impact on the scientific and scholarly community and progress is slowed significantly.
A Closed Research Model
When funding cycles for research include open license requirements for publications, increased access and opportunities for reuse extends the value of research funding. As an example, the US National Institutes of Health (NIH) Public Access Policy requires the published results of all NIH-funded research to be deposited in PubMed Central’s repository, the peer-reviewed manuscript immediately, and the final journal article within twelve months of publication. Similarly, the recent directive issued by the White House Office of Science and Technology Policy mandates that federal agencies with more than $100 million in research expenditures must make the results of their research publicly available within one year of publication, and better manage the resultant data supporting their results. These policies utilize aspects of the optimized cycle below, and are a step in the right direction for making better use of public funding for research articles.
An Open Research Model
Cycles for Educational Resources
The incumbent system for developing and sharing publicly funded educational resources doesn’t guarantee materials are accessible and reusable by the public that paid for their creation.
A Closed Education Model
If policies are put in place that mandate open licenses on publicly funded educational resources, knowledge can flow more freely because the public is clear about how they may reuse educational content, and the funders can realize a more impactful return on their investments. An example of better use of public funding for the production of educational resources, the US DOL TAACCCT Program mandates that all content created or modified using grant funds are openly-licensed (CC BY) and deposited in a public repository upon completion of the project. Being conducted in four waves, the TAACCCT program is making better use of a large (US$2 billion) investment of US taxpayer money by ensuring the public will have access the educational resources created during the four-year term, and is able to reuse and adapt them beyond what automatic copyright allows. The following graphic demonstrates an open funding model, with licensing and access recommendations to remove barriers to sharing and help speed access and reuse of publicly funded educational content.
An Open Education Model
Open policy — specifically, the idea that publicly funded materials should be openly licensed materials — is a sensible solution that ensures the public’s right to reuse the materials it paid for, and improves the efficiency of government grant funding. Open licensing is a sensible requirement for publicly funded grant programs.6 Comments »
Today the University of California (UC) Academic Senate announced the adoption of a system-wide open access policy for future research articles generated by UC faculty. The articles will be made publicly available for free via UC’s eScholarship repository.
According to the press release, the University of California open access policy will cover 8,000 faculty who author approximately 40,000 articles each year. From the UC statement:
By granting a license to the University of California prior to any contractual arrangement with publishers, faculty members can now make their research widely and publicly available, re-use it for various purposes, or modify it for future research publications. Previously, publishers had sole control of the distribution of these articles.
It appears that authors will have the option of depositing their articles under open licenses, such as Creative Commons licenses. The FAQ says,
Uses of the article are governed by the copyright license under which it is distributed, and faculty authors choose which license to use at the point of deposit. Faculty members may choose to restrict commercial re-use by choosing a Creative Commons license with a “Non Commercial” (NC) restriction when they deposit their article; or they may choose to allow it by choosing a license like the “Attribution only” license (CC BY). If no license is specified, a non-commercial license will be used by default.
The UC policy builds on existing open access policies in California, such as the one at UCSF. Here’s a link the full text of the policy. Congratulations to UC for passing this policy, and we hope that faculty will embrace sharing research articles under open licenses.Comments Off on University of California adopts system-wide open access policy
Last week the Association of American Universities (AAU), Association of Public and Land-grant Universities (APLU), and the Association of Research Libraries (ARL) released a draft plan on how they’d support public access to federally funded research aligned with the February 22 White House public access directive. The SHared Access Research Ecosystem, or SHARE, is a plan that would draw upon existing university infrastructure in order to ensure public access to publicly funded research. SHARE works through a federated system of university repositories. Participating universities would adopt a common set of metadata fields for publicly funded research articles. The metadata will communicate specific information so the article may be easily discovered through common search engines. Minimum metadata will include author name, title, journal, abstract, and award number. The university-focused SHARE plan was announced in the same week as CHORUS, an effort championed by a coalition of commercial publishers.
In order to promote broad access and reuse of publicly funded research outputs, the SHARE proposal says that federal agencies need to be granted permissions that enable them to make the deposit system work. Therefore, universities and principal investigators need to retain sufficient rights to in turn grant those permissions (access, reuse, archiving) to the federal agencies. From the plan:
Copyright licenses to allow public access uses of publications resulting from federal awards need to be awarded on a non-exclusive basis to the funding agency responsible for deposit in order for that system of public deposit to work […] Federal funding agencies need to receive sufficient copyright licenses to peer-reviewed scholarly publications (either final accepted manuscripts or preferably final published articles) resulting from their grants to enable them to carry out their roles in the national public access scheme. Such licenses would enable the placement of peer-reviewed content in publicly accessible repositories capable of preservation, discovery, sharing, and machine-based services such as text mining, once an embargo has expired.
The need for universities and researchers to maintain rights to make their research available under open licenses is aligned with the recommendations that Creative Commons made to the federal government in our testimony during the public hearings at the National Academies. In our comments, we urged agencies to allow authors to deposit articles immediately in a repository under a worldwide, royalty-free copyright license that allows the research to be used for any purpose as long as attribution is given to the authors. By making it possible for authors to make their research articles available immediately as open access, federal agencies will be clarifying reuse rights so the downstream users know the legal rights and responsibilities in using that research. This would include important reuse permissions noted in the SHARE proposal.
We also suggested that federal agencies require that authors deposit their manuscripts into a public repository immediately upon publication in a peer reviewed journal. This is also in line with the SHARE plan. If an embargo is present, the SHARE repository will link to the commercial publisher’s website. And once the embargo period expires, the repository would be able to “flip on” access to the article which would then made available under the open license.
The SHARE proposal also notes, “licensing arrangements should ensure that no single entity or group secures exclusive rights to publications resulting from federally funded research.” It is important that universities and scholarly authors properly manage copyrights from the get-go in order to make sure that the final manuscript is made publicly available under the requirements set out by the White House public access directive. This important consideration has been widely discussed at the federal level when the NIH Public Access Policy went into effect. In addition, universities have passed open access policies that reserve the legal rights to archive research conducted by their faculty. And author-level copyright tools have proved to be useful for faculty to preserve some rights to the articles to which they submit to commercial publishers.Comments Off on University proposal supports U.S. public access directive
After passing through the Assembly Appropriations Committee last week (with bipartisan support), California’s Taxpayer Access to Publicly Funded Research Act (AB 609) will now reach the Assembly floor for a vote this week. If the proposed bill passes the Assembly, it will move to the California State Senate.
To recap, AB 609 would require that the final peer-reviewed manuscript of research funded through California tax dollars be made publicly available within 12 months of publication. If passed, AB 609 would be the first state-level bill requiring free public access to publicly funded research.
The Association of American Publishes attempted to scuttle the bill by sending a letter filled with inaccurate, misleading information. However, public access advocates made their voices heard to appropriations committee members, again correcting the FUD spread by entrenched publishing interests.
If you’re a California resident, you can contact your Assembly member now to ask that they support AB 609.Comments Off on California public access bill moves to Assembly floor vote
As we mentioned last week, California has introduced AB 609, the California Taxpayer Access to Publicly Funded Research Act. The bill, sponsored by Assembly Member Brian Nestande, would require that research articles funded through California tax dollars be made available online for free no later than 12 months after publication in a peer-reviewed journal. A letter from the University of California may have prompted the Assembly to modify the text of the draft bill to extend the embargo to 12 months (instead of six), and to include a provision exempting the University of California and California State University from the state agencies that must comply with the legislation, if enacted.
A group of organizations (including Creative Commons) sent a letter to Assembly Member Nestande thanking him for introducing the bill. The letter urged the Assembly to considering strengthening the proposed law by including reuse rights language, such as through the adoption of open licenses:
We encourage you to consider strengthening this legislation by including a provision to ensure that manuscripts reporting on state-funded research be made fully usable by the public. To fully unlock the value of the information contained in these digital articles, they should be made available in formats and under licensing terms that permit users to read, downloaded, search, compute on, data mine or analyze for any lawful purpose.
It also asked for the original 6 month embargo to be reinstated:
Additionally, while we would strongly prefer that these articles be made available to the public immediately upon publication, we would support the inclusion of an embargo period as originally proposed of no longer than six months.
A hearing in the Committee on Accountability and Administrative Review is scheduled for May 1 in Sacramento.Comments Off on California Pushes for Public Access to Taxpayer Funded Research
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
Creative Commons congratulates all those who participated in the second annual Open Education Week March 11-15, 2013. It’s impressive to see how global open education has become with contributors from over 30 different countries showcasing their work and more than 20,000 people from over 130 countries visiting the Open Education Week website during the week. Open Education Week featured over 60 webinars open to participation from anyone and numerous local events and workshops around the world.
We thought we’d highlight a few Creative Commons global affiliate events from Open Education Week and share a list of urls for Open Education Week webinar recordings the Open Courseware Consortium has published.
The Creative Commons China Mainland team successfully held an Open Education Forum on the afternoon of March 16th at Renmin University of China, Beijing. One highlight of this salon worth special attention is the Toyhouse team from Tsinghua University led by Prof. Benjamin Koo, and their recent project eXtreme Learning Process (XLP). This team is a inspiring example of innovative learning, and a user of CC licenses and OER.
Tobias Schonwetter, Creative Commons regional coordinator for Africa gave an Open Education for Africa presentation explaining why Creative Commons is so important for Open Educational Resources.
The School of Open launched with:
- 17 courses, including 4 facilitated courses and 13 stand-alone courses (for participants to take at their own pace).
- ~15 course organizers, affiliated with several organizations/initiatives, including: the National Copyright Office of Australia; University of Michigan’s Open.Michigan; Kennisland/CC Netherlands; Communicate OER, a Wikipedia initiative; Open Video Forum (xm:lab, Academy of Fine Arts Saar); Jamlab (a high school mentorship program in Kenya); Wikimedia Germany and CC Germany
These are just the tip of the rich global discourse that took place during Open Education Week. All webinars during Open Education Week were recorded, with links listed below. You can also view the videos directly on the Open Education Week YouTube channel and on the Open Education Week website, under events and webinars.
Monday, March 11
· Building Research Profile and Culture with Open Access
· Learners orchestrating their own learning
· Learning Innovations and Learning Quality: The future of open education and
free digital resources
· Näin käytät ja teet avoimia sisältöjä /How to use and create open content
· New global open educational trends: policy, learning design and mobile
· The multiple facets of Openness in #udsnf12
· Licencias Creative Commons para recursos educativos, ¿que son? ¿como usarlas?
· Designing OER with Diversity In Mind
· وسائل تعليمية تشاركية : تطوير الوسائل التعليمية تشاركيًا باستخدام أداة الابتكار ومنصة سكراتش البرمجية
· Driving Adoptions of OER Through Communities of Practice
· Khan Academy: Personalized learning experiences
· Good practices on open content licensing
Tuesday, March 12
· OCW in the European Higher Education Context: How to make use of its full
potential for virtual mobility
· OLDS MOOC Grand finale (final convergence session)
· Äidinkielestä riippumaton suomen kielen opetus
· Opening Up Education
· CourseSites by Blackboard: A Free, Hosted, Scalable Platform for Open
· Xpert Search Engine and the Xpert Image Attribution Service
· Capacitación para la educación abierta: OportUnidad en Latinoamérica
· Language learning independent of mother language
· Interactive Learning with Wolfram Technologies
· Collaborative Boldly Confronts Licensing Issues
· Buenas prácticas en el uso de licencias para contenidos abiertos
Wednesday, March 13
· The interaction, co-construction and sharing of Netease Open Courses
· Who is using your OCW site?
· Políticas nacionales de Acceso Abierto en Argentina
· Open Policy Network: seeking community input
· OER Commons Green: A Unique Lens on Open Environmental Education
· Creative Commons 4.0 Licenses: What's New for Education?
· How Community Colleges are Innovating with Open Educational Resources
· P2PU: A Showcase of Open Peer Learning
Thursday, March 14
· Open Access policy development at the University of Pretoria: the why, what
· What you can learn from the UKOER experience
· Why Open Access is Right for the World Bank
· What's behind Open Education? A philosophical insight
· Utilizing OER to Create a Pathway Towards an Affordable Degree
· Toolkit Working Group: Tools to help users discover the content they need (1)
· Learning toys for free: Collaborative educational tools development using
MakeyMakey and SCRATCH platforms
· Teach Syria: The Impact of Teaching Global to Today's Youth
· Re-Creative Commons
· Validating the Learning Obtained through Open Educational Resources
· OER and Alternative Certification Models: An Analysis Framework
· The Open Educational Resources in Brazil as an Instrument to Get Access to
Qualification, The Government Role at OERs Creation & FGV and
São Paulo State Case Studies
Friday, March 15
· Open Education for Africa
· National policies of Open Access to scientific outputs in Argentina
· Re-thinking Developmental Education: Creating a STEM Bridge in the National
· Toolkit Working Group: Tools to aid and encourage use of OERs in teaching
· Crowd-sourced Open Courseware Authoring with SlideWiki.org
· Using OER to reduce student cost and increase student learning
· What's next? An open discussion about open education
· OpenStax College Textbooks: Remixable by Design
· An OER Editor for the Rest of Us
Kudos to the OCW Consortium for organizing this event. We look forward to next years.Comments Off on Open Education Around the World – A 2013 Open Education Week Summary
The Library of Congress / No known copyright restrictions
Sign up for these facilitated courses
this week (sign-up will remain open through Sunday, March 17). These courses will start the week of March 18 (next week!). To sign up, simply click the “Start Course” button under the course’s menu navigation on the left.
- Copyright 4 Educators (US) – Sign up if you’re an educator who wants to learn about US copyright law in the education context.
- Copyright 4 Educators (AUS) – Sign up if you’re an educator who wants to learn about Australian copyright, statutory licenses and open educational resources (OER).
- Creative Commons for K-12 Educators – Sign up if you’re a K-12 educator (anywhere in the world) who wants to learn how to find and adapt free, useful resources for your classroom, and incorporate activities that teach your students digital world skills.
- Writing Wikipedia Articles: The Basics and Beyond – Sign up if you want to learn how to edit Wikipedia or improve your editing skills — especially if you are interested in and knowledgeable about open educational resources (OER) (however, no background in this area is required).
All other courses are now ready for you to take
at any time, with or without your peers. They include:
- Get a CC license. Put it on your website – This course is exactly what the title says: it will help you with the steps of getting a CC license and putting it on your work. It’s tailored to websites, although the same steps apply to most other works.
- Open Science: An Introduction – This course is a collaborative learning environment meant to introduce the idea of Open Science to young scientists, academics, and makers of all kinds. Open Science is a tricky thing to define, but we’ve designed this course to share what we know about it, working as a community to make this open resource better.
- Open data for GLAMs (Galleries, Libraries, Archives, Museums) – This course is for professionals in cultural institutions who are interested in opening up their data as open culture data. It will guide you through the different steps towards open data and provide you with extensive background information on how to handle copyright and other possible issues.
- Intro to Openness in Education – This is an introductory course exploring the history and impacts of openness in education. The main goal of the course is to give you a broad but shallow grounding in the primary areas of work in the field of open education.
- A Look at Open Video – This course will give you a quick overview of some of the issues, tools and areas of interest in the area of open video. It is aimed at students interested in developing software, video journalists, editors and all users of video who want to take their knowledge further.
- Contributing to Wikimedia Commons – A sister project of Wikipedia, Wikimedia Commons is a repository of openly licensed images that people all over the world use and contribute to. This challenge gets you acquainted with uploading your works to the commons.
- Open Detective – This course will help you explore the scale of open to non-open content and how to tell the difference.
And more… check out all the courses at http://schoolofopen.org/.
Join a launch event this week
- P2PU: A Showcase of Open Peer Learning (Wednesday, March 13) – Join this webinar to see a showcase of some of P2PU’s best learning groups spanning topics from education to open content to programming to Spanish and more, and learn how you can participate.
- Open Video Sudan (all week, March 10-17) – Join the Open Video Forum in improving “A Look at Open Video” and creating new courses and resources on open video in Sudan.
And more events as part of Open Education Week at http://www.openeducationweek.org/events-webinars/.
Spread the word
Just do these 3 things and call it a day.
- 1. Tweet this:
#SchoolofOpen has launched! Take free courses on #copyright, #OER, #openscience & more: http://creativecommons.org/?p=37179
- 2. Blog and email this:
The School of Open has launched! Take a free online course on copyright, CC licenses, Wikipedia, open science, open culture, open video formats, and more at http://schoolofopen.org/. Especially check out this course: [link to course of your choice here]. Read more about the launch at http://creativecommons.org/weblog/entry/37179.
- 3. Print out a copy of this pdf and pin it to the bulletin board at your work, school, or local coffee shop.
Today marks an historic step forward for public access to publicly funded research in the United States. The Fair Access to Science and Technology Research Act (FASTR) was introduced in both the House of Representatives and the Senate. FASTR requires federal agencies with annual extramural research budgets of $100 million or more to provide the public with online access to the research articles stemming from that funded research no later than six months after publication in a peer-reviewed journal.
If passed, the legislation would extend the current NIH Public Access Policy (with a shorter embargo) to other US federal agencies, such as the Department of Agriculture, Department of Energy, NASA, the National Science Foundation, and others.
The bill text is available here. The legislation was introduced with bi-partisan support in both the House and Senate. Sponsors include Sens. Cornyn (R-TX) and Wyden (D-OR), and Reps. Doyle (D-PA), Yoder (R-KS), and Lofgren (D-CA).
Creative Commons has supported policies aligned with the practice of making taxpayer funded research available free online and ideally under an open license that communicates broad downstream use rights, such as CC BY. While FASTR – like the NIH Public Access Policy before it – does not directly require the application of open licenses to the scientific research outputs funded with federal tax dollars, it represents a key next step toward increasing the usefulness of public access to research.
Specifically, FASTR includes provisions that move the ball down the field toward better communicating reuse rights. Peter Suber notes,
- FASTR includes a new “finding” in its preamble (2.3): “the United States has a substantial interest in maximizing the impact and utility of the research it funds by enabling a wide range of reuses of the peer-reviewed literature that reports the results of such research, including by enabling computational analysis by state-of-the-art technologies.”
- FASTR includes a formatting and licensing provision (4.b.5): the versions deposited in repositories and made OA shall be distributed “in formats and under terms that enable productive reuse, including computational analysis by state-of-the-art technologies.”
In addition to making articles free to access and read after a six-month publishing embargo, these new provisions make a significant impact in pushing federal agencies to ensure that the research they fund is available and useful for new research techniques like text/data mining.
SPARC has issued an action alert, and there are several specific things you can do to support of FASTR. Today marks the 11th anniversary of the Budapest Open Access Initiative, and you can voice your support that the public needs and deserves access to the research it paid for and upon which scientific advancement and education depends.2 Comments »
In the UK, the House of Commons has asked for feedback on their Open Access Policy. One provision of that policy requires that articles funded through the Research Councils UK (RCUK) must be released under a CC BY license. Last year, CC submitted a short comment in support.
And just last month, the House of Lords completed a consultation period which has generated some misinformation about how the CC BY license operates. So, in order to clarify some of these misconceptions, Creative Commons and Creative Commons UK submitted a joint response to the Business, Innovation and Skills Committee to set the record straight.
We’ve pulled together some clarifications to some of the uncertainty lobbed at the CC BY license provision in the Open Access Policy. Some of the reasons given that CC BY should not be retained include:
- it would promote “misuse of research or would cause authors to “lose control of their work”
- third party rights negotiations for content that authors wish to include within an openly licensed article would prove too difficult
- open licensing provides less protection against plagiarism
- CC BY is not widely used in OA publishing
- authors should choose licensing conditions, not funders
These claims are confusing, misguided, or not backed up by evidence. We offer our responses and support here.Comments Off on Clarifications about CC BY in the UK Open Access Policy