3.10 Alternative Forms of Copyright

Creative Commons licenses revolutionize content sharing, allowing creators to retain rights while granting specific permissions. These licenses, ranging from Attribution to NoDerivatives, enable easy distribution and adaptation of works, fostering collaboration and innovation in various fields.

Open access in scholarly publishing aims to make research freely available online. While it increases visibility and accessibility, funding models and quality control pose challenges. Balancing author, publisher, and public rights is crucial for effective open access implementation.

Creative Commons and Open Access

Creative Commons license mechanics

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• Creative Commons (CC) licenses provide standardized way for creators to grant permissions for others to use their work
  • Creators choose from range of CC licenses with varying levels of restrictions
    • Attribution (BY) requires crediting original creator
    • ShareAlike (SA) requires derivative works to be licensed under same terms
    • NonCommercial (NC) prohibits commercial use of work
    • NoDerivatives (ND) prohibits creation of derivative works
  • CC licenses legally enforceable and can be applied to various types of content (text, images, videos)
• CC licenses facilitate sharing and reuse of content by providing clear permissions upfront
  • Enable creators to retain copyright while allowing others to use work under specified conditions
  • CC-licensed content easily distributed and adapted, promoting collaboration and innovation
  • Use of CC licenses has led to growth of open educational resources (OER) and other freely accessible content (Wikipedia, Flickr Commons)
  • CC licenses are part of the broader open content movement, which aims to make creative works more accessible and reusable

Open access in scholarly publishing

• Open access aims to make scholarly research freely available online without paywall barriers
  • Seeks to increase visibility, accessibility, and impact of research findings
  • Enables researchers, students, and public to access and build upon existing knowledge (PubMed Central, arXiv)
• Funding models pose challenges for open access
  • Traditional subscription-based publishing relies on institutional subscriptions and paywalls for revenue
  • Open access often requires alternative funding sources (article processing charges (APCs), institutional support)
• Ensuring quality and credibility of open access publications can be challenging
  • Maintaining rigorous peer review processes essential to maintain integrity of scholarly research
• Balancing rights of authors, publishers, and public complex in open access models
  • Clarifying copyright ownership and licensing terms crucial for open access to function effectively (Creative Commons Attribution License (CC BY))

Open Source Software

Open source vs traditional software licensing

• Open source licenses allow users to freely use, modify, and distribute software's source code
  • Common open source licenses include GNU General Public License (GPL), MIT License, and Apache License
  • Promote collaboration, transparency, and community-driven development (Linux, Firefox)
  • Often require derivative works to be released under same open source license (copyleft)
• Copyright law automatically grants exclusive rights to creator of original work, including software
  • Copyright holders control reproduction, distribution, and adaptation of their work
  • Proprietary software typically licensed under restrictive terms that prohibit modification and redistribution (Microsoft Windows, Adobe Photoshop)
  • Users must obtain permission or purchase license to use software legally
• Open source licensing prioritizes user freedoms and collaborative development, while traditional copyright focuses on creator's exclusive rights
  • Open source software freely modified and redistributed, while proprietary software restricts such activities
  • Open source licenses often require sharing improvements with community, while proprietary licenses keep modifications private
  • Choice between open source and proprietary licensing depends on factors (business models, user needs, philosophical beliefs)

Alternative Copyright Concepts

Public Domain and Fair Use

• Public domain refers to creative works not protected by intellectual property laws
  • Works may enter public domain due to copyright expiration, dedication by creator, or ineligibility for protection
  • Public domain works can be freely used, modified, and distributed without permission
• Fair use doctrine allows limited use of copyrighted material without permission for purposes such as criticism, commentary, or education
  • Determined by factors including purpose of use, nature of work, amount used, and effect on market value

Digital Rights Management and Free Culture Movement

• Digital Rights Management (DRM) technologies used to control access and use of digital content
  • Aims to prevent unauthorized copying and distribution of copyrighted works
  • Critics argue DRM can limit legitimate uses and hinder innovation
• Free Culture Movement, championed by figures like Lawrence Lessig, advocates for less restrictive copyright laws
  • Promotes balance between protecting creators' rights and enabling cultural participation and creativity
  • Supports alternative licensing models and reforms to copyright duration and scope