Open access, Open
courseware & copyright.
Maria Rehbinder
Legal Counsel (IPR)
20.1.2012
Copyright
• Copyright is defined by international agreements, EU
directives and national legislation implementing these.
• Protection is provided by law as soon as the work is
original enough to rise above the treshold of originality
• No registration is needed, the Berne Convention
prohibits registration as a requirement for protection
• Thus it is impossible not to become copyright owner if
you do creative work or research
• You can then decide how you want to use your propertyopen acces is a possibility
• ( Copyright can be officially registered in the USA and China)
Copyright and open acces
• The owner of copyright can give user rights or
ownership to others based on his /her right as a
copyright holder
• Open acces lisences are based on copyright legislation
and can be valid only if the person / legal entity granting
the open acces lisence is really entitled to do so
• In the case of a university employee, a university
usually adapts a Copyright Policy, stating how is wishes
University employees to use the copyright they have to
their research and teaching material
Berlin Declaration on Open Access to Knowledge
in the Sciences and Humanities, signed by
Suomen yliopistojen rehtorien neuvosto 18.10.2006
• Our organizations are interested in the further promotion
of the new open access paradigm to gain the
• most benefit for science and society. Therefore, we
intend to make progress by
• · encouraging our researchers/grant recipients to
publish their work according to the principles of the
• open access paradigm.
• · advocating that open access publication be recognized
in promotion and tenure evaluation.
• http://www.berlin9.org/about/index.shtml
Intellectual Property that does not need
to be registered :
• Copyright and
• Related rights
• Database rights
• Unregistered design right
• (Databases that have personal data are under separate
privacy regulation )
Copyright
• Protects works that are original, products of creativity,
artistic or literary works
• What can be used freely ?
• idea, information, subject matter not protected
• Protection of form, not the idea or information contained
in the form
• Work that is below the originality treshold
Copyright
• In UK and USA copyright system, based on investment protection
for the publisher
• In EU the authors right or droit de auteur system based on authors
right
• First droit de auteur legislation in revolutionary France 1792
• Traditionally moral rights of authors better protected in authors right
system
• Protection similar in all Berne Convention countries. March 1,
1989, the U.S. "Berne Convention Implementation Act of 1988"
came into force and the United States became a party to the Berne
Convention, originality required varies nationally,
Copyright
• Protection starts from the moment of creation and last
the lifetime of the author plus 70 years from the year the
author died
• If there are several authors protection from the year the
last surviving author died
• Can be sold, lisenced, is passed on as inheritance
• What can be used freely ? Works where the protection
period has ended
Copyright
• Copyright consist of two economic rights and two moral
rights
• Economic rights are the right to make copies and the
right to make available to the public
• Moral rights are the paternity right and the right to
respect: the name of the author has to be mentioned,
the work must not be alterered without permission from
the author
Related rights
•
•
•
•
•
Producers right for music or audiovisual products
Broadcaster rights
Photographers right
Rights of performing artists
Protection term 50 years from the year when production
was made ( music - directive: change to 70 years )
• For photographers right in Finland no originality
needed, any photograph protected
• In the USA ”If it is worth copying it is worth protecting”
Database right
• A collection of independent works, data or other
materials which are arranged in a systematic or
methodical way and are individually accessible by
electronic or other means
• Protection lasts 15 years from completion
• Protection to investor, for example university, no
originality required
• Original compilation can get copyright protection
Exceptions
• In USA and UK fair use
• In EU exception rules allow use, for example in Finland:
Use of photos, works of art to illustrate a scientific
work, citation
• Name of the author and the source have to be
mentioned
• Commercial users such as publishers often demand
that only cleared material be used
• Responsibility for illegally using the works of others
severe, possibility of punitative damages in the USA
Copyright
• The Copyright mark C can be used by all authors,
informs that you are the copyright holder
• Circled C then , year of publication , the name of the
author, or the company / University holding the
copyright
• If you want to give acces to your work you can give
information about the license with a Creative Commons
mark http://creativecommons.org/
http://creativecommons.org/licenses/bync-sa/3.0/us/
• Human Readable Summary
• Attribution — You must attribute the work in the
manner specified by the author or licensor (but not in
any way that suggests that they endorse you or your use
of the work).
• Noncommercial — You may not use this work for
commercial purposes.
• Share Alike — If you alter, transform, or build upon this
work, you may distribute the resulting work only under
• the same or similar license to this one.
Legal Code , the Full License
• THE WORK IS PROVIDED UNDER THE TERMS OF
THIS CREATIVE COMMONS PUBLIC LICENSE . THE
WORK IS PROTECTED BY COPYRIGHT AND/OR
OTHER APPLICABLE LAW. ANY USE OF THE WORK
OTHER THAN AS AUTHORIZED UNDER THIS
LICENSE OR COPYRIGHT LAW IS PROHIBITED.
• BY EXERCISING ANY RIGHTS TO THE WORK
PROVIDED HERE, YOU ACCEPT AND AGREE TO BE
BOUND BY THE TERMS OF THIS LICENSE
Legal Code , the Full License
• Non-commercial means for example, that :4.i For the
avoidance of doubt, where the Work is a musical
composition:
• Performance Royalties Under Blanket Licenses.
Licensor reserves the exclusive right to collect, whether
individually or via a performance rights society ( e.g.
ASCAP, in Finland Gramex), royalties for the public
performance or public digital performance (e.g. webcast)
of the Work if that performance is primarily intended for
or directed toward commercial advantage or private
monetary compensation.
OpenCourseWare
• MIT OpenCourseWare has been releasing its materials
under a Creative Commons BY-NC-SA license since
2004. Today, MIT OCW has over 1900 courses
available freely and openly online for anyone, anywhere
to adapt, translate, and redistribute
OCWConsortium
• An OpenCourseWare (OCW) is a free and open digital
publication of high quality college and university‐level
educational materials. These materials are organized
as courses, and often include course planning materials
and evaluation tools as well as thematic content.
• OpenCourseWare are free and openly licensed,
accessible to anyone, anytime via the internet.
• http://www.ocwconsortium.org/en/aboutus/whatisocw
• Aalto plans to join the OCWConsortium
OCW Releaseform from participating
staff members
• 1. GRANT OF LICENSE:A perpetual, royalty free, nonexclusive license to use, reproduce, and distribute and
permit others to copy, translate, modify, and further
distribute via the [Your Institution's Name]
OpenCourseWare ( "[Your Institution's Name] OCW" )
Web site and in any other media now known or
hereafter developed the materials provided by me to
the [Your Institution's Name] OCW pr
• http://www.ocwconsortium.org/en/community/toolkit/mak
ingthecase/infopacket/releaseform
•
• ogram for the Course ….
Staff Releaseform
• 4. ATTRIBUTION: To attribute any use of any of the
Materials in a form that will include my name, my title or
status, the year the Materials were created (as indicated
on the Materials), and any copyright information
• 5. STATUS OF COPYRIGHT: [Your Institution's Name]
acknowledges that nothing in this license will constitute
a transfer or assignment of the copyright in the Materials
to [Your Institution's Name]. [Your Institution's Name]
further acknowledges that I will continue to own any cop
Open Acces repository at the University
• Example : The MIT Open Access Articles collection
consists of scholarly articles written by MIT-affiliated
authors that are made available through DSpace@MIT
under the MIT Faculty Open Access Policy, or under
related publisher agreements. Articles in this collection
generally reflect changes made during peer-review.
• http://dspace.mit.edu/handle/1721.1/49433
MIT Amendment to Publication
Agreement
• This Amendment hereby modifies the attached
Publication Agreement
• Publication agreement is subject to an irrevocable,
non-exclusive license previously granted by the Author
to the Massachusetts Institute of Technology (“MIT”).
Under that license, MIT may make the Article available,
and may exercise any and all rights under copyright
relating thereto, in any medium, provided that the Article
is not sold for a profit, and may authorize others to do
the same. http://dspace.mit.edu/handle/1721.1/49433
Aalto University Publication Archive
• https://aaltodoc.aalto.fi/
• Aalto University publication archive. The goal of the
archive is to increase the visibility, use and impact of the
university's research publications by offering them to
use through the university's own archive. The archive
consists of full text materials produced in the university,
such as theses, journal articles, conference publications
and research materials produced by the schools of Aalto
University
Intellectual Property
Intellectual Property that needs to be registered:
• Patents ,Registered trademarks
• Registered Designs, Utility Models
• Domain names
There is special legislation concerning university
researchers innovations and patents, also special
regulations in Aalto regarding copyright to computer
programs, these have to be enclosed by university
researchers, and Aalto can transfer ownership, as a rule
inventor gets 40 % of sales income (after patenting costs )
CC0 1.0 Universal (CC0
/publicdomain/zero/1.0/
• The person who associated a work with this deed has
dedicated the work to the public domain by waiving all
of his or her rights to the work worldwide under
copyright law, including all related and neighboring
rights, to the extent allowed by law.
• You can copy, modify, distribute and perform the work,
even for commercial purposes
• In no way are the patent or trademark rights of any
person affected by CC0, nor are the rights that other
persons may have in the work or in how the work is
used, such as publicity or privacy rights.