3.10 Alternative Forms of Copyright
4 min read•june 25, 2024
licenses revolutionize content sharing, allowing creators to retain rights while granting specific permissions. These licenses, ranging from to , enable easy distribution and adaptation of works, fostering collaboration and innovation in various fields.
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
- (SA) requires derivative works to be licensed under same terms
- (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)
- Creators choose from range of CC licenses with varying levels of restrictions
- 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 (OER) and other freely accessible content (Wikipedia, Flickr Commons)
- CC licenses are part of the broader 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 (, )
- 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 ( (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 (GPL), , and
- Promote collaboration, transparency, and community-driven development (, )
- Often require derivative works to be released under same open source license ()
- 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
- 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
- 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
- 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
- , championed by figures like , 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
Key Terms to Review (22)
Apache License: The Apache License is an open-source software license that allows users to freely use, modify, and distribute the licensed software, while also providing certain protections for the original copyright holders. It is a popular alternative form of copyright that has emerged alongside traditional copyright frameworks.
Article Processing Charges: Article Processing Charges (APCs) are fees charged by academic publishers to authors or their institutions for publishing their research articles in open access journals. These charges cover the costs associated with the peer review, editing, and online publication of the article, allowing it to be freely accessible to readers without a subscription.
ArXiv: arXiv is an open-access repository for scholarly articles, primarily in the fields of physics, mathematics, computer science, quantitative biology, quantitative finance, and statistics. It serves as an alternative form of copyright and publication for researchers to share their work before formal peer review and publication.
Attribution: Attribution refers to the acknowledgment of the creator or source of a work, such as a creative work, intellectual property, or online content. It is a fundamental principle in various alternative forms of copyright that ensures the original author or creator receives proper credit for their work.
Copyleft: Copyleft is an alternative approach to copyright that grants the right to freely distribute and modify a work, with the stipulation that the same rights be preserved in derivative works. It is a counterpart to traditional copyright, which grants authors exclusive control over their creations.
Creative Commons: Creative Commons is a nonprofit organization that provides free, easy-to-use copyright licenses that allow creators to share their work with the public for free. These licenses give people the ability to use, share, and build upon a creator's work, while still maintaining the creator's copyright.
Digital Rights Management (DRM): Digital Rights Management (DRM) refers to a set of technologies and strategies used to control and restrict how digital content, such as music, videos, and software, can be accessed, copied, and distributed. DRM aims to protect the intellectual property rights of content creators and copyright holders in the digital age.
Fair Use: Fair use is a legal doctrine that allows the limited use of copyrighted material without requiring permission from the copyright holder. It is an exception to the exclusive rights granted to the owner of a copyright, providing a framework for determining when a use of copyrighted material is acceptable.
Firefox: Firefox is an open-source web browser developed by the Mozilla Foundation. It is a popular alternative to traditional web browsers like Internet Explorer and Google Chrome, offering a range of features and customization options to enhance the user's browsing experience.
Free Culture Movement: The free culture movement is a social movement that promotes the freedom to distribute and modify creative works in the digital age. It advocates for reduced legal restrictions on creative works, with the goal of enabling a more participatory culture where users can freely share, remix, and build upon existing content.
GNU General Public License: The GNU General Public License (GNU GPL) is a widely-used free and open-source software (FOSS) license that provides users with the freedom to run, study, share, and modify the software. It is a key alternative form of copyright that aims to promote collaboration, transparency, and the free distribution of software.
Lawrence Lessig: Lawrence Lessig is a prominent American academic and political activist who has made significant contributions to the field of intellectual property law, particularly in advocating for alternative forms of copyright and the free culture movement. He is known for his advocacy of reduced legal restrictions on copyright, which he believes stifles creativity and innovation.
Linux: Linux is an open-source operating system that is widely used in various computing environments, from personal computers to servers and supercomputers. It is known for its stability, security, and flexibility, making it a popular choice for alternative forms of copyright.
MIT License: The MIT License is an open-source software license that allows for the free use, modification, and distribution of software, subject to certain conditions. It is one of the most popular and widely-used open-source licenses, known for its simplicity and flexibility.
NoDerivatives: NoDerivatives is a licensing term that prohibits the creation of derivative works based on the original copyrighted work. It is one of the alternative forms of copyright that provides creators with additional control over how their work can be used and modified by others.
NonCommercial: NonCommercial is a term used in the context of alternative forms of copyright, which refers to the use of copyrighted material without the purpose of generating commercial profit. This term is crucial in understanding the various exceptions and limitations to copyright law that allow for the fair use of protected works.
Open Access: Open access refers to the practice of providing free and unrestricted online access to scholarly publications, research data, and other digital content. It aims to make knowledge and information widely available to the public, promoting the free flow of ideas and advancing scientific progress.
Open Content: Open content refers to digital media, such as text, images, audio, and video, that is made freely available to the public with little to no restrictions on its use, modification, and distribution. It is a form of content licensing that promotes the open sharing and collaborative creation of knowledge and creative works.
Open Educational Resources: Open Educational Resources (OER) are teaching, learning, and research materials that are freely available to the public, with little to no restrictions on their use, adaptation, and distribution. They provide an alternative to traditional copyrighted educational materials, promoting the free and open sharing of knowledge.
Public Domain: The public domain refers to creative works or inventions that are not protected by intellectual property rights, such as copyright, trademark, or patent, and are available for public use without restriction. Works in the public domain can be freely used, modified, and distributed by anyone without the need to obtain permission or pay royalties.
PubMed Central: PubMed Central (PMC) is a free digital archive of biomedical and life sciences journal literature, operated by the National Institutes of Health's National Library of Medicine (NIH/NLM). It serves as an alternative form of copyright by providing open access to peer-reviewed research articles and manuscripts.
ShareAlike: ShareAlike is a copyright license condition that requires derivative works to be distributed under the same or a compatible license as the original work. It is a key component of certain alternative forms of copyright, such as Creative Commons licenses, that aim to promote the sharing and reuse of creative content.