4th OpenAIRE Workshop - Legal and Sustainability Issues for Open Access Infrastructures Nov. Vilnius Presentation of conclusions and guidelines for OpenAIREplus partners - Lucie Guibault, Prof., IViR, Faculty of Law, University of Amsterdam

1. OpenAire+: Legal framework –
Conclusions and Guidelines
Dr. Lucie Guibault,
Legal and Sustainability Issues for Open Access Infrastructures, Vilnius

2. IP Protection of scientific output
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Legal status of scientific output not entirely clear;
Authorization of the rights owner is required to use
a substantial portion of the contents of a database
Exception for scientific uses is poorly implemented
and harmonized.
Acts such as linking to and from other databases is
not clearly regulated under EU and national law.
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5. OpenAire+ Guidelines
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Crucial for data collectors and depositors to ensure:
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that all necessary copyright permissions have
been cleared prior to deposit and
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that ownership of the materials has been
established.
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Importance of licence terms - legal certainty for
rights owner and users alike
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9. Guidelines
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Use of proper Open Access licenses is paramount
OA licences grant data a future - by allowing others
to care for and use it.
Importance of compatibility of licences
Horizon2020 will require data management plan –
which includes proper licensing strategy
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10. Guidelines
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Preference for version 4.0 of the Creative
Commons licences
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Version 4.0 addresses database rights
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Offers unique tool to license both publications
and data
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Recommend CC 4.0 BY or BY-SA
SA may have impact on re-use by (commercial)
parties who have proprietary business models
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11. THANK YOU FOR YOUR ATTENTION!
More information?
L.Guibault@uva.nl
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