1. EIFL General Assembly 2010 Session 5 Managing copyright in open access projects Teresa Hackett Programme Manager EIFL-IP

2. Copyright and open access Copyright and digitisation - Cambodia, Macedonia, Lesotho Copyright law and open access - Palestine 2

3. Copyright and digitisation Be aware of the difference between material that is available online - the public internet - and Open Access Budapest Open Access Initiative (2002) called for open access to research literature: free of charge - removal of price barriers AND free of most usage restrictions - removal of permission barriers 3

4. Copyright and digitisation 4

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8. The same principle applies to material that is retro-digitised just because something is digitised, doesnt make it Open Access depends on the copyright status of what you will digitise, and the permissions you have got 8

9. Copyright and digitisation Before you digitise, you must know the copyright status of the document digitisation involves acts that are restricted under copyright if the document is not in the public domain, and if the exceptions in your national copyright law do not cover the full extent of what you want to do (usually they do not), you must seek permission from the copyright owner 9

10. Copyright and digitisation Restricted acts that require permission digitising the document mounting on a server storing in a database communicating to the public over a network giving the public access to use the material are covered by the right of reproduction and the right of communication to the public 10

11. Copyright and digitisation Orphan works i.e. works where the copyright owner cannot be found big problem! assess the risk, strategies to manage the risk follow discussions around the world lobby your copyright office for a solution EIFL-IP Handbook, chapter on Orphan Works 11

12. Copyright and digitisation Third party sponsorship of digitisation projects make sure you have a copy in your possession of what has been digitised AND make sure that you, and your users, can use the copy to do what you want with it For example, in a digitisation agreement Please ask if you need advice 12

13. Copyright law and open access The copyright law needs to be updated, there should be a space in the law for new developments and open access issues and policies. copyright law should cover modern library needs e.g. digital copying but you cannot force copyright owners by law to make their material open access role of public and institutional policies, and mandates to encourage open access 13

14. Thank you for listening teresa.hackett@eifl.net 14