Universities and article copyright

Learned Publishing

Volumn 13, Issue 3, 2000, Pages 141-150

  Law, D G ^a   Weedon, R L ^a   Sheen, M R ^a  

^a UNIVERSITY OF STRATHCLYDE   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0007149291     PISSN: 09531513     EISSN: None     Source Type: Journal    
DOI: 10.1087/09531510050145281     Document Type: Article

References (71)

1. Christie, A. and Gare, S. (cds) Blackstone's Statutes on Intellectual Property, 4th edn. Blackstone Press, 1992, 53-4. The relevant part of the 1988 Copyright, Designs and Patents Act is s.11 (2). The author's moral rights are also severely restricted. See Millard, C. Copyright. In Read, C. (ed.), Computer Law, 3rd edn. Blackstone Press, 1996, 149. See also Henry, M. Current Copyright Law Butterworths, 1998, 35-42.
2. Christie, A. and Gare, S. (cds) Blackstone's Statutes on Intellectual Property, 4th edn. Blackstone Press, 1992, 53-4. The relevant part of the 1988 Copyright, Designs and Patents Act is s.11 (2). The author's moral rights are also severely restricted. See Millard, C. Copyright. In Read, C. (ed.), Computer Law, 3rd edn. Blackstone Press, 1996, 149. See also Henry, M. Current Copyright Law Butterworths, 1998, 35-42.
3. Christie, A. and Gare, S. (cds) Blackstone's Statutes on Intellectual Property, 4th edn. Blackstone Press, 1992, 53-4. The relevant part of the 1988 Copyright, Designs and Patents Act is s.11 (2). The author's moral rights are also severely restricted. See Millard, C. Copyright. In Read, C. (ed.), Computer Law, 3rd edn. Blackstone Press, 1996, 149. See also Henry, M. Current Copyright Law Butterworths, 1998, 35-42.
4. See Oppenheim, C. Copyright in HEIs: a discussion paper. In Tedd, M. Papers on Copyright Issues in the Electronic Library. JISC, 1995 (www.jisc.ac.uk/pub/ copyright/charles1.htm)
5. There are other grey areas which need to be addressed such as articles written or co-written by students, emeritus and visiting staff and any other person not covered by the term 'employee'.
6. See the reaction in analogous areas. Baty, P. Labour policy poses threat to freedom. Times Higher Educational Supplement 2000: 31 Mar.; Managerialism in universities. AUT Update 2000: 64, 17 Feb., 2. Triesman, D. Threat to academic freedom 'will mean war'. Times Higher Educational Supplement 1999: 21 May, and Murray, G. Letters and Opinion. Times Higher Educational Supplement 1999: 28 May, 17. See also the University of Nottingham v. Simon Fishel case. Times Higher Educational Supplement, 2000: 25 Feb., 18 and 3 Mar.
7. See the reaction in analogous areas. Baty, P. Labour policy poses threat to freedom. Times Higher Educational Supplement 2000: 31 Mar.; Managerialism in universities. AUT Update 2000: 64, 17 Feb., 2. Triesman, D. Threat to academic freedom 'will mean war'. Times Higher Educational Supplement 1999: 21 May, and Murray, G. Letters and Opinion. Times Higher Educational Supplement 1999: 28 May, 17. See also the University of Nottingham v. Simon Fishel case. Times Higher Educational Supplement, 2000: 25 Feb., 18 and 3 Mar.
8. See the reaction in analogous areas. Baty, P. Labour policy poses threat to freedom. Times Higher Educational Supplement 2000: 31 Mar.; Managerialism in universities. AUT Update 2000: 64, 17 Feb., 2. Triesman, D. Threat to academic freedom 'will mean war'. Times Higher Educational Supplement 1999: 21 May, and Murray, G. Letters and Opinion. Times Higher Educational Supplement 1999: 28 May, 17. See also the University of Nottingham v. Simon Fishel case. Times Higher Educational Supplement, 2000: 25 Feb., 18 and 3 Mar.
9. See the reaction in analogous areas. Baty, P. Labour policy poses threat to freedom. Times Higher Educational Supplement 2000: 31 Mar.; Managerialism in universities. AUT Update 2000: 64, 17 Feb., 2. Triesman, D. Threat to academic freedom 'will mean war'. Times Higher Educational Supplement 1999: 21 May, and Murray, G. Letters and Opinion. Times Higher Educational Supplement 1999: 28 May, 17. See also the University of Nottingham v. Simon Fishel case. Times Higher Educational Supplement, 2000: 25 Feb., 18 and 3 Mar.
10. See the reaction in analogous areas. Baty, P. Labour policy poses threat to freedom. Times Higher Educational Supplement 2000: 31 Mar.; Managerialism in universities. AUT Update 2000: 64, 17 Feb., 2. Triesman, D. Threat to academic freedom 'will mean war'. Times Higher Educational Supplement 1999: 21 May, and Murray, G. Letters and Opinion. Times Higher Educational Supplement 1999: 28 May, 17. See also the University of Nottingham v. Simon Fishel case. Times Higher Educational Supplement, 2000: 25 Feb., 18 and 3 Mar.
11. Millard, C. Copyright. In Read, C. (ed.), Computer Law, 3rd edn. Blackstone Press, 1996, 106. He suggests turning to judicial decisions based on the previous 1956 act or even earlier legislation.
12. Davenport, E. Perceptions of copyright in a group of UK information scientists. ASLIB Proceedings 1994: 46, (11-12 Nov./Dec.), 267-74.
13. Weedon, R. Policy Approaches to Copyright in HEIs. CES, University of Strathclyde, 2000.
14. Report of a Working Party on Patents and the Commercial Exploitation of Research Results. Vice-Chancellor's Committee 1977 (forerunner of the CVCP).
15. There have been cases of disputes over ownership of patents in the USA. It may be they have occurred in the UK but more often been settled privately and with less publicity.
16. Weedon, Policy Approaches, 71-4.
17. See below.
18. The bulk of this article is based on research undertaken for Weedon, Policy approaches.
19. See Sutherland, S. Who owns John Sutherland? London Review of Books 1999:21(1), 7 Jan. (www.lrb. co.uk/v21/n01/suth2101.htm).
20. Sutherland, Who owns John Sutherland?
21. The advent of electronic publishing may change this.
22. See the AAU (Association of American Universities) Task Force on Intellectual Property Rights in an Electronic Environment, 1994. See also Weedon, Policy approaches, 47-8 (arl.cni.org/aau/IPCharge.html).
23. Based on an interview with a representative of a copyright-licensing organization, 18 Aug. 1999. As with all interviews carried out for the Strathclyde research, anonymity was guaranteed.
24. Weedon, R. Policy approaches, 60. There have been agreements in certain areas, e.g. that between the JISC and the PA (Publishers Association) over fair dealing and electronic copying (www.jisc.ac.uk/ index.html).
25. Weedon, R. Policy Approaches to Copyright in HEIs. CES, University of Strathclyde 2000, 23-29. The research was funded by the JISC Committee on Awareness, Liaison and Training (JCALT), whose support the authors gratefully acknowledge.
26. The survey, conducted as part of the above research, was sent out to all HEIs. There was a 60% response rate to the survey from CVCP members. Responses reflect what individuals understood the HEIs policy to be, reality might be a little different, as discussions with academics at a selection of institutions revealed. Nine institutions were visited in all.
27. All HEIs were asked to submit their IPR policy documents as part of the above survey. Less than half the institutions who returned the questionnaire did this. Very few post-1992 institutions felt able to supply any documentation.
28. The law and the higher education systems in the USA are different to those of the UK, but such work is still relevant. See, for example, the work of Andrew Webster and Kathryn Packer (www.cam.anglia.ac.uk/ hums/satsu/pat.htm; www.cam.anglia.ac.uk/hums/ satsu/inprop.htm; mailbase.ac.uk/lists/ipr-science/files/ references).
29. See Monotti, A. Power to modify the vesting of copyright in an employer. European Intellectual Property Review 1997:12, 715ff.
30. AAU Task Force on Intellectual Property Rights in an Electronic Environment (arl.cni.org/aau/IPCharge. html). See also Ownership of New Works at the University: Unbundling of Rights and the Pursuit of Higher Learning. Consortium for Educational Technology for University Systems (CETUS) (www. cetus.org/ownership.pdf).
31. AAU Task Force on Intellectual Property Rights in an Electronic Environment (arl.cni.org/aau/IPCharge. html). See also Ownership of New Works at the University: Unbundling of Rights and the Pursuit of Higher Learning. Consortium for Educational Technology for University Systems (CETUS) (www. cetus.org/ownership.pdf).
32. Tufts University. Policy on rights and responsibilities with respect to intellectual property (www.tufts.edu/ tccs/usepolicy/itpoc1.html).
33. Standeford, D. Internet raises sticky questions about ownership of IP in academia. IP law Weekly 2000: 28 Jan. (www.lawnewsnetwork.com/practice/iplaw/news/ A14468-2000Jan27.html).
34. With thanks to Alan Story of the University of Kent and Astrid Wissenburg of Kings College London, who provided this synopsis.
35. Staff Reporter. Group asks: when is a science publication not a publication? Times Higher Educational Supplement 2000: 18 Feb., 3.
36. Ibid.
37. Harnad, S. Free at last: the future of peer-reviewed journals. D-Lib Magazine 1999: 5, 12 (www.dlib. org/dlib/december99/12harnad.html). See also Patel, K. Team finds way round copyright. Times Higher Educational Supplement 2000: 25 Feb., 12.
38. Harnad, S. Free at last: the future of peer-reviewed journals. D-Lib Magazine 1999: 5, 12 (www.dlib. org/dlib/december99/12harnad.html). See also Patel, K. Team finds way round copyright. Times Higher Educational Supplement 2000: 25 Feb., 12.
39. Harnad, Free at last, 5, 6. Would universities organize this or publishers? If the latter, would they seek a profit from this service?
40. xxx.lanl.gov
41. Harnad, Free at last, 5, 4.
42. Ibid. 5-6.
43. Ibid. 7. See the American Physical Society. He notes, however, that journals such as Science try to prevent 'self-archiving'. See www.aps.org/index.html and follow links 'research journals' and 'copyright-transfer form' (www.sciencemag.org/misc/con-info. shtml#prior).
44. Ibid. 7. See the American Physical Society. He notes, however, that journals such as Science try to prevent 'self-archiving'. See www.aps.org/index.html and follow links 'research journals' and 'copyright-transfer form' (www.sciencemag.org/misc/con-info. shtml#prior).
45. See 'The London Business School' website: www.lbs.ac.uk/library/intellectual_property_overview /ownership/ownership.html. See also below.
46. Paper given by Derek Law at an ALPSP seminar, 13 Jan. 2000, on which this article is in part based. There are cases where the funders of research projects can and do insist on control, if not ownership of publications.
47. The CLA was a partner in a number of ECMS (Electronic Copyright Management Systems) projects such as COPICAT. This was followed by COPINET, which apparently did not involve the CLA (www.mari.co.uk/copicat/index.html#contents; www.mari.co.uk/copinet/copframe.htm). The European Directive - Amended proposal for a Directive on the harmonization of certain aspects of copyright and related rights in the Information Society COM (1999) 250 final, 21 May 1999. There are real doubts if 'fair dealing' will survive in its current form. The directive should pass its final stages in 2000 and will result in changes to UK law within two years (europa.eu.int/ comm/internal_market/en/intprop/intprop/copy2.ht). For recent amendments (February 2000) see: europa.eu.int/comm/internal_market/en/intprop/ intprop/copy3.htm. The directive is in part based on recent WIPO (World International Property Organization) treaties. WIPO in turn is linked to the WTO (World Trade Organization).
48. The CLA was a partner in a number of ECMS (Electronic Copyright Management Systems) projects such as COPICAT. This was followed by COPINET, which apparently did not involve the CLA (www.mari.co.uk/copicat/index.html#contents; www.mari.co.uk/copinet/copframe.htm). The European Directive - Amended proposal for a Directive on the harmonization of certain aspects of copyright and related rights in the Information Society COM (1999) 250 final, 21 May 1999. There are real doubts if 'fair dealing' will survive in its current form. The directive should pass its final stages in 2000 and will result in changes to UK law within two years (europa.eu.int/ comm/internal_market/en/intprop/intprop/copy2.ht). For recent amendments (February 2000) see: europa.eu.int/comm/internal_market/en/intprop/ intprop/copy3.htm. The directive is in part based on recent WIPO (World International Property Organization) treaties. WIPO in turn is linked to the WTO (World Trade Organization).
49. The CLA was a partner in a number of ECMS (Electronic Copyright Management Systems) projects such as COPICAT. This was followed by COPINET, which apparently did not involve the CLA (www.mari.co.uk/copicat/index.html#contents; www.mari.co.uk/copinet/copframe.htm). The European Directive - Amended proposal for a Directive on the harmonization of certain aspects of copyright and related rights in the Information Society COM (1999) 250 final, 21 May 1999. There are real doubts if 'fair dealing' will survive in its current form. The directive should pass its final stages in 2000 and will result in changes to UK law within two years (europa.eu.int/ comm/internal_market/en/intprop/intprop/copy2.ht). For recent amendments (February 2000) see: europa.eu.int/comm/internal_market/en/intprop/ intprop/copy3.htm. The directive is in part based on recent WIPO (World International Property Organization) treaties. WIPO in turn is linked to the WTO (World Trade Organization).
50. It should be said that there are agreements between institutions and publishers that may offer a more positive interpretation. For example, initiatives such as NESLI (National Electronic Site License Initiative for electronic journals), LIDDAS (Inter-Library loans and Document Delivery) and SPARC (alternative partnerships with publishers) (www.jisc.ac.uk/index. html; www.slnsw.gov.au/LIDDAS/; www.arl.org/sparc/ factsheet.html).
51. The London Business School website, as above.
52. www.alcs.co.uk/DECLARATION.html - the declaration was endorsed by the AUT in May 1998.
53. Ibid. 2.2.
54. Ibid. 3.3.
55. Ibid. 3.4. This stops short of suggesting authors own copyright.
56. Based on an interview with personnel from a copyright organization, 12 Aug. 1999. Conducted as part of the research for Weedon, Policy Approaches.
57. Based on an interview at a copyright organization, 18 Aug. 1999. In part the personal view of an individual. Conducted as part of the research for the above.
58. Kay, J. Creativity at centre stage. Financial Times 1999: 31 Mar., NP.
59. Trythall, B. Ownership and use of knowledge. AUT Bulletin, Jan. 1999, 16. He was commenting on 'Your guide to intellectual property rights'. AUT, Jan. 1999. See also Patel, K. V-Cs reject beefed-up copyright. Times Higher Educational Supplement 1999: 9 Apr., 7.
60. Trythall, B. Ownership and use of knowledge. AUT Bulletin, Jan. 1999, 16. He was commenting on 'Your guide to intellectual property rights'. AUT, Jan. 1999. See also Patel, K. V-Cs reject beefed-up copyright. Times Higher Educational Supplement 1999: 9 Apr., 7.
61. Trythall, B. Ownership and use of knowledge. AUT Bulletin, Jan. 1999, 16. He was commenting on 'Your guide to intellectual property rights'. AUT, Jan. 1999. See also Patel, K. V-Cs reject beefed-up copyright. Times Higher Educational Supplement 1999: 9 Apr., 7.
62. The CVCP has rejected the AUTs' proposed agreement on copyright as being too 'prescriptive'. 'There are no differences between the two bodies on limiting publishers' autonomy, but on other areas, we did not feel the proposals advanced much on what the CVCP has already said. . . . The union is asking institutions to forgo rights and returns on intellectual property to an extent that would be counter-productive.'
63. Editorial, Intellectual property. Times Higher Educational Supplement 1999: 9 Apr., 16.
64. Ibid.
65. ALPSP, Guidelines for licence of electronic publications. ALPSP Affairs. Learned Publishing 1998:11(4), 246-251. See the model licence below (www.alpsp.org.uk/cpygdlns.pdf; www.alpsp.org.uk/ grantli.pdf). See Patel, K, Rethink on copyright. Times Higher Educational Supplement 2000: 28 Jan., 6. Also: Libraries approach copyright solution. Times Higher Educational Supplement 2000: 4 Feb., 13.
66. ALPSP, Guidelines for licence of electronic publications. ALPSP Affairs. Learned Publishing 1998:11(4), 246-251. See the model licence below (www.alpsp.org.uk/cpygdlns.pdf; www.alpsp.org.uk/ grantli.pdf). See Patel, K, Rethink on copyright. Times Higher Educational Supplement 2000: 28 Jan., 6. Also: Libraries approach copyright solution. Times Higher Educational Supplement 2000: 4 Feb., 13.
67. ALPSP, Guidelines for licence of electronic publications. ALPSP Affairs. Learned Publishing 1998:11(4), 246-251. See the model licence below (www.alpsp.org.uk/cpygdlns.pdf; www.alpsp.org.uk/ grantli.pdf). See Patel, K, Rethink on copyright. Times Higher Educational Supplement 2000: 28 Jan., 6. Also: Libraries approach copyright solution. Times Higher Educational Supplement 2000: 4 Feb., 13.
68. Email announcement from Sally Morris, Secretary General of ALPSP, 21 Dec. 1999. See also Licence to publish. Learned Publishing 2000:13(2), 74.
69. Swan, A. and Brown, S. What authors want. The ALPSP research study on the motivations and concerns of contributors to learned journals (Key Perspectives Ltd). London: ALPSP, 1999. See also www.alpsp.org.uk/pubs.htm.
70. For Harnad, see above. For Ginsparg, see www. library.yale.edu/~okerson/subversive.html
71. For SPARC, see above. For Highwire, see highwire. stanford.edu/intro.dtl