“On 17 May 2019 the Directive on Copyright in the Digital Single Market was published in the Official Journal of the European Union. Member States have until the 7 June 2021 to implement the new rules into national law. In this explainer, Paul Keller, Policy Advisor to Europeana Foundation breaks down the changes these new rules bring to Europe’s Cultural Heritiage insitutions. …
Article 14 of the directive clarifies a fundamental principle of EU copyright law. The article makes it clear that “when the term of protection of a work of visual art has expired, any material resulting from an act of reproduction of that work is not subject to copyright or related rights, unless the material resulting from that act of reproduction is original”. In other words, the directive establishes that museums and other cultural heritage institutions can no longer claim copyright over (digital) reproductions of public domain works in their collections. In doing so the article settles an issue that has sparked quite some controversy in the the cultural heritage sector in the past few year and aligns the EU copyright rules with the principles expressed in Europeana’s Public Domain Charter….
Finally the DSM directive introduces not one but two new Text and Data Mining exceptions (Articles 3 & 4) that will need to be implemented by all Member States. The first exception (Article 3) allows “research organisations and cultural heritage institutions” to make extractions and reproductions of copyright protected works to which they have lawful access “in order to carry out, for the purposes of scientific research, Text and Data Mining”. Under this exception cultural heritage institutions can text and data mine all works that the have in their collections (or to which they have lawful access via other means) as long as this happens for the purpose of scientific research.
The second exception (Article 4) is not limited to Text and Data Mining for the purpose of scientific research. Instead it allows anyone (including cultural heritage institutions) to make reproductions or extractions of works to which they have lawful access for Text and Data Mining regardless of the underlying purpose. …”
“At the Wikimedia Foundation, we believe that free access to knowledge and freedom of expression are fundamental human rights. We believe that when people have good information, they can make better decisions. Free access to information creates economic opportunity and empowers people to build sustainable livelihoods. Knowledge makes our societies more informed, more connected, and more equitable.
Over the past two years, we have seen governments censor Wikipedia, including in Turkey and most recently in China, denying these rights to millions of people around the world.
Today, we proceed to the European Court of Human Rights, an international court which hears cases of human rights violations within the Council of Europe, to ask the Court to lift the more than two-year block of Wikipedia in Turkey. We are taking this action as part of our continued commitment to knowledge and freedom of expression as fundamental rights for every person….”
“We are pleased to see public recognition of the role that transformative deals play in speeding up the transition to Open Access. We already have nine such deals in place, the four most mature of which are delivering OA take up rates in those markets of over 70%….
However, the approach proposed for Green OA requiring a zero embargo and a CCBY licence on the authors accepted manuscript (AAM) is of particular concern as this could have serious unintended consequences….”
“Plan S, the program to crack down on scientific journals’ paywalls led by European research funders, has fleshed out and relaxed some of its rules in revised implementation guidelinespublished today. The update addresses many concerns raised by researchers, librarians, and scientific publishers about Plan S’s rollout, allowing more time before full, immediate open access (OA) is required and dropping the proposed cap on publishing fees that funders will pay to journals.
The architects of Plan S “have engaged in a good quality dialogue” with the people and institutions that are going to deal with the plan’s consequences, says Lidia Borrell-Damián, director for reseach and innovation at the European University Association in Brussels. As a result, the revised guidelines seem “much more nuanced and more realistic” than the initial set, says astrophysicist Luke Drury, former president of the Royal Irish Academy in Dublin.
Still unclear is whether the changes will convince other funders to join the movement. And the plan’s fiercest detractors are unmoved….”
“With effect from 2021, all scholarly publications on the results from research funded by public or private grants provided by national, regional and international research councils and funding bodies, must be published in Open Access Journals, on Open Access Platforms, or made immediately available through Open Access Repositories without embargo….”
“Following a large consultation, we have updated our open access (OA) policy so it now aligns with Plan S. The changes will apply from 1 January 2021. …
These are the key changes to our OA policy.
All Wellcome-funded research articles must be made freely available through PubMed Central (PMC) and Europe PMC at the time of publication. We previously allowed a six-month embargo period. This change will make sure that the peer-reviewed version is freely available to everyone at the time of publication.
All articles must be published under a Creative Commons attribution licence (CC-BY), unless we have agreed, as an exception, to allow publication under a CC-BY-ND licence. We previously only required a CC-BY licence when an article processing charge (APC) was paid. This change will make sure that others – including commercial entities and AI/text-data mining services – can reuse our funded research to discover new knowledge.
Authors or their institutions must retain copyright for their research articles and hold the rights necessary to make a version of the article immediately available under a compliant open licence.
We will no longer cover the cost of OA publishing in subscription journals (‘hybrid OA’), outside of a transformative arrangement. We previously supported this model, but no longer believe that it supports a transition to full OA.
Where there is a significant public health benefit to preprints being shared widely and rapidly, such as a disease outbreak, these preprints must be published:
before peer review
on an approved platform that supports immediate publication of the complete manuscript
under a CC-BY licence.
This is a new requirement which will make sure that important research findings are shared as soon possible and before peer review.
Wellcome-funded organisations must sign or publicly commit to the San Francisco Declaration on Research Assessment(opens in a new tab) (DORA), or an equivalent. We may ask organisations to show that they’re complying with this as part of our organisation audits. This is a new requirement to encourage organisations to consider the intrinsic merit of the work when making promotion and tenure decisions, not just the title of the journal or publisher….”
“The revised Plan S maintains the fundamental principles
No scholarly publication should be locked behind a paywall;
Open Access should be immediate i.e., without embargoes;
Full Open Access is implemented by the default use of a Creative Commons Attribution CC BY licence as per the Berlin Declaration;
Funders commit to support Open Access publication fees at a reasonable level;
Funders will not support publication in hybrid (or mirror/sister) journals unless they are part of a transformative arrangement with a clearly defined endpoint.
But a number of important changes are proposed in the implementation guidance
In order to provide more time for researchers and publishers to adapt to the changes under Plan S, the timeline has been extended by one year to 2021;
Transformative agreements will be supported until 2024;
More options for transitional arrangements (transformative agreements, transformative model agreements, ‘transformative journals’) are supported;
Greater clarity is provided about the various compliance routes: Plan S is NOT just about a publication fee model of Open Access publishing. cOAlition S supports a diversity of sustainability models for Open Access journals and platforms;
More emphasis is put on changing the research reward and incentive system: cOAlition S funders explicitly commit to adapt the criteria by which they value researchers and scholarly output;
The importance of transparency in Open Access publication fees is emphasised in order to inform the market and funders’ potential standardisation and capping of payments of such fees;
The technical requirements for Open Access repositories have been revised….”
“A major push by some science agencies to make the research they fund open-access on publication — Plan S — has been delayed by a year. Funders now don’t have to start implementing the initiative until 2021, the agencies announced today, to give researchers and publishers more time to adapt to the changes the bold plan requires….”