MOOCs – your legal questions answered

This guidance is for staff in universities involved in developing Massive Open Online Courses (MOOCs), and considers the legal issues focusing particularly on the intellectual property rights (IPR) issues and data protection.

Study into licences used by Open Access journals

The Knowledge Exchange Licensing Expert Group has commissioned a study which examined which licences or licence provisions are being used by open access and hybrid publishers when making their publications available in open access. The study intended to identify a ‘best practice’ licence model framework and to formulate recommendations with respect to an OA licence structure, taking into account the commercial and non-commercial needs of authors as well as the publishers. The study was undertaken by Maverick Outsource Services Ltd. This led to the following recommendations for an optimum licence in an open access journal: The author retains copyright; The author or rightholder grants to all users a free, irrevocable, worldwide, perpetual right of access to the work, and besides a licence to copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works in any digital medium for any reasonable purpose, subject to proper attribution of authorship; A complete version of the work and all supplemental materials is deposited immediately upon initial publication in at least one online repository. This includes the permission as stated under 2, in a suitable standard electronic format; The copyright holder can retain the right to restrict commercial use if they wish; The copyright holder provides the publisher with permission to publish, subject to open accessibility of the work in online published form.

Meeting on Provisions in Licensing Incorporating new developments in daily licensing practice: Setting conditions for open access, patron driven access, and data & text mining

Following the workshop on new developments in daily licensing practice in November 2011, we brought together fourteen representatives from national consortia (from Denmark, Germany, Netherlands and the UK) and publishers (Elsevier, SAGE and Springer) met in Copenhagen on 9 March 2012 to discuss provisions in licences to accommodate new developments. The one day workshop aimed to: present background and ideas regarding the provisions KE Licensing Expert Group developed; introduce and explain the provisions the invited publishers currently use;ascertain agreement on the wording for long term preservation, continuous access and course packs; give insight and more clarity about the use of open access provisions in licences; discuss a roadmap for inclusion of the provisions in the publishers’ licences; result in report to disseminate the outcome of the meeting. Participants of the workshop were: United Kingdom: Lorraine Estelle (Jisc Collections) Denmark: Lotte Eivor Jørgensen (DEFF), Lone Madsen (Southern University of Denmark), Anne Sandfær (DEFF/Knowledge Exchange) Germany: Hildegard Schaeffler (Bavarian State Library), Markus Brammer (TIB) The Netherlands: Wilma Mossink (SURF), Nol Verhagen (University of Amsterdam), Marc Dupuis (SURF/Knowledge Exchange) Publishers: Alicia Wise (Elsevier), Yvonne Campfens (Springer), Bettina Goerner (Springer), Leo Walford (Sage) Knowledge Exchange: Keith Russell The main outcome of the workshop was that it would be valuable to have a standard set of clauses which could used in negotiations, this would make concluding licences a lot easier and more efficient. The comments on the model provisions the Licensing Expert group had drafted will be taken into account and the provisions will be reformulated. Data and text mining is a new development and demand for access to allow for this is growing. It would be easier if there was a simpler way to access materials so they could be more easily mined. However there are still outstanding questions on how authors of articles that have been mined can be properly attributed.