Rights to intellectual property in scholarly publishing

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Intellectual Property
Rights To

• In Scholarly Publishing

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What is intellectual property?

• It is a legal concept that refers to creations of
  the mind for which exclusive rights are recognized

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Under intellectual property law, owners are
granted certain exclusive rights to a variety of
intangible assets, such as musical, literary, and
artistic works discoveries and inventions and
words, phrases, symbols, and designs.
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Lets simplify this further
Business owners Get exclusive rights to use
their trademarks
Creative artistes Get copyrights on the
musical, literary, dramatic and artistic
pieces they create
Innovators (including scientists and
researchers) Can protect their discoveries,
patents, industrial designs, confidential
information, etc.
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Types of intellectual property rights
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CC licenses

• CC licenses are
• Standard form license agreements that can be
  attached to a work so that it can be used under
  certain circumstances without the need to contact
  the author or negotiate terms of use
• Granted free of cost by Creative Commons (CC), a
  non-profit organization headquartered in the
  United States

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6 Types of CC licenses
Attribution (CC BY)
Attribution-ShareAlike (CC BY-SA)
Attribution-NoDerivs (CC BY-ND)
Attribution NonCommercial (CC BY-NC)
Attribution-NonCommercial- ShareAlike (CC
BY-NC-SA)
Attribution-NonCommercial-NoDerivs (CC BY-NC-ND)
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More about CC licenses

• CC licenses are based on copyrights. They change
  all rights reserved to some rights reserved.

All CC licenses are BY (attribution) licenses by
default.
Basic criteria for getting a CC license are that
the work should be copyrightable and should be
owned by the applicant.
CC licenses are irrevocable.
CC licenses are particularly useful for people
who want to share their work as broadly as
possible on the Internet.
CC is a non-profit organization, so keeping track
of any breaches in the use of work under CC
licenses is the responsibility of the license
holder.
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Science Commons

• Science Commons was launched by Creative Commons
  in 2005 to enable easier sharing of scientific
  knowledge with the entire scientific community.

People are free to use an article under Science
Commons in professional activities, such as
teaching, conference presentations, lectures, and
in other scholarly works.
Many open access publishers such as PLOS and
BioMed Central use CC licenses. Even Nature
Publishing Group uses these licenses for some of
its journals.
Science Commons licenses provide sufficient
rights to post a copy of the published version of
an article online without a charge.
Science Commons projects try to mark all
available research data online and streamline it
for easier use.
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Copyright

• Its a legal concept, enacted by most
  governments, giving the creator of an original
  work exclusive rights to it, usually for a
  limited time.

• In most cases, a work does not have to be
  published to be copyrighted
• A copyright protects the form of expression
• A copyright is usually territorial or holds good
  only within the country of origin, unless
  protected by international treaties

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Patents
They provide legal protection for an invention.
They give inventors property rights that, in
exchange for public disclosure of the invention,
prevent anyone else from making, using, or
selling the patented invention.
The procedure for granting patents, requirements
placed on the patentee, and the extent of the
exclusive rights vary widely between countries,
according to national laws and international
agreements.
Patents are not global or universal theyre
territorial.
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Summary
CC licenses Copyrights Patents
Applicable worldwide Territorial, unless protected by international treaties Territorial, unless protected by international treaties
Have to be applied for Need no application automatic Have to be applied for and need renewal
Irrevocable Applicable for a fixed period can be revoked Fixed time duration can be revoked
Some rights reserved All rights reserved Varies
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Sources

• http//en.wikipedia.org/wiki/Creative_Commons
• http//wiki.creativecommons.org/Frequently_Asked_Q
  uestions
• http//www.wired.co.uk/news/archive/2011-12/15/wha
  t-does-creative-commons-mean-for-science
• http//en.wikipedia.org/wiki/Copyright
• http//en.wikipedia.org/wiki/Patent
• http//creativecommons.org/
• http//sciencecommons.org/about/
• http//www.flaticon.com/

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writing or publication, visit
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