copyright reform and text and data mining

UCL LIBRARY SERVICES

Copyright Reform and Textand Data Mining

Dr Paul Ayris

Director of UCL Library Services and UCL Copyright OfficerChief Executive, UCL PressChair of the LERU community of Chief Information OfficersAdviser to the LIBER (Association of European Research Libraries) Board on

EU matters and Horizon 2020

e-mail: [email protected]


Contents

1. Copyright reform

2. Text and Data Miningfor education andresearch

3. Next Steps in 2014-15

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Plaster Relief by John Flaxman, Flaxman Gallery, UCL


Contents

1. Copyright reform



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EU Copyright Consultation

EU held public Consultationon Copyright reform (ended5 March 2014)

Seehttp://ec.europa.eu/internal_market/consultations/2013/copyright-rules/index_en.htm

9,500 replies to theconsultation document anda total of more than 11,000messages

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Key Messages from research universities

EU Copyright and DatabaseDirectives need reform

Ensure that Exceptions forlibraries and researchers area right that cannot beoverridden by contract

Accommodate the universityknowledge transfer agendaby removing the requirementon these institutions toensure that all exceptionbased research copying is“non-commercial”

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A Box of Useful Knowledge

(Brougham Papers, UCL Library Services)


And more…

Support internationalcollaboration byharmonising copyrightexceptions and limitationsand ensuring that theywork across borders

Allow libraries to digitisecontent that is unavailablecommercially

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Andrew Amos 1791–1860, Professor of EnglishLaw at UCL,1827-34. Lecture Notes


And yet more…

Increase the availability ofdigital content by reducingthe term of copyright

Introduce flexibility in thecopyright regime to ensurethat each and everynoncompeting and non-rivalrous use of an in-copyright work does notrequire many years oflegislative revision

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Justinian’s ‘Pandects’. A parchment fragment fromthe 14th century, consisting of one double folioleaf. UCL Library Services


What has happened since the end of theConsultation?

Fight for copyright reform

World Intellectual PropertyOrganization meeting inGeneva 3 May 2014

Rejection of EuropeanPublishers’ Councilcopyright vision

Statement from EUCommission in July 2014on outcome of Consultation

8Art Nouveau, Riga, Latvia


WIPO meeting (May 2014) in Geneva

Discussions by the WorldIntellectual PropertyOrganisation (WIPO) StandingCommittee on Copyright &Related Rights (SCCR) brokedown in the early hours ofSaturday morning May 3, 2014

European Union (EU)attempted to block futurediscussion of copyright laws toaid libraries and archives fulfiltheir missions in the digitalenvironment 9

See http://libereurope.eu/news/eu-causes-collapse-of-wipo-meeting/


EU kills copyright deal

“The position taken by the EU delegation in Genevacontrasts strongly with current discussions at Europeanlevel, where it has been recognised that copyrightexceptions for libraries are essential, and must beharmonised in order to facilitate international research andinnovation in the age of Science 2.0. The conservativeposition taken at SCCR 27 in Geneva this week istherefore deeply disappointing. It does not supportresearch and education and hampers Europeanresearchers in their use of new tools and services”

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LIBER / LERU react to European PublishersCouncil’s rejection of TDM Exception

“In our [EPC]’s view this is “asnare and a delusion”perpetrated by those intent ongaining free access to thewidest possible body ofcopyright works in the name ofresearch, going way beyondscientific journals, to works ofall published authors, as wellas Europe’s news media andentertainment.” (p. 48)

See http://libereurope.eu/wp-content/uploads/2014/07/LIBER-EPC-letter-v2.pdf 11

We do not recognise therequest for an Exception inEuropean copyrightframeworks toaccommodate Text and DataMining as ‘a snare and a

delusion’


EC Statement in July 2014

17 July - Commission says itwill not be issuing a CopyrightWhite Paper in response toCopyright Consultation

Neelie Kroes marshalledarguments against MichelBarnier’s proposed paper ‘Reforming copyright is ‘a major,

essential part’ of the EU’scommitment to creating a singledigital market’

Seehttp://libereurope.eu/blog/european-commission-thinks-again-on-copyright-white-paper/

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Contents

1. Copyright reform



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Text and Data Mining (TDM) – what is it?

TDM derives informationfrom machine-readmaterial

It works by copying largequantities of material,extracting the data, andrecombining it to identifypatterns

Essential aspect ofScience 2.0 or OpenScience

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LIBER TDM Factsheet athttp://www.libereurope.eu/sites/default/files/Text%20and%20Data%20Mining%20Factsheet.pdf


TDM

Less TDM activity isundertaken in Europe thanother parts of the globe,partly because of Europeancopyright frameworks

Publishers offering licencesfor TDM which are limiting

EU TDM Expert Group hasargued for an Exception forTDM in EU copyright laws

http://ec.europa.eu/research/innovation-union/pdf/TDM-report_from_the_expert_group-042014.pdf

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LIBER TDM Workshop, London 2013

Or a broader change inthe form of an opennorm or an interpretiveinstrument


Publishers’ TDM licences - Elsevier

18 research organisations have asked Elsevier towithdraw its TDM licence

Presenting researchers with no other option but toregister their details and agree to a click-throughlicence, the terms of which can change at any time,in order to gain access to content for the purposeof TDM is unacceptable. It places undue liability onthe researcher and undermines the role of theinstitution as an intermediary tasked with protectingits researchers’ privacy, as well as its ability toprotect its intellectual capital

See http://libereurope.eu/wp-content/uploads/2014/07/Open-Letter-To-Elsevier1.pdf

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Publishers’ TDM licences - Elsevier

The licence for access to content should notlimit the choice of text and data mining toolsavailable to researchers, neither thosedeveloped by the researcher themselves orprovided by a third party

Rather than putting technical measures inplace to prevent crawling by robots, publishersshould encourage the adoption of protocols forresponsible crawling of content, which wouldensure that the load placed on publishers’servers by TDM activities remains negligible

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Contents

1. Copyright reform



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Next Steps

Copyright reform isessential forresearchers to dotheir work in the ageof Science 2.0

In new Commission,copyright reform nolonger with DGInternal Market andgiven to DGConnect (now DGDigital Economyand Society)

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UCL (University College London)


Next Steps

As Vice-President for the Digital SingleMarket, former Estonian Prime MinisterAndrus Ansip will "steer and coordinatethe work of several Commissioners, inparticular the Commissioners for DigitalEconomy and Society; Internal Market,Industry, Entrepreneurship and SMEs;Employment, Social Affairs, Skills andLabour Mobility; Justice, Consumers andGender Equality; Economic and FinancialAffairs, Taxation and Customs; RegionalPolicy; and Agriculture and RuralDevelopment“

Watch this space…20


Next Steps for LERU

Continue to work with otherresearch organisations toobtain TDM Exception

Lobby: new Commission staff

MEPs

Aim for Exception for TDMin next 12 months

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And finally…

Thanks for listening

Happy to answer anyquestions

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copyright reform and text and data mining

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