Version classiqueVersion mobile
OpenEdition Books

White Paper — Open Science in a Digital Republic

 | 
Scientific and Technical Information Department - CNRS

Appendix

Table summarising foreign legislation: Open access and TDM

Texte intégral

  • 1 The author of a scientific contribution which is the result of a research activity that is at leas (...)
  • 2 (1) The making of a copy of a work by a person who has lawful access to the work does not infringe (...)
  • 3 For the purpose of information analysis (‘information analysis’ means to extract information, conc (...)

Country

Principles

References

European Union
(since 2012)

Discussions on the introduction of TDM and open access in European regulations.

Recommendation of the European Commission “Access to and preservation of scientific information” of 17 July 2012, C(2012) 4890.

In April 2014, a group of EU experts published a report entitled Standardisation in the area of innovation and technological development, notably in the field of text and data mining.

In December 2014, the OpenAire project was set up and the Open Access Guidelines for Research Results Funded by the ERC were amended.

On 9 July 2015, the European Parliament adopted the Reda Report on the implementation of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, whose rapporteur was Julie Reda. It advocates:
- that it is essential to properly assess the enablement of automated analytical techniques for text and data (e.g. “text and data mining” or “content mining”) for research purposes.

Germany
(2013)

Recognition of a right for the authors of scientific texts to make their manuscripts available to the public on expiry of a period of 12 months.

Art. 38 (4) of the German Copyright Act,1 2013.

United Kingdom
(since 2013)

1/ Introduction of an exception for data searches.

1/ Copyright, Designs and Patents Act, Article 29A “Copies for text and data analysis for non-commercial research”, October 2014.2

2/ Dual solution set-up combining “green” and “gold” roads.

2/ Publication of a report on open access by the British Parliament in September 2013.

Spain
(2011)

If research is financed mainly by the government, a copy of the final version of the researcher’s article must be filed in an institutional or theme-based archive, as rapidly as possible and no later than 12 months after publication.

Act on Science, Technology and Innovation, Article 37, 2011.

Italy
(2013)

Work by researchers whose research is financed at least 50% by public funds must be published in open access journals or the final manuscript must be deposited in an institutional or theme-based archive within a time limit fixed by law.

Act on the Exploitation of Culture, 8 August 2013.

United States.
(since 2008)

1/ Introduction of legal provisions on the public dissemination of research work financed by the National Institutes of Health (NIH).
This Act provides that all articles published in journals as the result of work funded by the NIH must be deposited in the NIH’s own online open archive, the National Library of Medicine’s PubMed Central. Contracts with the publishers must allow it explicitly.

1/ Consolidated Appropriations Act, 2008.

2/ Presentation of the Fair Access to Science and Technology Research Act.

2/ The Fair Access to Science and Technology Research Act (FASTR) was submitted to Congress in February 2013.

3/ Recognition that TDM operations can be covered by the “fair use” exception.

3/ Case of Authors Guild versus Google (14 November 2013), in the framework of the implementation of a vast programme to digitise books and build up a universally accessible digital library.

Canada

Recognition of the principle that TDM operations can be covered by the “fair dealing” exception.

“Fair dealing” exception.

Japan
(2009)

Introduction of an exception for data searches.

Article 47 septies of the Japan Copyright Act,3 introduced in 2009.

Israel

Introduction of the concept of “fair use” in Israeli legislation and reflection on the application of the “fair use” exception to TDM operations.

Amendments to the Israel Copyright Act in 2007.

Argentina
(2013)

Creation of institutional repositories by research institutions, for depositing the results of research financed by public funds.

Act initiated by the Ministry of Science, Technology and Innovation on the creation of open digital and institutional archives, Act No. 26899, 2013.

Notes

1 The author of a scientific contribution which is the result of a research activity that is at least 50% publicly funded and which has appeared in a collection which is published periodically at least twice per year has the right, even if he/she has granted the publisher or editor an exclusive right of use, to make the contribution available to the public in the accepted manuscript version upon expiry of 12 months after first publication, unless this serves a commercial purpose. The source of the first publication shall be indicated. Any deviating agreement to the detriment of the author shall be ineffective.”

2 (1) The making of a copy of a work by a person who has lawful access to the work does not infringe copyright in the work provided that:
     
(a) the copy is made in order that a person who has lawful access to the work may carry out a computational analysis of anything recorded in the work for the sole purpose of research for a non-commercial purpose, and
     
(b) the copy is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).

(2) Where a copy of a work has been made under this section, copyright in the work is infringed if
     
(a) the copy is transferred to any other person, except where the transfer is authorised by the copyright owner, or
     
(b) the copy is used for any purpose other than that mentioned in subsection (1)(a), except where the use is authorised by the copyright owner.

(3) If a copy made under this section is subsequently dealt with
     
(a) it is to be treated as an infringing copy for the purposes of that dealing, and
     
(b) if that dealing infringes copyright, it is to be treated as an infringing copy for all subsequent purposes.

(4) In subsection (3), ‘dealt with’ means sold or let for hire, or offered or exposed for sale or hire.

(5) To the extent that a term of a contract purports to prevent or restrict the making of a copy which, by virtue of this section, would not infringe copyright, that term is unenforceable.”

3 For the purpose of information analysis (‘information analysis’ means to extract information, concerned with languages, sounds, images or other elements constituting such information, from many works or other such information, and to make a comparison, a classification or other statistical analysis of such information; the same shall apply hereinafter in this Article) by using a computer, it shall be permissible to make recording on a memory, or to make adaptation (including a recording of a derivative work created by such adaptation), of a work, to the extent deemed necessary. However, an exception is made of database works which are made for the use of a person who makes an information analysis.”

Lire

Open access

Acheter

Volume papier

Chargement

Unavailable