This webinar discusses Creative Commons licensing within South African scholarly journals. Dr. Tobias Schonwetter from the University of Cape Town will explain the legal mechanisms behind open access publishing, including copyright and open licensing. Creative Commons licenses provide a standard way for authors to grant permission for others to share and reuse their work. The presentation will cover the different CC license options and how to apply them to published works. Questions from attendees can be asked in the chat box.

1. Welcome to the webinar on
Creative Commons Licensing within a South
African Scholarly Journal Context
Dr Tobias Schonwetter
Director: IP Unit, Dept. of Commercial Law, University of Cape Town
27 May 10:00 – 11:00
Programme Director: Susan Veldsman (Director: SPU, ASSAf)
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2. This
presenta,on
is
not
about
WHY
we
should
have
Open
Access
Academic
Publishing;
it’s
about
the
legal
mechanism
behind
Open
Access
Publishing

4. <In a nutshell: OA objectives>

5. <Background>
Many argue that the current model of publishing is
somewhat broken and OA is an attempt to develop a new
model that ensures fairer and broader distribution of
knowledge material.

6. Funder
pressure
to
publish
openly

7. Funder
pressure
to
publish
openly

8. Ins,tu,onal
OA
Policies

9. UCT is not an early adopter – 200+ universities worldwide have
OA mandates or policies
But there are few universities in Africa, and in SA only
UNISA has an OA policy

10. <Open Access Policy: key provisions>
Sec 5.1:
Peer reviewed articles must be deposited into UCT’s digital repository, unless
publisher agreement contains restrictions (“deposit or explain”)
UCT encourages employees and students to make all forms of scholarship
available and to publish in peer reviewed OA journals
UCT discourages copyright to be assigned to publishers if publisher restricts sharing
Sec 5.3:
Students shall upload final versions of theses to digital repository prior to graduation.
Sec 5.2 & 5.5:
UCT Libraries responsible for institutional repository and for managing and
implementing the OA policy

12. <to fully understand why we need open licences
here we need to briefly talk about copyright>

13. “Copyright is the exclusive
right in relation to work
embodying intellectual content to
do or to authorize to do
certain acts in relation to
that work.”

14. Protected works in
1. Literary, musical and artistic works
2. Cinematograph films
3. Sound recordings
4. Broadcasts
5. Computer programs

15. 1. reproduce
2. make adaptations
3. broadcast
4. distribute
5. perform
6. display in public
7. cause a work to be transmitted in a diffusion service
Exclusive (economic) rights (“certain acts”)

16. Basic requirements for copyright protection
§ Originality
§ Material form
§ (Qualified person)
no registration necessary
the idea itself is NOT protected

17. ü depending on the nature of work
ü rule of thumb for literary works: end of
the year in which author dies + 50 years,
Duration of copyright protection in

18. Default & automatic All Rights Reserved situation

19. Author = owner
<Ownership>
but in employer-employee relationships –
incl. in educational settings - the
employer usually owns the copyright

20. <UCT IP Policy: key copyright provisions>
Sec 8.1: UCT holds copyright in, e.g.:
Multiple choice tests and examination answers
Syllabuses & Curricula
Computer software developed at UCT
UCT publications (Monday paper, websites etc)
Sec 8.2 & 8.3: UCT assigns copyright to author for, e.g.:
Scholarly publications
Art, music, films
Course materials (but UCT retains perpetual licence)
Student theses (subject to licence)
“UCT supports the publication of materials under Creative
Commons licences to promote the sharing of knowledge and the
creation of Open Educational Resources.”
(sec 9.2)

21. <dealing with copyrights>

22. Assignment
transfer of rights
permission to make
use of copyrighted
material
Licensing

23. <OA publishing and open licensing>

25. Open
educa5onal
resources
are
educa,onal
materials
and
resources
offered
freely
and
openly
for
anyone
to
use
and
under
some
open
licenses
to
re-­‐
mix,
improve
and
redistribute,
including
learning
content.

26. Open
Access
is
the
prac,ce
of
providing
unrestricted
access
via
the
Internet
to
peer-­‐reviewed
scholarly
journal
ar5cles.
Open
Access
is
also
increasingly
being
provided
to
theses,
scholarly
monographs
and
book
chapters.

27. hBp://www.slideshare.net/AndyPriestner1/open-­‐access-­‐at-­‐cambridge-­‐judge-­‐business-­‐school-­‐29-­‐november-­‐2013

29. The
legal
mechanism
behind
OA
and
OERs
are:
open
licences!

30. Remember: © creates a default & automatic All Rights
Reserved situation

31. There are many different open licences – but CC is the most
widely used open licence for literary works and music.

33. <Creative Commons>

34. Creative Commons provides free licences that make it
easier for people:
to disseminate their works and
share and build upon the work of others
consistent with the rules of copyright.

35. A set of pre-formulated licences

37. 6 licences to choose from, by combining 4 key licence terms

38. Distinguish 2 scenarios:
use of (third party) open material / open distribution of your material

39. If you want to use CC licensed material created by others, just
look out for a symbol like this:
or

42. Human readable deed / lawyer readable licence /
machine readable code

43. Combining openly licensed material in a new work can be a
bit tricky though…

44. If you want to licence your material under a CC licence,
upload it to a platform that distributes content openly…
www.creativecommons.org

46. …or go to
www.creativecommons.org

47. And follow the instructions on the website to attach
the chosen licence to your work.

50. More information:
http://ip-unit.org/wp-content/uploads/2015/02/CC-Guidelines.pdf

51. And if I am an editor / publisher?

52. Make sure, you have the necessary rights to publish under
an open licence (contract with contributors / deal with &
educate about third party content)

54. Lastly: Elsevier

55. 2012

56. 30 April 2015

58. Key criticism
• Embargo periods are too long (up to 48 months)
• Authors have to apply an NC and ND licence when
depositing into repositories
• Policy applies to “all articles previously published
and those published in the future”

59. Thank
you
very
much!
Questions?

60. Creative Commons Licence
This presentation is the work of Dr. Tobias Schonwetter.
tobias.schonwetter@uct.ac.za
@tobyschonwetter
It is licensed under a
Creative Commons Attribution-ShareAlike 4.0 South Africa License.
To view a copy of this license, visit
http://creativecommons.org/licenses/by-sa/4.0/za/