Workshop at the Internation Post-Doc Initaitive - IPODI (Technischen Universität Berlin) on June 15th on Copyright, Green Road and Golden Road of Open Access and Creative Commons licenses
Open Access 101: Copyright, Open Access and free licensing
1. OPEN ACCESS 101
Michaela Voigt | openaccess@ub.tu-berlin.de
University Library of TU Berlin | Workshop at IPODI Office on June 15th 2015
If not indicated otherwise content is licensed under CC BY 4.0
Creative Commons Attribution 4.0 International | https://creativecommons.org/licenses/by/4.0
Copyright, Open Access & free licensing
2. Agenda
I. German Copyright: Core principles
II. Open Access: Basics
a. Green Road
b. Golden Road
III. Creative Commons licenses
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
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4. Copyright protection
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• Author = creator of a work
• Supervisors of theses, student papers etc. are not considered to be creators
• Only natural persons (creators) can claim full copyright
• vs. rights holder: natural or legal person
WHO
• Protection of original works
• Ideas, concepts etc. are not protectable
• Work = intellectually created by a natural person (§ 2 UrhG) a.o.t
• Literary works
• Photographic works
• Cinematographic works
WHAT
• Protected by law
• No further registration necessary (in contrast to patents, trademarks, logos etc.)
• Copyright term: 70 years after the creator‘s death
HOW
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
5. Authors‘ Rights
• Right of first publication
• Recognition of authorship
• Right prohibit distortions of the work
Moral rights
(§§ 12–14)
• Reproduction
• Distribution
• Making available to the public
• Performance, presentation
• …
Exploitation
rights
(§§ 15–24)
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
6. Transfer of rights
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• Rights of use can be transfered (§ 31 UrhG)
• … for each type of use individually
• … limited in time (e.g. timespan of 5 years)
• … geographically limited (e.g. distribution within Europe)
• … as exclusive or non-exclusive right
Exploitation
rights
• Rights holder can use the work exclusively
• Even creator has to obtain rights for further use(s)Exclusive
• Rights holder can use the work
• Creator can transfer non-exclusive rights to different
(natural or legal) persons
Non-
exclusive
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
7. Publishing Agreements
Creator grants
Non-exclusive / exclusive rights
Rights to certain / all uses
Freedom of contract: contract partners negotiate terms
NB: inalienable right to self-archiving (cf. § 38 (4) UrhG)
Read your publication agreement and modify it if necessary!
Cross out sections where transfer of exclusive rights is
demanded
Retain rights with help of Author Addendum (SPARC Author's
Addendum recommended)
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
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10. Open Access Declarations
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Budapest
Open Access
Initiative:
Budapest
Declaration
Feb 2002
Bethesda
Statement on
Open Access
Publishing
June 2003
Berlin
Declaration
on Open
Access to
Knowledge in
the Sciences
and
Humanities
Oct 2003
11. Berlin Declaration
Open access contributions must satisfy two conditions:
1) The author(s) and right holder(s) of such contributions grant(s) to all users a free,
irrevocable, worldwide, right of access to, and a license to copy, use, distribute,
transmit and display the work publicly and to make and distribute derivative works, in
any digital medium for any responsible purpose, subject to proper attribution of
authorship (community standards, will continue to provide the mechanism for
enforcement of proper attribution and responsible use of the published work, as they
do now), as well as the right to make small numbers of printed copies for their
personal use.
2) A complete version of the work and all supplemental materials, including a copy of the
permission as stated above, in an appropriate standard electronic format is deposited
(and thus published) in at least one online repository using suitable technical
standards (such as the Open Archive definitions) that is supported and maintained by
an academic institution, scholarly society, government agency, or other well-
established organization that seeks to enable open access, unrestricted distribution,
inter operability, and long-term archiving.
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
12. Berlin Declaration
Open access contributions must satisfy two conditions:
1) The author(s) and right holder(s) of such contributions grant(s) to all users a free,
irrevocable, worldwide, right of access to, and a license to copy, use, distribute,
transmit and display the work publicly and to make and distribute derivative works, in
any digital medium for any responsible purpose, subject to proper attribution of
authorship (community standards, will continue to provide the mechanism for
enforcement of proper attribution and responsible use of the published work, as they
do now), as well as the right to make small numbers of printed copies for their
personal use.
2) A complete version of the work and all supplemental materials, including a copy of the
permission as stated above, in an appropriate standard electronic format is deposited
(and thus published) in at least one online repository using suitable technical
standards (such as the Open Archive definitions) that is supported and maintained by
an academic institution, scholarly society, government agency, or other well-
established organization that seeks to enable open access, unrestricted distribution,
inter operability, and long-term archiving.
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
13. Benefits of Open Access
Increased
visibility and
citation
advantage
Free access
to publicly
financed
research
results
Authors
retain
exploitation
rights
Good
findability by
search
engines &
other
indexing
services
Promote
international
and inter-
disciplinary
cooperation
Promote
research
efficiency by
rapid
discussion of
research
results
Improved
supply of
information
& response
to serials
crisis
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
14. Roads to Open Access
Golden Road Green Road
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
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Happiness Is Only Real When Shared, by Jose Roberto V Moraes, licensed
under CC BY 2.0
muhuhuhuhuh, by Alex4739924, licensed under CC BY-SA 3.0
16. Roads to Open Access: Green OA
In addition to
traditional Closed
Access publication
Deposit on
• Institutional repository
• Disciplinary repository
Usually no transfer
of further rights to
public
• Restricted re-use
Dependant on rights
holder‘s policy
• Embargo?
• Version?
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
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17. The choice is yours…
(1) Insitutional repository
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Text publications
Articles, book chapters
Conference contributions,
proceedings
Preprints, project reports
Theses
…
Research Data
Audio
Images
Software
Video
…
https://opus4.kobv.de/opus4-tuberlin
https://depositonce.tu-berlin.de/
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
18. The choice is yours…
(2) Cross-institutional and/or disciplinary repository
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And many more
Directory of Open Access Repositories (OpenDOAR) http://www.opendoar.org
Registry of Open Access Repositories (ROAR) http://roar.eprints.org/
Registry of Research Data Repositories (re3data) http://re3data.org/
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
https://www.econstor.eu/
http://biorxiv.org/
http://www.ncbi.nlm.nih.gov/pubmed
http://figshare.com/
http://arxiv.org/
http://datadryad.org/
http://cogprints.org/
http://zenodo.org/
http://www.ssoar.info/
19. Consider your institutional repository!
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Persistent Identifier (URN / DOI)
Objects are retrievable via
Library catalogue (e.g. TU Library,
KOBV, German National Library)
Search engines (the usual suspects)
Academic search engines (e.g. BASE,
Google Scholar)
Services for authors
Rights clearance service
Depositing service
Advise on free licenses
PDF/A support
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
21. Publishers‘ policies
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Many publishers allow self-archiving
Conditions can differ
Preprint, postprint or publisher‘s PDF?
Personal website, institutional repository, disciplinary repository?
Embargo of 6, 12 oder 24 month?
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
22. Publishers‘ policies II
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General information,
not legally binding
Database on journal
publishers‘ policies on
self-archiving
Policies for
monographic works
have to be checked
separately
http://www.sherpa.ac.uk/romeo/
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
23. Page 23
Authors may self-archive the author’s accepted
manuscript of their articles on their own websites.
Authors may also deposit this version of the article
in any repository, provided it is only made publicly
available 12 months after official publication or
later. He/ she may not use the publisher's
version (the final article), which is posted on
SpringerLink and other Springer websites, for the
purpose of self-archiving or deposit. Furthermore,
the author may only post his/her version provided
acknowledgement is given to the original source of
publication and a link is inserted to the published
article on Springer's website. The link must be
provided by inserting the DOI number of the
article in the following sentence: “The final
publication is available at Springer via
http://dx.doi.org/[insert DOI]”
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
24. Legal right to self-archive
§ 38 (4) German Copyright Law
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Can not be revoked as part of a publishing agreement
Periodical contributions only
Postprint only
12 month embargo
Valid for publications dating vom January 2014 or later
(…) scientific contribution which is the result of a research activity publicly funded by at least fifty
percent and which has appeared in a collection which is published periodically at least twice per
year (…)
(translated by Ute Reusch / juris GmBH)
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
25. Special Open Access rights
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Some publishers grant special open access rights as part of a licensing
agreement
Germany: e.g. „Allianz-Lizenz“ and „Nationallizenz“
Conditions can differ
Postprint or publisher‘s PDF?
Personal website, institutional repository, disciplinary repository?
Embargo of 6, 12 oder 24 month?
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
26. Get permission from publisher
Publisher does not have official OA policy?
Legal right to self-archive does not apply?
No special OA rights known or in existance?
It does not hurt to ask!
Often, not always, publishers grant the right when asked directly…
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
27. Self-archiving
Publishers‘
policies
Legal right
Special OA
rights
Get permission
from publisher
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It‘s often difficult to decide whether the legal right to self-archiving
applies or what a publisher‘s policy on self-archiving is exactly.
We are happy to help. Please contact us:
openaccess@ub.tu-berlin.de
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
29. Roads to Open Access: Gold OA
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Access to peer
reviewed version
• Immediatedly
• Online
• Worldwide
• Free of cost
Transfer of rights to
public
• Copy
• Share
• Distribute
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
30. Again, the choice is yours…
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And many more
Directory of Open Access Journals (DOAJ) http://doaj.org/
Directory of Open Access Books (DOAB) http://www.doabooks.org/
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
31. Business and publication models
Publication types
Journals, series,
monographs, …
Publishing models
E-only
Hybrid
OA is not free of cost
Business models e.g.
Article processing charge (APC)
Membership models
Institutional sponsorship
Subscription fees for hybrid
model
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
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32. What about quality?
OA is not per se indicator on quality
OA = publishing model
Just like in closed access world: publishers and editors have to
ensure quality
When choosing a publisher make sure…
Professional management
Proper peer review
Proper license
Check out Beall‘s List on predatory OA publishers (esp. Criteria for
determining…)
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
33. Recommendations
• Check out OA alternatives in your
discipline
• Ask library or programm manager for
help
Publish Open Access!
• Proper licensing (CC BY)
• Professional publisherGo Gold OA!
• Read publishing contracts &
negotiate terms
• Retain rights to self-archive
• Keep post prints
Gold OA not possible?
Go Green OA!
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
35. CC in a nutshell
Non-profit organization
Founded in 2001 in USA
Version 1.0 of licenses released in 2002
Licenses developed in the US
Intended for international use
License modules evolved over the years
Latest version is 4.0 of 2013
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
36. Why CC licenses?
Use creative potential: facilitate use and
distribution of works
Apply copyright in the digital world
(c) All rights reserved
(cc) Some rights reserved
Tool to expand default values of
copyright
Rights and duties for creators & users
Licensor cannot revoke these freedoms
as long as you follow the license terms
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Figure by Timothy Vollmer (cc) 2013, licensed
under CC BY 4.0 International
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
37. Modular design
Page 37
4 license modules 6 possible types of licenses
BY: Attribution
SA: Share-alike
NC: Non-commercial
ND: No derivatives
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
38. License elements
Legal code
Human readable version (commons
deed)
Machine readable version
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
Three “Layers” Of Creative
Commons Licenses by Creative
Commons, licensed under CC
BY 3.0 Unported
39. Legal code
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
40. Human readable version (commons deed)
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
42. License terms
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Always
allowed
• Reproduce
and distribute
• Perform
publicly
Always
mandatory
• Give
attribution
• Link to source
• Link to
license
Possibly further
restrictions
• Example 1:
commercial
use
• Example 2:
derivatives
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
43. Why not…?
NC – Non-
commercial
• Notion “non-
commercial” not
clearly defined
• Prohibition of
uses that you
actually would
want to allow
SA – Share-
alike
• Threat of license
incompatibility for
further uses
• Princible of
“copyleft” applies
to “adaptations”
only – partly
difficult to
distinguish: what
is an adaptation?
ND – No
Derivatives
• Partly difficult to
distinguish: what
is an adaptation
or derivative?
• Not compatible
with demand to
re-use of open
access works
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
44. Why not…?
NC – Non-
commercial
• Notion “non-
commercial” not
clearly defined
• Prohibition of
actually desired
uses
SA – Share-
alike
• Threat of license
incompatibility for
further uses
• Princible of
“copyleft” applies
to “adaptions”
only – partly
difficult to
distinguish: what
is an adaptation?
ND – No
Derivatives
• Partly difficult to
distinguish: what
is an adaptation
or derivative?
• Not compabtible
with demand to
reuse of open
access works
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Only CC BY complies with demands to re-use
open access works.
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
45. NC – Non-commercial
Legal code does not define “commercial” clearly
So far there is no clear (German) court ruling to interprete term “non-commercial”
When in doubt it‘s better to abstain from using a NC-licensed work
Recommendation: avoid NC modul when licensing own (scholarly) works
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You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended
for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for
other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or
directed toward commercial advantage or private monetary compensation, provided there is no payment of any
monetary compensation in connection with the exchange of copyrighted works.
(see 4. b of CC BY NC 3.0 legal code)
A commercial use is one primarily intended for commercial advantage or monetary compensation.
(see tool tip for “commercial purpose“ in CC BY NC 3.0 commons deed)
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
46. SA – Share-alike
SA module applies to adaptations “only”
Goal: extend pool of freely licensed works
Most commonly known user: Wikipedia
NB: what does “adaptation” mean?
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You may Distribute or Publicly Perform an Adaptation only under the terms of:
(i) this License;
(ii) a later version of this License with the same License Elements as this License;
(iii) a Creative Commons jurisdiction license (either this or a later license version) that contains the same License
Elements as this License (e.g., Attribution-ShareAlike 3.0 US));
(iv) a Creative Commons Compatible License.
(see 4. b of CC BY SA 3.0 legal code)
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
47. ND – No Derivatives
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“Adaptation” means a work based upon the Work, or upon the Work and other pre-existing works, such as a
translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or
phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be
recast, transformed, or adapted including in any form recognizably derived from the original, except that a work
that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance
of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-
relation with a moving image (“synching”) will be considered an Adaptation for the purpose of this License.
(see 1. a of CC BY-ND 3.0 legal code)
Adaptation – yes or no?
Strictly technical changes and
copies?
No, see CC-Lizenztextlesung (Video in German, cf. 00:35:00)
Use a CC-licensed song to
add music to a video?
Yes, see CC-Lizenztextlesung (Video in German, cf. 00:36:50)
Inclusion in collection? No, see paragraph 1. a CC BY 3.0 legal code
Trim or colorize a photo? Maybe: trimming a photo is an adaptation if it changes the
photo‘s message (cf. court ruling OLG Köln, Urteil vom
31.10.2014, Az. 6 U 60/14)
Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
48. Contact
openaccess@ub.tu-berlin.de
Michaela Voigt 030 314 76130
Dagmar Schobert 030 314 76127
www.ub.tu-berlin.de/
http://blogs.ub.tu-berlin.de/openaccess/
@UB_TU_Berlin
http://de.slideshare.net/UB_TU_Berlin
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
49. Source credits
“What Is the Problem?” graphic, content by Jill Cirasella / graphic design by Les LaRue,
http://www.leslarue.com/, licensed under a Creative Commons Attribution-ShareAlike 3.0
Unported License
Happiness Is Only Real When Shared, by Jose Roberto V Moraes, licensed under CC BY 2.0
muhuhuhuhuh, by Alex4739924, licensed under CC BY-SA 3.0
Fix copyright figure by Timothy Vollmer (cc) 2013, licensed under CC BY 4.0 International
Three “Layers” Of Creative Commons Licenses by Creative Commons, licensed under CC BY 3.0
Unported
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
50. Further reading
Information provided by the University Press: http://verlag.tu-berlin.de/
TU Berlin, Referat V D: Leitfaden Urheberrecht der Technischen Universität Berlin (13.11.2014)
Beall, Jeffrey
Beall‘s List on predatory OA publishers
Criteria for Determining Predatory Open-Access Publishers
Creative Commons:
Frequently Asked Questions
Best practices for attribution instruction incl. Examples for how to mark CC-licensed works
License Versions information on backround, history and differences between the different
versions of CC licenses
SHERPA/RoMEO Database on journal publishers‘ policies on self-archiving
Directory of Open Access Journals (DOAJ)
February 2015: more than 10000 scholarly OA journals documented
Directory of Open Access Books (DOAB)
February 2015: more than 2700 OA books by approx. 90 publishers documented
Allows search for publishers that publish OA books
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015
51. Further reading (2)
SPARC Author's Addendum
Klimpel, Paul: Freies Wissen dank Creative-Commons-Lizenzen. Folgen, Risiken und
Nebenwirkungen der Bedingung »nicht-kommerziell - NC« (2012)
Kreutzer, Till: Open-Content-Lizenzen. Ein Leitfaden für die Praxis (2011)
pb21.de: CC-Lizenztextlesung – Juristen und Pädagogen erklären die Creative Commons
Lizenzen (2014) legal experts Till Kreutzer and John H. Weitzmann comment on and explain
legal code of CC licenses (Video in German, approx. 2 h 10 min)
Search for Creative Commons-licensed content
Wikimedia Commons: search for freely licensed images, audio and video material
Flickr: allows filtering for CC licensed content (see Advanced search)
Google Bilder: after submitting a query select “search tools” and filter for “usage rights”
open-access.net Information platform about Open Access
a.o.t. information on legal issues and business models
see FAQ for authors
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Open Access 101 | Michaela Voigt | Workshop at IPODI Office on June 15th 2015