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Open Science, Legal issues & Licenses by Martina Trognitz & Vanessa Hannesschläger Meet the Researchers @ ACDH 18.2.2020 - Vanessa Hannesschläger Open Science «Knowledge is open if anyone is free to access, use, modify, and share it — subject, at most, to measures that preserve provenance and openness.» [Open Definition] Open Science ❟ What is it? ╶ the movement to make scientific research accessible to everyone ╶ includes different aspects ╶ FAIR principles (Findable, Accessible, Interoperable, and Reusable) [Markus Büsges, leomaria designbüro [CC BY-SA 4.0], Wikimedia Commons] Open Science ❟ What is it good for? ╶ shareable and transparent knowledge ╶ public funded research becomes publicly available ╶ reproducibility is increased ╶ more collaboration [Danny Kingsley & Sarah Brown [CC BY 4.0], Wikimedia Commons] Open Access ● Online distribution of research outputs (e.g. publications) free of cost or other barriers with an open license. ● Links ○ Directory of Open Access Journals (DOAJ) https://doaj.org/ ○ Open Knowledge Maps https://openknowledgemaps.org/ ○ Variants, described on Wikipedia https://en.wikipedia.org/wiki/Open_access ○ Movie: Paywall https://paywallthemovie.com/ [art designer at PLoS [CC BY-SA 3.0], Wikimedia Commons] Open Data ❟ Data that is free and open data without any restrictions. It also should have an open license. ❟ Links ╶ Open Data Portal https://www.opendataportal.at/ ╶ Wikidata, Scholia https://www.wikidata.org/ ╶ OpenDOAR http://v2.sherpa.ac.uk/opendoar/ ╶ re3data https://www.re3data.org Open Source ● Use and creation of free and open (e.g. source code available) soft- and hardware. ● Links ○ Open Source Definition https://en.wikipedia.org/wiki/The_Open_Source_Definition ○ It’s FOSS https://itsfoss.com/ ○ GitHub; also ACDH@GitHub https://github.com/ ○ Research Software Engineer Association https://rse.ac.uk/ Open Peer Review ● A review that is open. It includes publishing the reviewer’s names, the comments, the revisions etc. ● Useful links ○ Open Science Peer Review Oath https://doi.org/10.12688/f1000research.5686.2 ○ FOSTER, materials https://www.fosteropenscience.eu/learning/open-peer-review ○ Example https://f1000research.com/articles/6-588 Open Methodology ● Opening and openly documenting the used methods and processes ● Useful links ○ https://ag-openscience.de/open-methodology/ Open Educational Resources ● Provide and use free educational resources ● Useful links ○ The Programming Historian https://programminghistorian.org/ ○ Wikiversity https://de.wikiversity.org/ ○ Wikibooks https://en.wikibooks.org/ ○ Software Carpentry, Fork at ACDH https://software-carpentry.org/lessons/ Citizen Science ● Research done together with the general public or even only be the general public. ● Links ○ Zooniverse https://www.zooniverse.org/ ○ Ancient Lives https://www.ancientlives.org/ ○ Citizen Science Center, Smithsonian http://www.citizensciencecenter.com/volunteer-smithsonian-home/ ○ PARTHENOS training https://training.parthenos-project.eu/sample-page/citizen-science-in-the-digital-arts-and- humanities/ ○ Österreich forscht https://www.citizen-science.at/ Know More ● Open Definition http://opendefinition.org/ ● FOSTER Open Science https://www.fosteropenscience.eu/ ● Open Knowledge Foundation https://okfn.org/ ● Open Science Network Austria https://www.oana.at/ ● openscienceASAP http://openscienceasap.org/ ● AG Open Science https://ag-openscience.de/ ...and More ● J. Tennant et al. (2019) Foundations for Open Scholarship Strategy Development DOI: 10.31222/osf.io/b4v8p ● M. Nielsen, TEDx http://michaelnielsen.org/blog/open-science-2/ ● Workshop slides (>400 tools) http://tinyurl.com/vienna-openscience ● Funding https://de.wikiversity.org/wiki/Wikiversity:Fellow-Programm_Freies_Wissen & https://foundation.mozilla.org/de/opportunity/mozilla-open-leaders/ ...and More ● ACDH Tool Gallery 5.2: Open Science methods & tools for DH scholars https://www.oeaw.ac.at/acdh/events/event-series/acdh-tool-gallery-52/ What’s holding us back? - Urheber*innenrecht A fundamental Human Right … Universal Declaration of Human Rights, Article 27 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. The Janus head of scholarship: Scholars are (re-)users of others’ works and Scholars are creators of works International common principles of “Copyright” / IPR “Work” ● Original literary and artistic works ● Expressions, not ideas, are protected Territoriality principle ● National law stops at border ● Apply law of the place where the infringement happened Common principles within Europe “Author” ● natural person ● actual creator (BE/NL: if not explicitly named and previously agreed in a contract, authorship can be claimed by an institution as employer) Attributes ● duration: 70 years p.m.a ● no registration necessary, right manifests at creation ● distinction between moral rights and economic rights Exceptions ● right to private use (non-commercial, individual): “home-copy” ● citation (scientific, criticism, news, caricature) ● non-commercial, closed circle presentation (not necessarily making available!) for education and research Moral rights No waiver possible! Protection of Authorship Protection of Designation Protection of Integrity of the Work → in Common Law (US/UK): Work for Hire / Copyright Waiver / Public Domain Exploitation rights Example: Austria ● Adaptation, edition and translation ● Reproduction ● Distribution ● Broadcasting ● Performance and demonstration ● Making available (to the public) Licenses ● What is it? ○ an official document that gives you permission to own, do, or use something ● Why does it matter? ○ «Providing a licence for your data makes it reusable and clearly describes the rights you give potential reusers. Reusing data with a licence is easier than without.» [ARCHE, FAQ] Principles What can be licensed? any “works“ ● … to which you own the rights ● … taking into account (exclusive) publishing contracts, work contracts, co-authors! What cannot be licensed? ● public domain works ● raw data (usually not “work”: originality and individual creation) “A license is a formalized promise not to sue!“ (Pawel Kamocki) Only the rights holder can license! Common categories: attribution, re-use, non-commercial Creative Commons http://www.creativecommons.org/ Commons are resources (cultural, natural) that should be freely available and accessible to all members of society – they are not owned individually but a common good. ● “Creative Commons helps you share your knowledge and creativity with the world.” ● “universal access to research and education and full participation in culture for a new era of development growth, and productivity.” ● for licensing “creative content” ● since 2001 ● current version 4.0 (up to 3.0: national versions) Creative Commons [by] attribution [by sa] attribution – share alike [by nd] attribution – no derivatives [by nc] attribution – non-commercial [by nc sa] attribution – non-commercial – share alike [by nc nd] attribution – non-commercial – no derivatives [ 0 ] no rights attached (~ public domain) Licenses - Example ❟ Creative Commons ⁻ CC-BY (§ legal code) «This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials.» [Creative Commons] ❟ Information: https://creativecommons.org/licenses/ ❟ Select: https://creativecommons.org/choose/ Licenses ● OANA https://www.oana.at/arbeitsgruppen/ag-rechtliche-aspekte-von-open-science/ ● CLARIN https://www.clarin.eu/content/legal-information-platform ● ELDAH https://eldah.hypotheses.org/ ● License Selector https://ufal.github.io/public-license-selector/ ● Forschungslizenzen.de http://forschungslizenzen.de/ ● Year of Open https://www.yearofopen.org/perspective/open-licensing/ ● Open Definition Guide https://opendefinition.org/guide/ ● Open Source Initiative https://opensource.org/licenses ● CLARIN LINDAT License Selector https://ufal.github.io/public-license-selector/ Open Science and the Data Life Cycle ❟ ianus-fdz.de/it-empfehlungen/lebenszyklus ❟ ukdataservice.ac.uk/manage-data/lifecycle [Marina Trognitz [CC BY 4.0]].
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