Queensland University of Technology CRICOS No. 000213J The Open Access to Knowledge (OAK) Law Project Professor Brian Fitzgerald Head of the School of

Queensland University of Technology

CRICOS No. 000213J

The Open Access to Knowledge (OAK) Law

Project

Professor Brian Fitzgerald

Head of the School of Law

Queensland University of Technology

[email protected]

Scott Kiel-ChisholmProject ManagerSchool of [email protected]

CRICOS No. 000213Ja university for the worldrealR

OAK Law Project

• The project started out as Legal Protocols for Copyright Management: Facilitating Open Access to Research at the National and International Levels.

• This project aims to ensure that people can legally and efficiently share knowledge across domains and across the world.


OAK Law Project

Proudly funded by

DEST


The Objectives

• The project will develop legal protocols for managing copyright issues in an open access environment and investigate provision and implementation of a rights expression language for implementing such protocols at a technical level.

• At both levels, legal and technical, the project will integrate with existing open access repositories. The significance of the project is that it will provide a vital infrastructure to the open access landscape that does not adequately exist at the moment.


To this end that stated aims of the project are to facilitate open access to public funded

research by: 1. Developing or adopting a set of legal protocols and generic

licences that can be used to negotiate and transact (share) research in the form of digital content in an online environment. [Legal Protocols and Solutions].

2. Implementing technological mechanisms to improve open access through employment and further development of Rights Expression Language (REL) [REL].

3. Application of Protocols, Solutions and REL to existing and proposed repositories ARROW, ADT, APSR, BlueNet, MMIM, DART, RUBRIC [Application and Integration].


Relationship with Other DEST SII Projects and JISC Projects

1. We have made contact with the other members of the DEST SII projects including:• Andrew Wells (ADT);• James Dalziel (MAMS);• Andrew Treloar, Derek Whitehead (ARROW), Jane Hunter and

Xiaofang Zhou (DART);• Adrian Burton and Ross Coleman (APSR);• Eve Woodberry and Cameron Loudon (RUBRIC);• Craig Johnson and Kate Roberts (BlueNet); and• Terry O’Brien and Marienne Hibbert(MMIM) through meetings, email, phone and attendance at the 8th International

Congress on Electronic Theses and Dissertations (ETD) Conference at UNSW in September 2005, ARC E-Research Showcase at Monash University in November 2005 and the APSR Conference at the University of Sydney in February 2006.


Relationship with Other DEST SII Projects and JISC Projects

2. Many of the MERRI Projects, like ours, are in an establishment phase and meaningful interaction will evolve throughout the year.

3. We have spoken directly with JISC representatives, including Neil Roberts, Fred Friend and Rachael Bruce, and been in email contact with Charles Oppenheim and Theo Andrew and in an effort to strengthen our working relationship and to utilise the benefits of their work.


Project Outcomes

• A preliminary report in early July 2006 which will include:

- Fundamental Legal principles;

- Case Studies and Protocols – in the areas of PhDs, Publications and Research Data; and

- Licensing Issues


OAK Law Project - Copyright (and other online issues)

• PhDs, Electronic Theses and Dissertations (ETD) (Professor Mark Perry).

• Pre and Post Prints (Professor Anne Fitzgerald).

• Compatibility of Licences; Non Commercial; Jurisdiction; Rich Text; Research Data.


Electronic Theses & Dissertations

supervisor/third party

studentrepository

funding agency/business

The Thesis


ETD questions for OAK Law Project– What is the legal status of a dissertation?– What are the IP issues that need to be resolved?– Is licensing the best tool for IP issue management?– How to manage licensing of distribution, and interests of the parties?– What issues are discipline dependant?– How to manage cited materials?– How to manage contributions by others? (eg technician photos, cite

charts etc)– How to manage derivative works?– How to manage confidential information (pre-patent materials)?– Liability and risk management? – What protocols should be adopted?


ETD Outcomes

• We have made meaningful contact with Theo Andrew of the UK Project ETHOS.

• We are also in the process of retrieving and analysing ADT forms and policies.

• The immediate output will be a thorough overview of the existing approaches to and legal issues facing online PhD presentation and implementation, as well as licensing options.


Pre and Post Prints

• We have reviewed the recent debates on this topic and have gone back to basic legal principles to try and map a way forward.

• The immediate output will be a thorough overview of the legal position and suggestions for licensing and potentially reform of the publishing model.

• We are also in the process of examining the methodology used in creating the SHERPA database which provides details on the approach publishers have to pre and post prints.


Pre and Post Prints

• We have also started a process for developing an Australian equivalent of SHERPA – the OAK List.

• Teleconference on the OAK List with Kerry Blinco and other project representatives on 21 March 2006.

• Kerry Blinco will discuss the OAK List with Bill Hubbard of SHERPA.

• We are currently in discussion with ARROW and a broader reference group on this front.


The OAK List

• List of Australian publishers and those publishers who are important to Australian repositories.

• Conditions of publication and reuse – – Assignment of copyright with licence back;– Partial assignment of copyright;– Non-exclusive licence.


The First Advisory Group Meeting

• On 15 March 2006, the first Advisory Group meeting occurred.

• Extensive discussion of the project regarding the points just discussed which raised some thought provoking issues including:1. The political environment in which repositories are

developing (author motivations, publisher interests, institutional politics, the Open Access movement agenda and collecting agency goals);


The First Advisory Group Meeting

2. The importance of project integration with Qld and Cth whole of government licensing;

3. Trouble with terminology (“publishing”, “commercial”, “non-commercial”, “making available”, “taking responsibly”); and

4. The importance of having the OAK List and discussions with SHERPA to explore extended functionality.


National Perspective

• At a broader level, the recent National Collaborative Research Infrastructure Strategy (NCRIS) Strategic Roadmap further highlights the importance of seamless access to knowledge in the e-research world and we will endeavour to be a leading part of that development.

Documents

Queensland University of Technology CRICOS No. 000213J The Open Access to Knowledge (OAK) Law Project Professor Brian Fitzgerald Head of the School of