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Rights To Intellectual Property In Scholarly Publishing
What is intellectual property? It is a legal concept that refers to creations of the mind for which exclusive rights are recognized
Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs.
Let’s simplify this further Business owners Get exclusive rights to use theirtrademarks Creative artistes Get copyrights on the musical, literary, dramatic and artistic pieces they create Innovators (including scientists and researchers) Can protect their discoveries, patents, industrial designs, confidential information, etc.
CC licenses CC licensesare • Standard form license agreements that can be attached to a work so that it can be used under certain circumstances without the need to contact the author or negotiate terms of use • Granted free of cost by Creative Commons (CC), a non-profit organization headquartered in the United States
6 Types of CC licenses Attribution (CC BY) • Attribution-ShareAlike (CC BY-SA) Attribution-NoDerivs (CC BY-ND) Attribution NonCommercial (CC BY-NC) Attribution-NonCommercial- ShareAlike (CC BY-NC-SA) Attribution-NonCommercial-NoDerivs (CC BY-NC-ND)
More about CC licenses CC licenses are based on copyrights. They change “all rights reserved” to “some rights reserved”. All CC licenses are BY (attribution) licenses by default. Basic criteria for getting a CC license are that the work should be copyrightable and should be owned by the applicant. CC licenses are irrevocable. CC licenses are particularly useful for people who want to share their work as broadly as possible on the Internet. CC is a non-profit organization, so keeping track of any breaches in the use of work under CC licenses is the responsibility of the license holder.
Science Commons Science Commons was launched by Creative Commons in 2005 to enable easier sharing of scientific knowledge with the entire scientific community. People are free to use an article under Science Commons in professional activities, such as teaching, conference presentations, lectures, and in other scholarly works. Many open access publishers such as PLOS and BioMed Central use CC licenses. Even Nature Publishing Group uses these licenses for some of its journals. Science Commons projects try to mark all available research data online and streamline it for easier use. Science Commons licenses provide sufficient rights to post a copy of the published version of an article online without a charge.
Copyright It’s a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time. • In most cases, a work does not have to be published to be copyrighted • A copyright protects the form of expression • A copyright is usually territorial or holds good only within the country of origin, unless protected by international treaties
Patents They provide legal protection for an invention. They give inventors property rights that, in exchange for public disclosure of the invention, prevent anyone else from making, using, or selling the patented invention. The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries, according to national laws and international agreements. Patents are not global or universal; they’re territorial.
Sources • http://en.wikipedia.org/wiki/Creative_Commons • http://wiki.creativecommons.org/Frequently_Asked_Questions • http://www.wired.co.uk/news/archive/2011-12/15/what-does-creative-commons-mean-for-science • http://en.wikipedia.org/wiki/Copyright • http://en.wikipedia.org/wiki/Patent • http://creativecommons.org/ • http://sciencecommons.org/about/ • http://www.flaticon.com/
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