layout: false class: center, middle ![IUP DHC Logo](http://iupdhc.org/files/logo-plain-transp. "The Center for Digital Humanities and Culture") ## Center for Digital Humanities and Culture ## Indiana University of Pennsylvania [www.iupdhc.org](http://www.iupdhc.org) --- name: inverse layout: true class: center, middle, inverse --- Digital Progress ==================== Dr. Kenneth Sherwood --- ##Changes in digital culture ## ##require changes to publishing practices ## ##and the way we approach copyright in academia.## --- layout: false ## Copyright Law and Publishing ## - Fundamental to the history of the US - Law dates back to the Constitutional Era BUT ### It has become a Frankenstein Monster --- ##The Origins of American Copyright## Lawrence Lessig, _Free Culture_: > The power to establish “creative property” rights is granted to Congress in a way that, for our Constitution, at least, is very odd. Article I, section 8, clause 8 of our Constitution states that: > **"Congress has the power to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."** > We can call this the “Progress Clause,” for notice what this clause does not say. It does not say Congress has the power to grant “creative property rights.” It says that Congress has the power to promote progress. The grant of power is its purpose, and its purpose is a public one, not the purpose of enriching publishers, nor even primarily the purpose of rewarding authors. --- ## From Public Domain to Intellectual Property ## ###Back in the day . . . ### - Copyright was originally a special privilege granted for a limited time - 14 years, renewable once - Limited in scope - (maps, charts and books) - Most works were not registered or quickly became "public domain" - Authors and inventors were free to make "derivative works" --- ### Now ... (2015) ### - Copyright is a much more powerful tool - Extends to even non-published work - This slide show! - Is automatic - Lasts for a century (95 years!) - You can legally reproduce this slide show in the year 2110 - Restricts the production of derivative works --- ## Another Problem: Hypocrisy ## ### Propping up a failing system ... ### Students live the culture of rip and remix that is Web 2.0. Yet, college teachers, librarians and others are tasked with supporting (enforcing?) the Frankenstein Monster of Copyright by teaching fair use, proper citation, and respect for intellectual property. We promote respect for a system which is badly broken, when critical analsyis would be more appropriate. --- ## Academic Scholarship is Big Business ## In a democratic spirit, scholarly publication should also be devoted to "Promot[tion]of progress in the Sciences and useful Arts" Learning and inquiry depend upon access to information. Paywalls, expensive subscriptions -- for-profit publishing -- inevitably restricts the access of many potential readers. --- ## Big Business ## Major players in the scholarly publishing industry want to maximize profits and limit access! Elsevier, the largest scholarly publisher in the world "made $1.1 billion in profit in 2010 with a profit margin of 36%, which grew to a reported profit margin of 39% in 2013, and 37% in 2014" Elsevier restricts authors' ability to share works in open access repositories; and its executives have lobbied congress to block open access practices. [Scholarly Publishing at MIT Libraries](https://libraries.mit.edu/scholarly/mit-open-access/open-access-at-mit/mit-open-access-policy/publishers-and-the-mit-faculty-open-access-policy/elsevier-fact-sheet/) --- layout: false ## How does Open Access Work?## Authors generally make little money from academic publication. Their research is often funded by universities or public grants, and the results __should be__ widely accessible to those pursuing knowledge. The *Open Access* procedures encourage writers to retain rights to distribute their work freely -- and creating archiving platforms that make it practical to access the work. --- ## What Can Academics Do? ## - Publish with Open-Access Journals - Establish and edit Open-Access scholarly projects - Share research through self-archiving / institutional repositories - (academia.edu) - Use Creative Commons licensing to permit derivative works - Advocate for passage of the Fair Access to Science and Technology Research Act --- name: inverse layout: true class: center, middle, inverse --- # Open Questions # --- name: inverse layout: true class: left, middle, inverse --- - Do current copyright practices (and the defacto erosion of "fair use") effect free inquiry, research, access? - How do institutional practices (university libraries, et al) contribute to greater access or impede it? - How well does the system of scholarly publishing serve the goals of access, especially for unaffiliated scholars, students in the third world, etc. - Do the access policies, fees, and use terms (of subscription databases such as JSTOR, Gale, Proquest, et al AND of prominent academic journals) serve the academic pursuit of knowledge as well as they could and should? - What counter models exist? How feasible are they? What moves can scholars, libraries, and journals make to facilitate improved access? - How do current copyright laws, including DMCA, impact teaching and student projects? - How should college teachers, librarians and others who teach fair use, citation, and copyright negotiate the tensions between education about intellectual property, critical analysis of a broken system, and the dominant cultural practices of ripping, appropriation, and remixing? --- ##Important Sources## - [Guerilla Open Access Manifesto](http://archive.org/stream/GuerillaOpenAccessManifesto/Goamjuly2008_djvu.txt) - Aaron Swartz, July 2008 - [Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities](http://openaccess.mpg.de/67605/berlin_declaration_engl.pdf) - [Creative Commons](http://creativecommons.org/) - [Open Journal Systems](https://pkp.sfu.ca/ojs/) - [Free Culture, by Lawrence Lessig](http://www.free-culture.cc/) - [Scholarly Publishing at MIT Libraries](https://libraries.mit.edu/scholarly/mit-open-access/open-access-at-mit/mit-open-access-policy/publishers-and-the-mit-faculty-open-access-policy/elsevier-fact-sheet/) --- This presentation was written in plain text using [Markdown](http://markdowntutorial.com/), and then transformed using [Remark](https://github.com/gnab/remark).