[Oa-italia] SPARC Europe sulla nuova direttiva copyright e possibili effetti su Open Science

Elena Giglia elena.giglia a unito.it
Mer 27 Mar 2019 16:50:12 CET

segnalo il comunciato stampa di SPARC Europe che presenta in modo chiaro
luci e ombre della Direttiva copyright votata ieri.
In particolare

To Open Access in particular, we led on helping protect Open Access in
Articles 11 and 13 and we succeeded in what we set out to achieve.

   -       Article 11: Academic and scientific publications are excluded
   from the scope of Article 11, which means that these publications are not
   subject to the new right. Hence, sharing those publications online will
   follow the same rules as before.
   -       Article 13: Not-for-profit scientific and educational
   repositories are exempt from the scope of Article 13. Therefore, they are
   not subject to the new licensing rules that place the onus on platforms
   to self-monitor uploaded content for copyright infringement. As the new
   liability ruling does not apply to them, they may continue to operate under
   the existing notice-and-take-down regime.

e due preoccupazioni:
su art. 11

Thanks to SPARC Europe relentlessly pushing to preserve the interests of
Europe’s research community, *academic and scientific publications are
excluded* from the scope of Article 11.

Article 2(4d) indeed provides the definition of “press publications” and
exempts periodicals published for scientific or academic purposes.

Article 11(1) excludes “private or non-commercial uses of press
publications carried out by individual users.” This is positive for
individual researchers, although the exemption does not explicitly cover
uses carried out by education, research and cultural heritage institutions,
which we had requested in order to safeguard seamless access to
information. The consequences on research are hard to foresee, as private
and non-commercial uses are yet to be given a clear interpretation, but
this is likely to result in a hurdle in access and sharing of press
publications online.

Fears remain that the additional right will deter communication of news,
affect the free flow of information, obstruct online licensing, and
negatively affect authors.
su art. 13 (ex)

Fortunately, after continued lobbying efforts, SPARC Europe managed to
ensure that *not-for-profit scientific and educational repositories are
exempt* from the definition of “online content sharing service providers”
and therefore of the scope of Article 13. But the many other platforms used
by researchers will have to abide by the new, highly coercive rules.

Generally, Article 13 creates a costly and burdensome liability regime and
risks hindering digital innovation and user participation. The overall
effect on the sharing and reuse of content is concerning. Given the vast
amount of content online, automated scanning and excluding of content will
be patchy at best and risks running counter to the principle of freedom of
expression embedded in the copyright system. Indeed, many dread that
“filtering” will be unable to spot legitimate uses of works, such as
quotation, parody or criticism.
Buona lettura

dr. Elena Giglia
UnitÓ di progetto Open Access
Direzione Ricerca e Terza Missione
Universita' degli Studi di Torino
tel. +39.011.670*.4191*
Skype: egiglia

*NOAD OpenAIRE Italy*
noad-it a openaire.eu
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