102-655: Blue Obelisk is an informal group of chemists who promote open data , open source , and open standards ; it was initiated by Peter Murray-Rust and others in 2005. Multiple open source cheminformatics projects associate themselves with the Blue Obelisk, among which, in alphabetical order, Avogadro , Bioclipse , cclib , Chemistry Development Kit , GaussSum , JChemPaint , JOELib , Kalzium , Openbabel , OpenSMILES , and UsefulChem . The project has handed out personal awards for achievements in promoting Open Data, Open Source and Open Standards. Among those who received
204-516: A Blue Obelisk Award are: Open data Open data is data that is openly accessible, exploitable, editable and shareable by anyone for any purpose. Open data is licensed under an open license . The goals of the open data movement are similar to those of other "open(-source)" movements such as open-source software, open-source hardware , open content , open specifications , open education , open educational resources , open government , open knowledge , open access , open science , and
306-472: A collaborative project in the municipal Government to create and organize culture for Open Data or Open government data. Additionally, other levels of government have established open data websites. There are many government entities pursuing Open Data in Canada . Data.gov lists the sites of a total of 40 US states and 46 US cities and counties with websites to provide open data, e.g., the state of Maryland ,
408-411: A data commons strategy that better enables open data in businesses and research organizations. Such a strategy should address the need for: Beyond individual businesses and research centers, and at a more macro level, countries like Germany have launched their own official nationwide open data strategies, detailing how data management systems and data commons should be developed, used, and maintained for
510-520: A direct approach to the infringing party in order to settle the dispute out of court. "... by 1978, the scope was expanded to apply to any 'expression' that has been 'fixed' in any medium, this protection granted automatically whether the maker wants it or not, no registration required." With older technology like paintings, books, phonographs, and film, it is generally not feasible for consumers to make copies on their own, so producers can simply require payment when transferring physical possession of
612-780: A fixed period, after which the copyright expired. It was "An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or the Purchasers of such Copies, during the Times therein mentioned." The act also alluded to individual rights of the artist. It began, "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing ... Books, and other Writings, without
714-399: A large variety of actors. Both commons and Open Data can be defined by the features of the resources that fit under these concepts, but they can be defined by the characteristics of the systems their advocates push for. Governance is a focus for both Open Data and commons scholars. The key elements that outline commons and Open Data peculiarities are the differences (and maybe opposition) to
816-551: A literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in
918-400: A minimal chain of events necessary for open data to lead to accountability: Some make the case that opening up official information can support technological innovation and economic growth by enabling third parties to develop new kinds of digital applications and services. Several national governments have created websites to distribute a portion of the data they collect. It is a concept for
1020-490: A nation that has domestic copyright laws or adheres to a bilateral treaty or established international convention such as the Berne Convention or WIPO Copyright Treaty . Improper use of materials outside of legislation is deemed "unauthorized edition", not copyright infringement. Statistics regarding the effects of copyright infringement are difficult to determine. Studies have attempted to determine whether there
1122-697: A new level of public scrutiny." Governments that enable public viewing of data can help citizens engage within the governmental sectors and "add value to that data." Open data experts have nuanced the impact that opening government data may have on government transparency and accountability. In a widely cited paper, scholars David Robinson and Harlan Yu contend that governments may project a veneer of transparency by publishing machine-readable data that does not actually make government more transparent or accountable. Drawing from earlier studies on transparency and anticorruption, World Bank political scientist Tiago C. Peixoto extended Yu and Robinson's argument by highlighting
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#17327983854361224-417: A product of an individual, with attendant rights. The most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified. This parallels the ways in which capitalism led to the commodification of many aspects of social life that earlier had no monetary or economic value per se. Copyright has developed into a concept that has
1326-408: A range of different arguments for government open data. Some advocates say that making government information available to the public as machine readable open data can facilitate government transparency, accountability and public participation. "Open data can be a powerful force for public accountability—it can make existing information easier to analyze, process, and combine than ever before, allowing
1428-411: A significant effect on nearly every modern industry, including not just literary work, but also forms of creative work such as sound recordings , films , photographs , software , and architecture . Often seen as the first real copyright law, the 1709 British Statute of Anne gave authors and the publishers to whom they did chose to license their works, the right to publish the author's creations for
1530-412: A single word is insufficient to comprise a copyright work. However, single words or a short string of words can sometimes be registered as a trademark instead. Copyright law recognizes the right of an author based on whether the work actually is an original creation , rather than based on whether it is unique ; two authors may own copyright on two substantially identical works, if it is determined that
1632-619: A small level, a business or research organization's policies and strategies towards open data will vary, sometimes greatly. One common strategy employed is the use of a data commons. A data commons is an interoperable software and hardware platform that aggregates (or collocates) data, data infrastructure, and data-producing and data-managing applications in order to better allow a community of users to manage, analyze, and share their data with others over both short- and long-term timelines. Ideally, this interoperable cyberinfrastructure should be robust enough "to facilitate transitions between stages in
1734-468: A tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works , distribution, public performance , and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rights". This means that copyrights granted by
1836-518: A tangible medium of expression" to obtain copyright protection. US law requires that the fixation be stable and permanent enough to be "perceived, reproduced or communicated for a period of more than transitory duration". Similarly, Canadian courts consider fixation to require that the work be "expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance". Note this provision of US law: c) Effect of Berne Convention.—No right or interest in
1938-421: A way that is accessible to everyone, regardless of age, disability, or gender. The paper also discusses the challenges of using open data for soft mobility optimization. One challenge is that open data is often incomplete or inaccurate. Another challenge is that it can be difficult to integrate open data from different sources. Despite these challenges, the paper argues that open data is a valuable tool for improving
2040-579: A website offering open data of elections. CIAT offers open data to anybody who is willing to conduct big data analytics in order to enhance the benefit of international agricultural research. DBLP , which is owned by a non-profit organization Dagstuhl , offers its database of scientific publications from computer science as open data. Hospitality exchange services , including Bewelcome, Warm Showers , and CouchSurfing (before it became for-profit) have offered scientists access to their anonymized data for analysis, public research, and publication. At
2142-612: A whole. A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright, to the life of the creator and beyond, to their heirs. Yet scholars like Lawrence Lessig have argued that copyright terms have been extended beyond the scope imagined by the Framers. Lessig refers to the Copyright Clause as the "Progress Clause" to emphasize the social dimension of intellectual property rights. The original length of copyright in
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#17327983854362244-610: A wide range of creative, intellectual, or artistic forms, or "works". Specifics vary by jurisdiction , but these can include poems , theses , fictional characters , plays and other literary works , motion pictures , choreography , musical compositions, sound recordings , paintings , drawings , sculptures , photographs , computer software , radio and television broadcasts , and industrial designs . Graphic designs and industrial designs may have separate or overlapping laws applied to them in some jurisdictions. Copyright does not cover ideas and information themselves, only
2346-480: A work eligible for protection under this title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of
2448-502: A work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (some jurisdictions may allow this to be extended). Different countries impose different tests, although generally the requirements are low; in the United Kingdom there has to be some "skill, labour, and judgment" that has gone into it. In Australia and the United Kingdom it has been held that
2550-476: Is a monetary loss for industries affected by copyright infringement by predicting what portion of pirated works would have been formally purchased if they had not been freely available. Other reports indicate that copyright infringement does not have an adverse effect on the entertainment industry, and can have a positive effect. In particular, a 2014 university study concluded that free music content, accessed on YouTube , does not necessarily hurt sales, instead has
2652-506: Is a valuable tool for improving the sustainability and equity of soft mobility in cities. The author argues that open data can be used to identify the needs of different areas of a city, develop algorithms that are fair and equitable, and justify the installation of soft mobility resources. The goals of the Open Data movement are similar to those of other "Open" movements. Formally both the definition of Open Data and commons revolve around
2754-698: Is called the Open Data Management Cycle and was adopted in several regions such as Veneto and Umbria . Main cities like Reggio Calabria and Genova have also adopted this model. In October 2015, the Open Government Partnership launched the International Open Data Charter , a set of principles and best practices for the release of governmental open data formally adopted by seventeen governments of countries, states and cities during
2856-635: Is open if anyone is free to use, reuse, and redistribute it – subject only, at most, to the requirement to attribute and/or share-alike." Other definitions, including the Open Data Institute 's "open data is data that anyone can access, use or share," have an accessible short version of the definition but refer to the formal definition. Open data may include non-textual material such as maps , genomes , connectomes , chemical compounds , mathematical and scientific formulae, medical data, and practice, bioscience and biodiversity. A major barrier to
2958-491: Is the lack of barriers to the re-use of data(sets). Regardless of their origin, principles across types of Open Data hint at the key elements of the definition of commons. These are, for instance, accessibility, re-use, findability, non-proprietarily. Additionally, although to a lower extent, threats and opportunities associated with both Open Data and commons are similar. Synthesizing, they revolve around (risks and) benefits associated with (uncontrolled) use of common resources by
3060-614: The Copyright Law in United States , the Copyright Office concluded that many diverse aspects of the current moral rights patchwork – including copyright law's derivative work right, state moral rights statutes, and contract law – are generally working well and should not be changed. Further, the Office concludes that there is no need for the creation of a blanket moral rights statute at this time. However, there are aspects of
3162-637: The European Union require their member states to comply with them. All member states of the World Trade Organization are obliged to establish minimum levels of copyright protection. Nevertheless, important differences between the national regimes continue to exist. The original holder of the copyright may be the employer of the author rather than the author themself if the work is a " work for hire ". For example, in English law
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3264-533: The Internet , creating a much bigger threat to producer revenue. Some have used digital rights management technology to restrict non-playback access through encryption and other means. Digital watermarks can be used to trace copies, deterring infringement with a more credible threat of legal consequences. Copy protection is used for both digital and pre-Internet electronic media. For a work to be considered to infringe upon copyright, its use must have occurred in
3366-619: The Middle Ages in Europe, there was generally a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society. The latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product and expression of the collective, rather than to see it as individual property. However, with copyright laws, intellectual production comes to be seen as
3468-487: The RIAA are increasingly targeting the file sharing home Internet user. Thus far, however, most such cases against file sharers have been settled out of court. ( See Legal aspects of file sharing ) In most jurisdictions the copyright holder must bear the cost of enforcing copyright. This will usually involve engaging legal representation, administrative or court costs. In light of this, many copyright disputes are settled by
3570-750: The United International Bureaux for the Protection of Intellectual Property signed the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations . In 1996, this organization was succeeded by the founding of the World Intellectual Property Organization , which launched the 1996 WIPO Performances and Phonograms Treaty and the 2002 WIPO Copyright Treaty , which enacted greater restrictions on
3672-409: The 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic. However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit – using notices of this form may reduce
3774-446: The Berne Convention, or the adherence of the United States thereto. Before 1989, United States law required the use of a copyright notice, consisting of the copyright symbol (©, the letter C inside a circle; Unicode U+00A9 © COPYRIGHT SIGN ), the abbreviation "Copr.", or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder. Several years may be noted if
3876-433: The Berne Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all intellectual property rights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the rights expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto
3978-619: The Consent of the Authors ;... to their very great Detriment, and too often to the Ruin of them and their Families:". A right to benefit financially from the work is articulated, and court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved. An irrevocable right to be recognized as the work's creator appears in some countries' copyright laws. The Copyright Clause of
4080-528: The Copyright, Designs and Patents Act 1988 provides that if a copyrighted work is made by an employee in the course of that employment, the copyright is automatically owned by the employer which would be a "Work for Hire". Typically, the first owner of a copyright is the person who created the work i.e. the author . But when more than one person creates the work, then a case of joint authorship can be made provided some criteria are met. Copyright may apply to
4182-600: The EU institutions, agencies and other bodies and the European Data Portal that provides datasets from local, regional and national public bodies across Europe. The two portals were consolidated to data.europa.eu on April 21, 2021. Italy is the first country to release standard processes and guidelines under a Creative Commons license for spread usage in the Public Administration. The open model
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4284-482: The EU) should mandate that funded projects hand in their databases as "deliverables" at the end of the project so that they can be checked for third-party usability and then shared. Copyright A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work , usually for a limited time. The creative work may be in
4386-511: The Internet, the availability of fast, readily available networking has significantly changed the context of Open science data , as publishing or obtaining data has become much less expensive and time-consuming. The Human Genome Project was a major initiative that exemplified the power of open data. It was built upon the so-called Bermuda Principles , stipulating that: "All human genomic sequence information … should be freely available and in
4488-571: The OGP Global Summit in Mexico . In July 2024, the OECD adopted Creative Commons CC-BY-4.0 licensing for its published data and reports. Many non-profit organizations offer open access to their data, as long it does not undermine their users', members' or third party's privacy rights . In comparison to for-profit corporations , they do not seek to monetize their data. OpenNWT launched
4590-586: The Statute of Anne. While the national law protected authors' published works, authority was granted to the states to protect authors' unpublished works. The most recent major overhaul of copyright in the US, the 1976 Copyright Act , extended federal copyright to works as soon as they are created and "fixed", without requiring publication or registration. State law continues to apply to unpublished works that are not otherwise copyrighted by federal law. This act also changed
4692-663: The U.S. economy at least $ 29.2 billion in lost revenue each year." An August 2021 report by the Digital Citizens Alliance states that "online criminals who offer stolen movies, TV shows, games, and live events through websites and apps are reaping $ 1.34 billion in annual advertising revenues." This comes as a result of users visiting pirate websites who are then subjected to pirated content, malware, and fraud. According to World Intellectual Property Organisation , copyright protects two types of rights. Economic rights allow right owners to derive financial reward from
4794-537: The US. The Berne International Copyright Convention of 1886 finally provided protection for authors among the countries who signed the agreement, although the US did not join the Berne Convention until 1989. In the US, the Constitution grants Congress the right to establish copyright and patent laws. Shortly after the Constitution was passed, Congress enacted the Copyright Act of 1790 , modeling it after
4896-499: The Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form." Some countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that most works must be "fixed in
4998-639: The United States was 14 years, and it had to be explicitly applied for. If the author wished, they could apply for a second 14‑year monopoly grant, but after that the work entered the public domain , so it could be used and built upon by others. In many jurisdictions of the European continent, comparable legal concepts to copyright did exist from the 16th century on but did change under Napoleonic rule into another legal concept: authors' rights or creator's right laws, from French: droits d'auteur and German Urheberrecht . In many modern-day publications
5100-520: The United States, Constitution (1787) authorized copyright legislation: "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." That is, by guaranteeing them a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as
5202-455: The authors even after the authors have transferred their economic rights. In some EU countries, such as France, moral rights last indefinitely. In the UK, however, moral rights are finite. That is, the right of attribution and the right of integrity last only as long as the work is in copyright. When the copyright term comes to an end, so too do the moral rights in that work. This is just one reason why
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#17327983854365304-477: The authors even after the authors have transferred their economic rights. This means that even where, for example, a film producer or publisher owns the economic rights in a work, in many jurisdictions the individual author continues to have moral rights. Recently, as a part of the debates being held at the US Copyright Office on the question of inclusion of Moral Rights as a part of the framework of
5406-700: The calculation of copyright term from a fixed term (then a maximum of fifty-six years) to "life of the author plus 50 years". These changes brought the US closer to conformity with the Berne Convention, and in 1989 the United States further revised its copyright law and joined the Berne Convention officially. Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia. In
5508-471: The concept of shared resources with a low barrier to access. Substantially, digital commons include Open Data in that it includes resources maintained online, such as data. Overall, looking at operational principles of Open Data one could see the overlap between Open Data and (digital) commons in practice. Principles of Open Data are sometimes distinct depending on the type of data under scrutiny. Nonetheless, they are somewhat overlapping and their key rationale
5610-458: The concepts throughout the years have been mingled globally, due to international treaties and contracts, distinct differences between jurisdictions continue to exist. Creator's law was enacted rather late in German speaking states and the economic historian Eckhard Höffner argues that the absence of possibilities to maintain copyright laws in all these states in the early 19th century, encouraged
5712-479: The convention. The UK signed the Berne Convention in 1887 but did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act 1988 . Specially, for educational and scientific research purposes, the Berne Convention provides the developing countries issue compulsory licenses for the translation or reproduction of copyrighted works within the limits prescribed by
5814-605: The convention. This was a special provision that had been added at the time of 1971 revision of the convention, because of the strong demands of the developing countries. The United States did not sign the Berne Convention until 1989. The United States and most Latin American countries instead entered into the Buenos Aires Convention in 1910, which required a copyright notice on the work (such as all rights reserved ), and permitted signatory nations to limit
5916-481: The copyright holder is entitled to enforce their exclusive rights. However, while registration is not needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees. (In the US, registering after an infringement only enables one to receive actual damages and lost profits.) A widely circulated strategy to avoid
6018-524: The copyright holder reserves, or holds for their own use was once required to assert copyright, but that phrase is now legally obsolete. Almost everything on the Internet has some sort of copyright attached to it. Whether these things are watermarked, signed, or have any other sort of indication of the copyright is a different story however. In 1989 the United States enacted the Berne Convention Implementation Act , amending
6120-477: The cost of copyright registration is referred to as the poor man's copyright . It proposes that the creator send the work to themself in a sealed envelope by registered mail, using the postmark to establish the date. This technique has not been recognized in any published opinions of the United States courts. The United States Copyright Office says the technique is not a substitute for actual registration. The United Kingdom Intellectual Property Office discusses
6222-408: The creator dies, depending on the jurisdiction . Some countries require certain copyright formalities to establishing copyright, others recognize copyright in any completed work, without a formal registration. When the copyright of a work expires, it enters the public domain . The concept of copyright developed after the printing press came into use in Europe in the 15th and 16th centuries. It
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#17327983854366324-515: The dominant market logics as shaped by capitalism. Perhaps it is this feature that emerges in the recent surge of the concept of commons as related to a more social look at digital technologies in the specific forms of digital and, especially, data commons. Application of open data for societal good has been demonstrated in academic research works. The paper "Optimization of Soft Mobility Localization with Sustainable Policies and Open Data" uses open data in two ways. First, it uses open data to identify
6426-416: The duplication was coincidental, and neither was copied from the other. In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file),
6528-523: The duration of copyrights to shorter and renewable terms. The Universal Copyright Convention was drafted in 1952 as another less demanding alternative to the Berne Convention, and ratified by nations such as the Soviet Union and developing nations. The regulations of the Berne Convention are incorporated into the World Trade Organization 's TRIPS agreement (1995), thus giving the Berne Convention effectively near-global application. In 1961,
6630-690: The exogenous differential introduction of author's right (Italian: diritto d’autore ) in Napoleonic Italy shows that "basic copyrights increased both the number and the quality of operas, measured by their popularity and durability". The 1886 Berne Convention first established recognition of authors' rights among sovereign nations , rather than merely bilaterally. Under the Berne Convention, protective rights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" these protective rights in countries adhering to
6732-424: The following: It is generally held that factual data cannot be copyrighted. Publishers frequently add copyright statements (often forbidding re-use) to scientific data accompanying publications. It may be unclear whether the factual data embedded in full text are part of the copyright. While the human abstraction of facts from paper publications is normally accepted as legal there is often an implied restriction on
6834-418: The form or manner in which they are expressed. For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but does not prohibit the creation of other works about anthropomorphic mice in general, so long as they are different enough not to be judged copies of Disney's. Typically,
6936-442: The greater public good. Opening government data is only a waypoint on the road to improving education, improving government, and building tools to solve other real-world problems. While many arguments have been made categorically , the following discussion of arguments for and against open data highlights that these arguments often depend highly on the type of data and its potential uses. Arguments made on behalf of open data include
7038-504: The holder in a civil law court, but there are also criminal infringement statutes in some jurisdictions. While central registries are kept in some countries which aid in proving claims of ownership, registering does not necessarily prove ownership, nor does the fact of copying (even without permission) necessarily prove that copyright was infringed. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as
7140-510: The idea of making data into a commons. This project exemplifies the relationship between Open Data and commons, and how they can disrupt the market logic driving big data use in two ways. First, it shows how such projects, following the rationale of Open Data somewhat can trigger the creation of effective data commons. The project itself was offering different types of support to social network platform users to have contents removed. Second, opening data regarding online social networks interactions has
7242-639: The incomes of many academics. Printing brought profound social changes . The rise in literacy across Europe led to a dramatic increase in the demand for reading matter. Prices of reprints were low, so publications could be bought by poorer people, creating a mass audience. In German-language markets before the advent of copyright, technical materials, like popular fiction, were inexpensive and widely available; it has been suggested this contributed to Germany's industrial and economic success. The concept of copyright first developed in England . In reaction to
7344-416: The law of a certain state do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and sometimes a large group of countries, have made agreements with other countries on procedures applicable when works "cross" national borders or national rights are inconsistent. Typically, the public law duration of a copyright expires 50 to 100 years after
7446-487: The legally recognised rights and interests of others. Most copyright laws state that authors or other right owners have the right to authorise or prevent certain acts in relation to a work. Right owners can authorise or prohibit: Moral rights are concerned with the non-economic rights of a creator. They protect the creator's connection with a work as well as the integrity of the work. Moral rights are only accorded to individual authors and in many national laws they remain with
7548-417: The life cycle of a collection" of data and information resources while still being driven by common data models and workspace tools enabling and supporting robust data analysis. The policies and strategies underlying a data commons will ideally involve numerous stakeholders, including the data commons service provider, data contributors, and data users. Grossman et al suggests six major considerations for
7650-429: The likelihood of a defense of "innocent infringement" being successful. In the UK, the publisher of a work automatically owns the copyright in the "typographical arrangement of a published work", i.e. its layout and general appearance as a published work. This copyright lasts for 25 years after the end of the year in which the edition containing that arrangement was first published. Copyrights are generally enforced by
7752-499: The machine extraction by robots. Unlike open access , where groups of publishers have stated their concerns, open data is normally challenged by individual institutions. Their arguments have been discussed less in public discourse and there are fewer quotes to rely on at this time. Arguments against making all data available as open data include the following: The paper entitled "Optimization of Soft Mobility Localization with Sustainable Policies and Open Data" argues that open data
7854-612: The moral rights regime within the UK is often regarded as weaker or inferior to the protection of moral rights in continental Europe and elsewhere in the world. The Berne Convention, in Article 6bis, requires its members to grant authors the following rights: These and other similar rights granted in national laws are generally known as the moral rights of authors. The Berne Convention requires these rights to be independent of authors' economic rights. Moral rights are only accorded to individual authors and in many national laws they remain with
7956-439: The most important forms of open data is open government data (OGD), which is a form of open data created by ruling government institutions. Open government data's importance is born from it being a part of citizens' everyday lives, down to the most routine/mundane tasks that are seemingly far removed from government. The abbreviation FAIR/O data is sometimes used to indicate that the dataset or database in question complies with
8058-418: The need to state the conditions of ownership, licensing and re-use; instead presuming that not asserting copyright enters the data into the public domain . For example, many scientists do not consider the data published with their work to be theirs to control and consider the act of publication in a journal to be an implicit release of data into the commons . The lack of a license makes it difficult to determine
8160-450: The needs of different areas of a city. For example, it might use data on population density, traffic congestion, and air quality to determine where soft mobility resources, such as bike racks and charging stations for electric vehicles, are most needed. Second, it uses open data to develop algorithms that are fair and equitable. For example, it might use data on the demographics of a city to ensure that soft mobility resources are distributed in
8262-435: The open data movement is the commercial value of data. Access to, or re-use of, data is often controlled by public or private organizations. Control may be through access restrictions, licenses , copyright , patents and charges for access or re-use. Advocates of open data argue that these restrictions detract from the common good and that data should be available without restrictions or fees. Creators of data do not consider
8364-583: The open web. The growth of the open data movement is paralleled by a rise in intellectual property rights. The philosophy behind open data has been long established (for example in the Mertonian tradition of science ), but the term "open data" itself is recent, gaining popularity with the rise of the Internet and World Wide Web and, especially, with the launch of open-data government initiatives Data.gov , Data.gov.uk and Data.gov.in . Open data can be linked data - referred to as linked open data . One of
8466-424: The owner's permission, often through a license. The owner's use of the property must, however, respect the legally recognised rights and interests of other members of society. So the owner of a copyright-protected work may decide how to use the work, and may prevent others from using it without permission. National laws usually grant copyright owners exclusive rights to allow third parties to use their works, subject to
8568-603: The potential to increase sales. According to the IP Commission Report the annual cost of intellectual property infringement to the US economy "continues to exceed $ 225 billion in counterfeit goods, pirated software, and theft of trade secrets and could be as high as $ 600 billion." A 2019 study sponsored by the US Chamber of Commerce Global Innovation Policy Center (GIPC), in partnership with NERA Economic Consulting "estimates that global online piracy costs
8670-624: The potential to significantly reduce the monopolistic power of social network platforms on those data. Several funding bodies that mandate Open Access also mandate Open Data. A good expression of requirements (truncated in places) is given by the Canadian Institutes of Health Research (CIHR): Other bodies promoting the deposition of data and full text include the Wellcome Trust . An academic paper published in 2013 advocated that Horizon 2020 (the science funding mechanism of
8772-492: The principles of FAIR data and carries an explicit data‑capable open license . The concept of open data is not new, but a formalized definition is relatively new. Open data as a phenomenon denotes that governmental data should be available to anyone with a possibility of redistribution in any form without any copyright restriction. One more definition is the Open Definition which can be summarized as "a piece of data
8874-855: The printing of "scandalous books and pamphlets", the English Parliament passed the Licensing of the Press Act 1662 , which required all intended publications to be registered with the government-approved Stationers' Company , giving the Stationers the right to regulate what material could be printed. The Statute of Anne , enacted in 1710 in England and Scotland, provided the first legislation to protect copyrights (but not authors' rights). The Copyright Act of 1814 extended more rights for authors but did not protect British from reprinting in
8976-662: The public domain in order to encourage research and development and to maximize its benefit to society". More recent initiatives such as the Structural Genomics Consortium have illustrated that the open data approach can be used productively within the context of industrial R&D. In 2004, the Science Ministers of all nations of the Organisation for Economic Co-operation and Development (OECD), which includes most developed countries of
9078-440: The publishing of low-priced paperbacks for the masses. This was profitable for authors and led to a proliferation of books, enhanced knowledge, and was ultimately an important factor in the ascendency of Germany as a power during that century. After the introduction of creator's rights, German publishers started to follow English customs, in issuing only expensive book editions for wealthy customers. Empirical evidence derived from
9180-620: The state of California, US and New York City . At the international level, the United Nations has an open data website that publishes statistical data from member states and UN agencies, and the World Bank published a range of statistical data relating to developing countries. The European Commission has created two portals for the European Union : the EU Open Data Portal which gives access to open data from
9282-455: The status of a data set and may restrict the use of data offered in an "Open" spirit. Because of this uncertainty it is possible for public or private organizations to aggregate said data, claim that it is protected by copyright, and then resell it. Open data can come from any source. This section lists some of the fields that publish (or at least discuss publishing) a large amount of open data. The concept of open access to scientific data
9384-435: The storage medium. The equivalent for digital online content is a paywall . The introduction of the photocopier , cassette tape , and videotape made it easier for consumers to copy materials like books and music, but each time a copy was made, it lost some fidelity. Digital media like text, audio, video, and software (even when stored on physical media like compact discs and DVDs ) can be copied losslessly, and shared on
9486-568: The sustainability and equity of soft mobility in cities. An exemplification of how the relationship between Open Data and commons and how their governance can potentially disrupt the market logic otherwise dominating big data is a project conducted by Human Ecosystem Relazioni in Bologna (Italy). See: https://www.he-r.it/wp-content/uploads/2017/01/HUB-report-impaginato_v1_small.pdf . This project aimed at extrapolating and identifying online social relations surrounding “collaboration” in Bologna. Data
9588-408: The technique and notes that the technique (as well as commercial registries) does not constitute dispositive proof that the work is original or establish who created the work. The Berne Convention allows member countries to decide whether creative works must be "fixed" to enjoy copyright. Article 2, Section 2 of the Berne Convention states: "It shall be a matter for legislation in the countries of
9690-402: The terms copyright and authors' rights are being mixed, or used as translations, but in a juridical sense the legal concepts do essentially differ. Authors' rights are, generally speaking, from the start absolute property rights of an author of original work that one does not have to apply for. The law is automatically connecting an original work as intellectual property to its creator. Although
9792-453: The use of technology to copy works in the nations that ratified it. The Trans-Pacific Partnership includes intellectual property provisions relating to copyright. Copyright laws and authors' right laws are standardized somewhat through these international conventions such as the Berne Convention and Universal Copyright Convention. These multilateral treaties have been ratified by nearly all countries, and international organizations such as
9894-459: The use of their works by others. Moral rights allow authors and creators to take certain actions to preserve and protect their link with their work. The author or creator may be the owner of the economic rights or those rights may be transferred to one or more copyright owners. Many countries do not allow the transfer of moral rights. With any kind of property, its owner may decide how it is to be used, and others can use it lawfully only if they have
9996-445: The work has gone through substantial revisions. The proper copyright notice for sound recordings of musical or other audio works is a sound recording copyright symbol (℗, the letter P inside a circle, Unicode U+2117 ℗ SOUND RECORDING COPYRIGHT ), which indicates a sound recording copyright, with the letter P indicating a " phonorecord ". In addition, the phrase All rights reserved which indicates that
10098-523: The world, signed a declaration which states that all publicly funded archive data should be made publicly available. Following a request and an intense discussion with data-producing institutions in member states, the OECD published in 2007 the OECD Principles and Guidelines for Access to Research Data from Public Funding as a soft-law recommendation. Examples of open data in science: There are
10200-436: Was associated with a common law and rooted in the civil law system. The printing press made it much cheaper to produce works, but as there was initially no copyright law, anyone could buy or rent a press and print any text. Popular new works were immediately re- set and re-published by competitors, so printers needed a constant stream of new material. Fees paid to authors for new works were high, and significantly supplemented
10302-443: Was collected from social networks and online platforms for citizens collaboration. Eventually data was analyzed for the content, meaning, location, timeframe, and other variables. Overall, online social relations for collaboration were analyzed based on network theory. The resulting dataset have been made available online as Open Data (aggregated and anonymized); nonetheless, individuals can reclaim all their data. This has been done with
10404-633: Was established with the formation of the World Data Center system, in preparation for the International Geophysical Year of 1957–1958. The International Council of Scientific Unions (now the International Council for Science ) oversees several World Data Centres with the mission to minimize the risk of data loss and to maximize data accessibility. While the open-science-data movement long predates
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