Video Lesson: What is the Role of Copyright in Open Education and Open Science?

Welcome! This video lesson examines the role of copyright in the context of open education and science. We will clarify the fundamental concepts related to copyright, explore examples of works that qualify as copyrighted work, and explain the right to exploit a copyrighted work. Understanding the role of copyright in open education and science is crucial for everyone who creates, uses, or shares knowledge in the digital age, while also respecting the intellectual property of others. Copyright in open education and science ensures author attribution and the integrity of the work, encouraging the creation and sharing of high quality open educational resources and scientific papers. With open licenses, authors retain control over their work, protecting its quality and credibility. Clearly defined rights build trust and encourage responsible knowledge sharing. Intellectual creations that can be protected under intellectual property rights arise in higher education institutions through scientific research within the scope of a specific study, project, collaboration, provision of consulting services, and other activities. They are protected in the legal system in various ways and with different effects. Copyright is acquired by the very act of creating a copyrighted work, without the need for a registration procedure or any administrative procedure, or for publication or issuance. Intellectual property rights are divided into copyright and related rights, and industrial property. Industrial property includes patents, trademarks, industrial designs, plant varieties, geographical indications and designations of origin, as well as topographies of semiconductor products, know-how, and trade secrets. What is Copyright? Copyright refers to the rights that an author acquires over their work by the very act of its creation. It guarantees the author the exclusive right to use and dispose of their work. Copyright protects various types of works, including literary, scientific, artistic works, music, audiovisual works, computer programs, and databases. Copyright means that without the explicit permission of the author or rights holder, such works may not be freely copied, distributed, publicly performed, or adapted. The rights last for the author's lifetime and for an additional 70 years after the author's death. What is a Copyrighted Work? A copyrighted work is an original intellectual creation from the literary, scientific, or artistic domain that has an individual character, regardless of the manner and form of expression, type, value, or purpose. Any work that satisfies this definition can be protected by copyright, and it is important to emphasize that copyright protects expressions, i.e., realizations, and not ideas, procedures, working methods, or mathematical concepts. The Copyright and Related Rights Act lists some typical examples of copyrighted works, such as linguistic works, including computer programs, musical works, dramatic, and dramatic-musical works. In higher education institutions, copyrighted works are created in all forms of work, particularly in teaching, for example, lectures, presentations, and other instructional and didactic materials that are an original intellectual creation from the scientific, literary, or artistic domain and have an individual character. Other examples of copyrighted works in higher education institutions are: professional or scientific articles, books, or other types of written text resulting from scientific work and research, maps, graphs, tables, plans, sketches, drawings, and other representations of a scientific or technical nature, when they are original intellectual creations of their authors. At certain higher education institutions, specific types of copyrighted works are also created, such as computer programs, design, architectural works, and databases, which also fall under copyrighted works. The Author is the natural person who created the copyrighted work. In scientific and research work, multiple individuals often participate in the creation of copyrighted works, where the law distinguishes: Co-authored work, created in cooperation between multiple authors whose contributions cannot stand alone (for example, a scientific article with multiple authors without a clear division of authorship by sections). Co-authors have joint copyright. Collective work, created by combining separate copyrighted works of multiple authors into a single whole (for example, a book containing chapters written by different authors). The entire book is a collective work, and each chapter is separate. The relationships between authors are regulated by contract, and in case of doubt, it is considered that they have an equal share in the remuneration. Why is Respect for Copyright Important? Respect for copyright in education and research is extremely important for several reasons. First, it is about respecting the intellectual property of the author. Second, it ensures academic integrity and avoids plagiarism. Third, knowing and respecting copyright protects you as a user from potential legal issues. Respecting copyright is key to the integrity of the educational and research process. Always be aware of the source of the materials you use and strive to use them ethically and legally. If you have any doubts, it is always better to check or seek advice from your institution's legal department or a copyright expert.