WIPO’s move to open access laudable among international organizations

My latest post on WIPOMonitor.org notes that the World Intellectual Property Organization (WIPO) is at the forefront of international organizations in adopting an Open Access policy for its publications.  I suggest that WIPO, and other international organizations, should go further to ensure that all its documents and historical records are also openly accessible under the Creative Commons licence designed for international organizations.  Read the post here.

Intellectual Property and Access to Science and Culture: Convergence or Conflict?

The Centre for International Intellectual Property Studies (CEIPI) has launched the publication of “Intellectual Property and Access to Science and Culture: Convergence or Conflict?”, exploring the relationship between intellectual property (IP) rights and the right to science and culture.

The landscape of copyright in scientific work has changed dramatically in recent years, partly as a result of the emergence of a strong critique of the privatization of scientific knowledge and publications. The issue of access to science has been raised at the UN by UN Special Rapporteur Farida Shaheed, who in 2014 noted that privatizing scientific knowledge could work against the human right "to enjoy the arts and to share in scientific advancement and its benefits" (UDHR Art. 27). She noted that, from a human rights perspective:

Copyright laws should place no limitations upon the right to science and culture, unless the State can demonstrate that the limitation pursues a legitimate aim, is compatible with the nature of this right and is strictly necessary for the promotion of general welfare in a democratic society. (20)

As Shaheed notes in her introduction to Intellectual Property and Access to Science and Culture, "[a]dopting a human rights perspective on intellectual property issues is both crucial and urgent." The authors of Intellectual Property and Access to Science and Culture discuss the history, origins, and impact of Shaheed's groundbreaking reports, concluding (Christophe Geiger) that a human rights framework requires re-conceiving of copyright as a cultural right that includes a right of access.

Chapter 3 of my book, International Copyright and Access to Knowledge gives further background on copyright and science. Titled "Access to scientific knowledge," it recounts the history of international copyright in scientific works. I note that when the international copyright system was founded, scientific journal articles were placed, by default, in the public domain. This is due in large part to the efforts of Haitian diplomat, doctor, and writer Louis-Joseph Janvier, in fighting for broad and liberal access to scientific works worldwide. My chapter recounts historical debates over the question of whether copyright should apply to scientific works, and traces the transformation of the international copyright system and the narrowing of principles of access to scientific works.

Does IP have a role in sustainable development? Of course it does!

Does intellectual property have a role in sustainable development?  Of course it does!  But the World Intellectual Property Organization, a UN agency, seems uncertain as to whether it has a role to play in implementing the UN's Sustainable Development Goals (SDGs).

As I note in a draft book chapter, WIPO's preliminary analysis of the ways in which its work supported SDGs viewed most of WIPO’s work as contributing to SDG 9, the building of infrastructure and industrialization, as well as goal 8, that of economic growth.

Surprisingly few of WIPO’s activities were viewed by WIPO as contributing to the SDGs of education, hunger, protecting biodiversity, combating climate change, or ensuring human health.

"Developed" countries argue "that only a few goals apply to the work of WIPO, and others argue that there should be no ‘cherrypicking’ as all the goals in one way or another do apply to WIPO’s work as a UN agency."  The view of the "developed" countries, here, is completely ridiculous; it is clear that intellectual property plays an important role in relation to many SDGs, including those related to food and agriculture, health, innovation, climate change, biodiversity, and technology transfer.

The world intellectual property system, at present, also sometimes works contrary to achievement of the SDGs, by locking up agricultural innovation, inflating drug prices, stalling innovation, rewarding the invention and sale of dirty technologies, locking up biodiversity, and preventing technology transfer. There is no shortage of proposals for reform that would help to address these problems.  (See the work of Peter Drahos, Matthew Rimmer, and Ahmed Abdel-Latif, among  many others.)  Industry players note the important role of intellectual property  in potentially stalling climate-friendly innovation; this is why Tesla has adopted open patent policies to encourage the take-up and spread of electric vehicle technology.

WIPO and its member states should acknowledge the links between intellectual property and both sustainable and unsustainable development.  The UN sustainable development agenda requires WIPO, as a UN agency, and its member states to build and retool world intellectual property institutions for sustainable development. 

Sci-Hub and the history of copyright in scientific works

Sci-Hub, the "Napster for academics", is a project based in the notion that scientific knowledge should be made freely available.  John Willinsky, in his recent article for TimesHigherEd, quotes from a letter sent by Sci-Hub's founder, Alexandra Elbakyan,  in which she explains why she founded the hub:

Elbakyan explains that as a student in Kazakhstan, she found the “payment of $32 [Elsevier points out that it’s as high as $41.95] is just insane when you need to skim or read tens or hundreds of these papers to do research”. She adds: “I could obtain any paper by pirating it so I solved many requests and people always were very grateful for my help.”

Willinsky argues, "This right to know is also behind this new, emerging academic publishing economy. It is aligned with the broader social and intellectual movement of open science."

However, the founder of Sci-Hub is currently being sued by Elsevier for copyright infringement.

Chapter 3 of my new book, International Copyright and Access to Knowledge  is called "Access to scientific knowledge." It recounts the history of international copyright in scientific  works.  In the chapter, I note that when the international copyright system was founded, scientific journal articles were placed, by default, in the public domain.  This is due in large part to the efforts of Haitian diplomat, doctor, and writer Louis-Joseph Janvier, in fighting for broad and liberal access to scientific works worldwide.  It recounts historical debates over the question of whether copyright should apply to scientific works, and traces the transformation of the international copyright system and the narrowing of principles of access to scientific works.

As Willinsky notes, Elbakyan carries on a tradition of civil disobedience that represents "a 10-fold escalation of the tragic protest of Aaron Swartz, a gifted US computer scientist and entrepreneur who committed suicide two years ago after being charged with theft for downloading 4 million journal articles to his laptop." Her efforts also reflect a sentiment that can be traced right back to the founding of the international copyright system, to before a time when copyright took a wrong turn.

Upcoming talk @ Ryerson: International Copyright and Access to Knowledge

Here is the poster for my upcoming talk for students at Ryerson University's School of Creative Industries' CREA T.O. speakers' series about my new book, International Copyright and Access to Knowledge.  Thanks to Ryerson student Daphne Chan, who created this terrific poster!

New Book: International Copyright and Access to Knowledge

My new book, International Copyright and Access to Knowledge,  is now available from Cambridge University Press.

The principle of Access to Knowledge (A2K) has become a common reference point for a diverse set of agendas that all hope to realize technological and human potential by making knowledge more accessible. This book is a history of international copyright focused on principles of A2K and their proponents. Whilst debate and discussion so far has covered the perspectives of major western countries, the author's fresh approach to the topic considers emerging countries and NGOs, who have fought for the principles of A2K that are now fundamental to the system. Written in a clear and accessible style, the book connects copyright history to current problems, issues and events.

"Sara Bannerman's thoughtful and compelling book is a must-read for all of those interested in the challenges of increasing access to knowledge. She offers historical perspective on the narrowing of the knowledge commons and identifies opportunities for positive change going forward."
-Susan K. Sell, George Washington University

 International Copyright and Access to Knowledge is available through CUP, Amazon, on Wordery. An excerpt is available here.  Purchases through CUP can make use of 20% discount code Bannerman2015.

Concordia goes open access

Congratulations to Concordia University for adopting a policy that will "encourage all of its faculty and students to make their peer-reviewed research and creative output freely accessible via the internet." This shows Concordia's laudable desire to "make publicly-funded research available to all rather than just the minority able to afford the rapidly rising subscription costs of scholarly databases, books and journals."