Open Access to Knowledge (OAK) Law Project Report No. 1: Creating a legal framework for copyright management of open access within the Australian academic and research sector

Fitzgerald, Brian F., Fitzgerald, Anne M., Perry, Mark, Kiel-Chisholm, Scott D., Driscoll, Erin P., Thampapillai, Dilan, & Coates, Jessica M. (2006) Open Access to Knowledge (OAK) Law Project Report No. 1: Creating a legal framework for copyright management of open access within the Australian academic and research sector. QUT Faculty of Law - The OAK Law Project, Brisbane, Qld..



This Report analyses the copyright law framework needed to ensure open access to outputs of the Australian academic and research sector such as datasets, articles and theses. It is written in the context of an increasing recognition, in Australia and internationally, that access to knowledge is a key driver of social, cultural and economic development and that publicly funded research should be openly accessible. With the objective of enabling access to knowledge, this Report proposes the development of clear protocols for copyright management (designed as practical and effective tools) for implementation in the Australian academic and research sector

The Report explains that with the rise of networked digital technologies our knowledge landscape and innovation system is more and more reliant on best practice copyright management strategies. Furthermore in the 21st century these strategies need to accommodate both the demands for open sharing of knowledge and traditional commercialisation models. To this end, this Report examines the way in which practices for managing copyright, interact with the new web based frameworks that have developed for knowledge creation and dissemination. It focuses on specific areas that are central to the promotion of innovation and creativity in Australia, with emphasis on various types of repositories.

More specifically, this Report provides an overview of the principles of copyright law, the concept of open access to knowledge, the recently developed open content models of copyright licensing and proposes a framework for enhancing the management of copyright interests in research and academic output (including electronic theses and dissertations (ETD)). The Report describes a forward work program which, upon implementation, will provide the platform for the development of systems and practices designed to effectively promote open access to knowledge within the Australian academic and research sector.

The Report calls upon Australian research and funding institutions to consider their commitment to open access and articulate this in clear polices and copyright management frameworks. It proposes a survey of researchers about their understanding of, attitudes towards and experience with publishing agreements and the provision of model agreements that can facilitate open access and commercialisation objectives. The Report details a methodology for cataloguing and better understanding publishers’ attitudes towards open access. This list aims to be interoperable with the existing SHERPA list based in the UK and accessible through a web interface known as the OAK List. Finally the Report looks at copyright management of open access to ETD and makes proposals for better managing this process. In all of these endeavours the OAK Law Project aims to undertake work that will be of relevance to and can be utilised by key stakeholders.

Impact and interest:

Search Google Scholar™

Citation counts are sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

Full-text downloads:

3,668 since deposited on 05 Feb 2007
202 in the past twelve months

Full-text downloads displays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.

ID Code: 6099
Item Type: Book
Additional URLs:
Keywords: copyright law framework, open access, Australian academic and research sector, datasets, databases, articles, theses, access to knowledge, social development, cultural development, economic development, publicly funded research, openly accessible, enabling access to knowledge, protocols for copyright management, academic and research sector, networked digital technologies, knowledge landscape, innovation system, best practice copyright management strategies, open sharing of knowledge, traditional commercialisation, practices for managing copyright, new web based frameworks, knowledge creation, knowledge dissemination, promotion of innovation and creativity, repositories, digital repositories, copyright law, open content licensing, copyright licensing, electronic theses and dissertations, ETD, Australian research, Australian funding institutions, intellectual property, open access policies, researchers, publishing agreements, model agreements, commercialisation, methodology for cataloguing, publishers’ attitudes, SHERPA list, web interface, OAK List, legal framework, blogs, creative commons, google, A2K, DRM, digital rights management, FLOSS, Free/Libre and Open Source Software, IT, information technology, DEST, Department of Education, Science and Training, JISC, Joint Information Systems Committee, NCRIS, National Collaborative Research Infrastructure Strategy, non, commercial, noncommercial, NIH, National Institutes of Health, Wellcome Trust, OAK Law, Open Access to Knowledge, OECD, Organisation for Economic Cooperation and Development, SPARC, Scholarly Publishing and Academic Resources Coalition, TPM, Technological Protection Measures, TRIPS, Agreement on the Trade, Related Aspects of Intellectual Property Rights, UDHR, Universal Declaration of Human Rights, WCT, WIPO Copyright Treaty, WIPO, World Intellectual Property Organisation, WSIS, World Summit on the Information Society, WPPT, WIPO Performances and Phonograms Treaty, ICT, Information and Communications Technology, ISP, Internet Service Providers, ERMI, Electronic Rights Management Information, ADT Program, Australasian Digital Thesis Program, RCUK, Moral rights, mashup, remix, SURF, Wikipedia, WTO, World Trade Organisation, Zwolle Project
ISBN: 9780980298819
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2006 (The authors)
Copyright Statement: This work is licensed under an Australian Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License <>
Deposited On: 05 Feb 2007 00:00
Last Modified: 21 Jun 2017 14:39

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page