Dear colleagues

Here is the link to our latest contribution to the ongoing discussion on 
copyright in the realm of taxonomy: 
http://www.biomedcentral.com/1756-0500/7/79/abstract

The question we are interested in in this series of studies is where the legal 
boundaries of copyright are, and where they have to be moved in favor of open 
access. It has to be seen in the context of beyond green road open access but 
in the realm of semantic enhanced publishing and linked open data.

Though taxonomy within biology has not yet neither full green nor gold open 
access, we have tracks that are very advanced regarding open access publishing 
(eg Pensoft journals) and that allow to look into what we consider the real 
import steps in publishing and scientific communitcation, open access semantic 
enhanced linked publishing.
Abstract
Background
As biological disciplines extend into the 'big data' world, they will need a 
names-based infrastructure to index and interconnect distributed data. The 
infrastructure must have access to all names of all organisms if it is to 
manage all information. Those who compile lists of species hold different views 
as to the intellectual property rights that apply to the lists. This creates 
uncertainty that impedes the development of a much-needed infrastructure for 
sharing biological data in the digital world.
Findings: The laws in the United States of America and European Union are 
consistent with the position that scientific names of organisms and their 
compilation in checklists, classifications or taxonomic revisions are not 
subject to copyright. Compilations of names, such as classifications or 
checklists, are not creative in the sense of copyright law. Many content 
providers desire credit for their efforts.
Conclusions
A 'blue list' identifies elements of checklists, classifications and monographs 
to which intellectual property rights do not apply. To promote sharing, authors 
of taxonomic content, compilers, intermediaries, and aggregators should receive 
citable recognition for their contributions, with the greatest recognition 
being given to the originating authors. Mechanisms for achieving this are 
discussed.
Best regards

Donat


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