Copyright for Medical Research: A Guide to Creative Commons Licenses
Striking the right balance between access and ownership is often an art as well as a legal exercise. After all, reputation and ethos are still critical components to evidence-based research — especially when misinformation is one of the most highly contagious viruses attacking our devices and infiltrating our discourse. Simultaneously, medical research is advancing exponentially, creating an even more immediate need to publish potentially life-saving information as quickly and to as many patients, practitioners, and policy makers as possible.
Enter Creative Commons, which first got its origins at the start of Y2K. First founded in 2001, this organization is a non-profit that seeks to create a wider open-source portal of information while protecting the integrity and ownership of the original authors, artists, inventors, and more. Even within this system, there are still opportunities for innovators in medical research to set career-strengthening boundaries.
Breaking Barriers in Medical Research
According to the International Committee of Medical Journal Editors, journals should “make clear the type of copyright under which work will be published, and if the journal retains copyright, should detail the journal’s position on the transfer of copyright for all types of content, including audio, video, protocols, and data sets.” In essence, this signifies the role of medical journals in determining copyrighting standards in medical publishing. While this has greatly helped in ownership and quality control, many have weighed in on concerns about gatekeeping in the medical community, and how publication can impede the contributions of more diverse voices in medical research.
Know the Signs
There are many important considerations for any who are looking to publish or find medical and scientific research through Creative Commons, and one of the first is knowing which Creative Commons options they are, how they work, and how they are designated.
These are the signs to look for demarcating research:
CC
CC, of course, stands for Creative Commons.
BY
This designation, with the image of a person standing, means that credit must be given where it’s due in order to use it. Cite your research as you want to be cited!
SA
SA, with the “repeat” symbol, means that any new rendition or adaptation of the work must be similarly licensed and shared, regardless of whether it is used for commercial or for-profit use. This is especially important in regard to pharmaceutical copyrights and other inventions available for commercial use.
NC
NC, with the U.S. dollar sign crossed out, means that only non-commercial use is allowed for that particular content. This is especially helpful for researchers and scholars who are looking to advance their work for future study and collaboration, including via medical sciences journals.
ND
This symbol with the equal sign means that no changes are accepted, and that content can only be used or shared in its original form.
Knowing (Your Options) Is Power
Creative Commons also has a license chooser to help determine the best selection for you, your work, and any accompanying images. These images and delineations reflect the rights that those seeking to share their medical research or other innovations through Creative Commons still retain. In essence, any author still has some agency over their projects, even if they do not hold the same legal entitlements of traditional copyrighting.
When Ownership Intersects with Opportunity
Medical research that has already been peer-reviewed is welcome in Creative Commons, as this process can expedite the dissemination of new discoveries and the sharing of time-sensitive studies.
The current 4.0 iteration of Creative Commons especially helps to streamline this process while still creating opportunities for profit. Some of the leading pharmaceutical companies have copyrighted their work through the Creative Commons. Additionally, many leading medical research journals have partnered with or provided standards regarding subsequent publication of work on Creative Commons. Check with any medical journal or any organization that sponsored your research before seeking a Creative Commons license.
International Considerations
With digital access to information as the mainstay for all new developments comes even more scrutiny in how you publish your information, and with whom. And, just as Al Gore didn’t invent the Internet, neither are concerns regarding publishing and copyrighting online constricted only to the United States. While Creative Commons originated as an American organization, in subsequent years it has expanded to address international laws regarding the exchange and ownership of information.
Creative Commons Global Network
By the early to mid-2010s, and during version 2.0, Creative Commons went international, in recognition of the limitations of publications of predominantly English language works, with copyrights written with the U.S. legal code in mind. Referred to as “porting,” there are variances by country of copyright licenses and protections, translated into a variety of languages and legal codes: this means that users retain some privileges in their work, enforceable by code of conduct and some international law protections, and regardless of whether it is accessed or published in Norway, Nigeria, or New Zealand.
Understanding this aspect can even further empower medical research and bolster one’s authority on any given subject for an international audience.
Other Concerns
With any and all things in the digital age, nothing published or shared online is guaranteed, but at least by accessing the Creative Commons Global Network, including chapters by participating jurisdiction, any author or creator has some leverage over taking ownership of their work. Likewise, while Creative Commons has done much to democratize the exchange of ideas, countries in which information is severely restricted will still not reap the benefits of this process of ownership and publication, and the future is admittedly uncertain regarding any subsequent version of Creative Commons.
Parting Advice
Creative Commons does not provide individual legal services. It is also important to note a Creative Commons license is essentially irrevocable. Therefore, being mindful of audience and purpose, and the level of autonomy over one’s work, is key.
When in doubt, it is advisable to seek legal counsel before committing to any Creative Commons license.
