This dataset, "Replication Data for: Choices of immediate open access: The influence of journal ranking and publish-and-read deals" (henceforth: Dataset), may be reused according to the Creative Commons Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) license as described here: https://creativecommons.org/licenses/by-nc/4.0/.
The tabular data in this Dataset have been obtained from sources from the following data providers as described in the README file contained in this Dataset:
- Sikt/Cristin, https://www.cristin.no/, used under the following terms: "det gjeldende datasettet med basis i Cristin kan brukes fritt med kreditering av Sikt som kilde. Kilde: Cristin v/Sikt. https://www.cristin.no/." (see file "Terms_of_reuse_Sikt_Cristin.pdf"). The redistribution of the data in this Dataset under a CC BY license is therefore considered to be compatible with the Sikt/Cristin terms.
- Unpaywall, http://unpaywall.org/, used under their Terms of Service (https://unpaywall.org/legal/terms-of-service) and under the fair use provision of US copyright law.
According to the US Copyright Act (cf. https://www.copyright.gov/fair-use/more-info.html), "Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances". The following are four common criteria used to determine whether materials fall under the provisions of the Fair Use Law:
Criteria: The amount and substantiality of the portion taken
- What favors Fair Use status: Small portions of the original work, rather than full access
- The data files in this dataset: Unpaywall contains information about approx. 32 865 265 articles. The only information obtained from Unpaywall in the tabular data in this Dataset is the open access status for the 186 621 articles investigated. These 186 621 articles constitute approx. 0.57% of all the articles covered by Unpaywall. The information contained in the tabular data of this Dataset can thus be said to make up only a insignificant and non-coherent part of the information contained in the Unpaywall database.
Criteria: The purpose and character of the use
- What favors Fair Use status: Academic, non-commercial
- The data files in this dataset: Given the license under which this dataset is published, the use of any content of this dataset is strictly for non-commercial purposes.
Criteria: The nature of the copyrighted work
- What favors Fair Use status: Non-creative works
- The data files in this dataset: The tabular files in this Dataset contain bibliographic information which cannot be said to constitute creative work.
Criteria: The effect of the use upon the potential market
- What favors Fair Use status: Little or no effect on the copyright holder
- The data files in this dataset: Because the information obtained from Unpaywall only constitute a very limited and incoherent part of the entire Unpaywall database, it is extremely unlikely that anyone would use the data files included in this Dataset as a "substitute" for using Unpaywall. As a result, there is very little or no "competition" between the data files as distributed in this Dataset and service that is provided by Unpaywall. The distribution of the data files included in this Dataset has therefore virtually no market impact.
Therefore, publishing these data is considered to be permitted under the fair use provision of US copyright law.
