很少嘗試寫出內心閱讀過的英文理解的意思，沒想到想要寫的通順明確不是很容易，我這次花了四個小時整理，多查了12個生字，也才寫出這些，希望之後能夠快些了
Open Access from the Point of View of the Coalition for Action
‘Copyright for Education and Research’
By Rainer Kuhlen, Chair of Information Science, University of Konstanz; Spokesman for the Coalition for Action ‘Copyright
for Education and Research’ (Aktionsbundnis ‘Urheberrecht fur Bildung und Wissenschaft’)
從開放近用的角度來看‘教育和研究的版權’聯盟的行動
The Coalition for Action ‘Copyright for Education and Research’ (Aktionsbundnis ‘Urheberrecht fur Bildung und Wissenschaft’, ABU) was formed in the context of the current debate surrounding the reform of German copyright law. It aims to represent the interests of education and science and scholarship in a liberal treatment of knowledge and information dissemination vis a vis the legislator. The basis of the ABU is the Gottingen Declaration of 2004, signed by 6 academic organisations, 328 learned societies and 5 500 individuals(as of April 2007). Its central message is as follows: ‘In a digitised and networked information society, access to global information for the purposes of education and science must be guaranteed at all times from any place!’ This is certainly compatible with the goals of Open Access.
為計畫'版權的教育和研究' （Aktionsbundnis ‘Urheberrecht fur Bildung und Wissenschaft’，新華社）聯盟的行動形成關於目前圍繞著改善德國版權法的辯論。它的目標是代表教育、科學和學問的利益對於議員散佈自由知識和資訊的處置。新華社最初是以2004年的哥廷根宣言簽署了6學術團體， 328名學術團體和5500個個人（截至2007年4月） 。其主要消息如下： '在一個數位和網路訊息的社會，為了教育和科學目的，全球的資訊必須保證在何時何地都可以近用！ '這無疑是符合開放近用的目標。
The ABU can only indirectly promote the implementation of the principle of Open Access in education and science. Generally, Open Access is not impaired by copyright. Copyright grants authors publishing rights. An Open Access publication, however, means that the author’s exploitation rights are no longer exclusive. However, it is the authors’ decision whether to also make their work available for commercial exploitation through contractual agreements.
ABU只能在原則下間接地促進開放近用在教育和科學上的落實。一般來說，開放近用不會受版權的損害。版權授予作者出版的權利。一份開放近用的出版物，無論如何，這意味著作者宣傳權利不再是專有性的。然而，是否讓他們的工作透過契約上的協定可利用商業宣傳，是作者的決定。
In any case, the author’s personal/moral rights are not affected by Open Access. Some of the problems in the overlapping areas of Open Access and copyright are as follows:
無論如何，作者在私人/道德上的權利都沒有被開放近用影響，一些關於開放近用與版權在重疊區域上的問題如下：
It would be easier for many authors to start applying Open Access if Section 38 of the German Copyright Law was changed so that authors of contributions to periodically published collections could have their exploitation rights (for non-commercial purposes) restored after a maximum period of six months from the date of the commercial publication of their work and so that one could not even waive this right contractually. The time delay may not be in the spirit of Open Access, but this regulation could inspire many authors to make their work freely available after an embargo period of this type.
對很多作者來說會變的方便些
時間延遲並不是開放近用的精神，但是此項管制可以激勵許多作者讓他們的工作在一段這類型禁用的期間之後免費被使用。
A difficult question is whether, in addition to being encouraged to make their work
available for Open Access publication, authors should also be obliged to deposit, in parallel at least, any work resulting from research supported by public funds in the Open Access repositories of their institutions. This is currently a controversial issue, since, for some, not only the questions of ‘whether’, ‘when’ and ‘how’ constitute academic freedom, but also the question of ‘where’. For others, the question of ‘where’ should not be left exclusively to the free choice of the individual. The ABU tends to support the latter opinion, so that, in line with the
goal of the Gottingen Declaration, all of the knowledge produced with the help of public funds can be made publicly available. Of course authors should continue to be allowed to choose freely where they publish their work commercially, so long as the Open Access publication is guaranteed without delay.
A considerable part of the knowledge that should be openly accessible is contained in so-called ‘orphaned’ works. On the basis of their publication dates, these works are still protected by copyright, but their authors can only be located with great difficulty or not at all. Due to this uncertain legal situation libraries often do not dare to digitalise these culturally important items, whatever their media form, and make them freely accessible to the public. So far, legislators have not solved the problem of orphaned works. The ABU has been active in this area with suggestions, and has in principle joined the German Research Foundation’s (DFG) demand on the EU to solve this situation by considering and treating these works as if they were in the public domain until a rights holder objects. From the point of view of the DFG and the Coalition for Action, it is imperative for the freedom of research and education that the digitalisation of orphaned works or works in the public domain does not justify the creation of new copyrights or exploitation rights of the digitalised original. A similarly liberal solution should be found for works that are no longer in print.
The ABU sees Open Access as well as free
licensing forms such as ‘creative commons’
that support authors’ information autonomy as
promising solutions to the regulatory impasses
of current copyright law without fundamentally
questioning it.
