copyright and your research
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Copyright & your research
Claire StewartDirector, Center for Scholarly Communication & Digital Curation
Head, Digital Collections departmentNorthwestern University Library
Research Resources Forum 2013
My name is Claire
I am not a lawyer
I am a librarian, I study copyright
Digital Collections department
Free digitization services & equipment for faculty/grad 2East, University Library, 8:30-5, M-F
Center for Scholarly Communication & Digital Curation
Publishing, copyright and digital archiving support
What copyrights will you control?
What is copyright?
What are your options for managing and sharing your work?
How do you know when you can use someone else's work?
A bit about data and open access...
What are your questions, concerns?
A tale of three author agreements
Co-authored monograph
First edition: All rights, and the right to grant these rights to others were signed over to the publisher (copyright assignment).
Second edition: retained copyright, exclusively licensed printing and distribution rights
Co-authored article in peer reviewed journal
My (our) choice: copyright license or copyright assignment License: I keep my copyright, allow the Association to print, distribute my article
Assignment: I give all my rights over to the Association in perpetuity
Single author article in peer reviewed journal
My choice: copyright license or copyright assignment License: I keep my copyright but give Association exclusive right to print, distribute & exercise all of my other rights
Why do we agree to these terms?
What is copyright?
• What qualifies for protection and when?
• What are these "copy" "rights" ?
• How long do they last?
• Limitations and exceptions
What qualifies and when?
• Copyright protects expression, not ideas
• Factual information does not qualify: originality required.
• Must be fixed in some medium
• As soon as it's fixed, it is protected by a copyright
Categories of protected works
From U.S. copyright law, section 102
What are these “copy” “rights”?
Exclusive rights to … In plan English
Reproduce Make copies
Distribute Sell, give away at conferences, give to your students, make available for downloading on your web site
Create derivative works Make new work from an existing work, screenplay from novel, new presentation based on an old presentation, translation
Display the work publicly Hang a painting in a gallery
Perform the work publicly Theatrical performance, musical performance
Perform a digital audio transmission Stream your music online
In case you have insomnia: full text of U.S. copyright law
A few other things to remember• Copyright lasts for life of the author + 70 years
(but it was not always thus – see Peter Hirtle’s chart ... rules have changed over the years). Anonymous works: 120 years from creation.
• If you create it, you own the copyright. You do not have to include a notice or register your copyright, but registration brings benefits. (U.S. Copyright Office help ... here again, rules have changed over the years)
• Foreign works receive the same protection in the U.S. as works published here. (as long as there are copyright treaty relations)
• You can unbundle your rights, you can transfer your rights. You can share copyright: works of joint authorship
• Works for hire: things you produce as part of your regular employment
Northwestern's copyright policy"the members of the Northwestern University Academic Community
shall own in their individual capacity the copyright to all copyrightable works they create at the University resulting from their research,
teaching, artistic creativity, or writing." • Required to make best effort to grant NU a license to use the material for
"reasonable academic or research purposes of the University"
• Stronger claim for instructional materials, University retains right to use
• Specific rules about software, patent-related copyrights, things in which the university has invested extraordinary resources
• Classifies administrative documents as works for hire
http://www.invo.northwestern.edu/policies/copyright-policy
(back to U.S. Copyright Law)
Selected limitations and exceptions
• Only the first sale of a copy is under copyright holder's control (109)• Digital first sale?• Works created outside U.S.?
• Exception for classroom teaching (110)
• Exceptions for libraries to make copies (108)• 108 spinner
• Fair use (107)
First sale
Kirtsaeng v Wiley
U.S. Supreme Court, March 13, 2013
Key point: what does ‘legally made under this title’ mean?
(Stephen Colbert on the Kirtsaeng case)
Fair use, four factors
• Nature of the usefor profit or non? educational use? Criticism?
• Nature of the workhighly creative? published or unpublished?
• Amount and substantiality of the usethe heart of the work? the entire work?
• Market effectdisplacing sales?
Beyond the factors: TRANSFORMATIVENESS
“Where Cariou’s serene and deliberately composed portraits and landscape photographs depict the natural beauty of Rastafarians and their surrounding environs, Prince’s crude and jarring works, on the other hand, are hectic and provocative.”
Cariou v Prince. 2013. United States Court of Appeals for the Second Circuit.
What are the rules about incorporating works created by others?1. Is it still under copyright?
if yes then...
2. Does an exception (fair use?) apply?
if no, then ... you need to request permission
Nightmare scenario: you discover right before publication that your publisher won't include that photo in your book without a signed copyright agreement form ... what do you do?
Need to request permission? Visit ‘Obtaining Copyright Permissions’
a guide from the University of Michigan Library
Sometimes silly things happen…
Mappa Mundi, ca. 1430
Using OPS (other people’s stuff) in your dissertation
http://dissertations.umi.com/northwestern/
ProQuest provides a list of things for which they like to see permissions:• Very long quotations• Reproduced publications
(survey instruments, journal articles, etc.)
• Unpublished works• Substantial chunks of
o Poetry & lyricso Dialogue from dramatic worko Musico Graphical works
• Software developed by someone else
Using OPS (other people’s stuff) in your article or book
Will depend on the publisher! Read the instructions to authors
• Publishing in JLA is considered a commercial activity
• “As an author, you are required to secure permission to reproduce any proprietary material, including text. However it is the custom and practice in academic publishing that short extracts of text (excluding, we emphasize, poetry and song lyrics) may be reproduced without formal permission…”
• T&F has a different standard for text excerpts vs. photos, video stills, graphs, etc:
“Do I need permission to use very old paintings? Yes, you should get permission from the artist and the owner.”
Taylor & Francis Author Services: Seeking Permission
Your rights in your dissertation
Standard agreement with ProQuest is a license
Your rights to your work: what do you want to be able to do with it?
• Let prospective students and collaborators find and read your articles?
• Post your articles to your professional web site?
• Put them in a disciplinary repository (SSRN, PubMedCentral)?
• Let someone use it in data-mining?
• If your publisher decides not to reprint your book, can you reclaim the rights and put it up online for free? (reversion)
Authors agreements: terms you may encounter
• Transfer of all rights in perpetuity• Exclusive license of certain of your rights• License of certain rights on a nonexclusive basis • Self-archiving restrictions*
o only the pre-peer review copy o you have to wait X months before you can use the
publisher PDFo only if mandated by the institution (Harvard OA mandate)
or a funder (NIH, for example) • You can participate in our open access program if you pay
an additional author fee
*self-archiving: posting your work on your web page or depositing it in an institutional or a disciplinary repository
Making sense of it all, alternatives, substitutions, etc.
• Creative Commons licenses• Open Access• SHERPA/RoMEO • Author addenda: CIC, SPARC
Creative Commons licenses
Complements copyright; pick a CC license that exactly fits your needs: As long as there is attribution to me (BY), my work can be used for Non Commercial purposes (NC), and derivative works are OK as long as the new work is also shared (Share Alike or SA) = CC-BY-NC-SA
-Peter Suberhttp://www.earlham.edu/~peters/fos/brief.htm
Why?There are implications to putting research behind paywalls
“This journal provides immediate open access to its content on the principle that making
research freely available to the public supports a greater global exchange of knowledge.”
How do you get to OA?
• Publish in an OA journal* • Publish in a non-OA journal, pay
to participate in publisher’s hybrid open program*• Publish in a non-OA journal, but retain/exercise right
to post your work openly online– On your web site– In a disciplinary repository– In an institutional repository (NU’s coming soon)
*OA is not always free to authors! Some OA journals and almost all hybrid OA programs collect Article Processing Charges (APC), though they may waive them for authors who don’t have grants
KNOW YOUR PUBLISHER
American Historical Review
American Political Science Review
Author addenda
• CIC Author Addendumhttp://www.northwestern.edu/provost/about/announcements/cic.html o Unanimously adopted by CIC provosts in 2006, endorsed by Northwestern
Facultyo Key features:
Author has non-exclusive rights to his/her work for academic purposes After 6 months, can make full use of publisher's copy Author has right to grant employing institution rights of reproduction,
distribution, display, etc.
• Other addenda:o Scholarly Publishing & Academic Resources Coalition (SPARC)o Science Commons addendum generatoro Directory of addenda, Open Access Directory
What about data?
Is it protected by copyright?
What happens when literature becomes data?
Web of Science: citation flow by field over time
Google Books ngram viewer: mapping phrase occurrence over time
Data and data sharing: rules and norms are different
Emerging policy area
Mandates from NSF, NIH, NEH-ODH: now expect a Data Management Plan (DMP)
Promote data preservation and sharing
New White House directive, February 2013, requiring public access plans from all agencies
disbursing $100M or more, publications AND data
(what is data?)
Data sharing (& safekeeping) options• At Northwestern
• Your school, department • Vault (NUIT)• Institutional repository (NUL) under
development• NU’s research data ownership poli
cy• Disciplinary repositories
• ICPSR (Poli Sci)• SSRN (Social sciences)• OpenContext (Arch)• Open Access Directory (OAD)
• Other• Google
Dataset Publishing Language • Insert_your_solution (DropBox,
Box.net, Amazon, CrashPlan, etc.)• figshare
Evans, T. (2012). Collaboration Profiling in UK Higher Education.http://figshare.com/articles/Collaboration_Profiling_in_UK_Higher_Education/95973
Final bits of advice• Get in the habit of putting a copyright statement
(Copyright © 2013, Claire Stewart) on your work, or, even better, a Creative Commons license (or both)
• You control your copyright, don't hesitate to ask for terms that will let you keep the rights you want
• Keep copies of authors agreements/contracts
• If you plan to use someone else's work in your work, document where you got your copy, when you got it, and the rights as you understand them
• Give some thought to organization of content ahead of time
• Keep your data safe: make. lots. of. copies.
You will probably forget everything I've
just talked about
The only thing you
need to remember is...
My name is Claire
I am here to help
Come find me when you have questions about copyright, authors rights, open access...
you'll find me in 2East
Digital Collections & the Center for Scholarly Communication and Digital Curationcscdc.northwestern.edu
claire-stewart@northwestern.edu
gchat&AIM: claireystew
Photo creditsSlide: Center for Scholarly Communication & Digital Curationknow your rights (http://www.flickr.com/photos/keoshi/1336264417/) / Filipe Varela (http://www.flickr.com/photos/keoshi/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)
Slide: Why do we agree…? Frustration (http://www.flickr.com/photos/14511253@N04/4411497087/) / Andrew Mccluskey (http://www.flickr.com/photos/14511253@N04/) / CC BY 2.0 (http://creativecommons.org/licenses/by/2.0/)
Slide: What is copyright?Large copyright sign made of jigsaw puzzle pieces (http://www.flickr.com/photos/horiavarlan/4839454263/lightbox/) / Horia Varlan (http://www.flickr.com/photos/horiavarlan/) / http://creativecommons.org/licenses/by/2.0/ (http://creativecommons.org/licenses/by/2.0/) Slide: What qualifies and when?Writing (http://www.flickr.com/photos/anotherphotograph/2276607037/) / Tony Hall (http://www.flickr.com/photos/anotherphotograph/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)
Slide: Limitations and exceptionsLimit velomobile (http://www.flickr.com/photos/velomobiling/308274953/) / Mary (http://www.flickr.com/photos/velomobiling/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)
Slide: Fair usefair use classroom poster draft (http://www.flickr.com/photos/sixteenmilesofstring/2596569134/in/photostream/) / Timothy Vollmer (http://www.flickr.com/photos/sixteenmilesofstring/) / CC BY 2.0 (http://creativecommons.org/licenses/by/2.0/)
Photo credits (continued)Slide: [Image from Cariou v Prince] Steinberger, Joshua. 2011. “Treading a Very Fine Line: The Intersection of Contemporary Art and Copyright Law.” Intellectual Property, Media & Entertainment Law Journal. http://iplj.net/blog/archives/3543.
Slide: “Where Cariou’s serene…” quote from decision Patrick Cariou v Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. 2013. United States Court of Appeals for the Second Circuit.; photo of Richard Prince’s ‘Canal Zone’ from “Richard Prince Ordered to Destroy Lucrative Artwork in Copyright Breach.” 2011. The Guardian. March 23. http://www.theguardian.com/world/2011/mar/23/richard-prince-artwork-copyright-breach.
Slide: Sometimes silly things happen…Mappa Mundi – Borgia – c.1430 (http://michaeljallen.org/Mappa%20Mundi.html)
Slide: Creative Commonscreative commons -Franz Patzig- (http://www.flickr.com/photos/21572939@N03/2090542246/) / A. Diez Herrero (http://www.flickr.com/photos/21572939@N03/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)
Slide: What about data?Rosvall, M., & Bergstrom, C.T. (2010). Mapping Change in Large Networks. PLoS ONE, 5(1), e8694. doi: 10.1371/journal.pone.0008694 and Screen shot from Google ngram viewer: http://books.google.com/ngrams
Slide: Data sharing (& safekeeping) optionsEvans, T. (2012). Collaboration Profiling in UK Higher Education.http://figshare.com/articles/Collaboration_Profiling_in_UK_Higher_Education/95973
Copyright © 2013, Claire Stewart
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