know your author's rights

Know Your Author's Rights

Rafia Mirza

Humanities Research Librarian

rmirza@smu.edu

This presentation adapted from Brett Currier’s “Author's Rights under (CC BY-NC-SA 2.5) license

Learn what questions to ask and how to negotiate with publishers when

completing your publication agreements.

Discover what you need to know when posting your articles in online

repositories.

This workshop will help authors navigate the scholarly communication

landscape.

Intellectual PropertyPatents

Trademark

Copyright

Inability to predict evolution

HOW YOU WILL USE YOUR WORK

5

What is Copyright?

Created at the moment a work isfixed in a tangible medium of expression.

WHEN IS A COPYRIGHT CREATED?

7

COPYRIGHT IS…A BUNDLE OF RIGHTS

• Make copies

• Distribute the work

• Prepare derivative works

• Publicly perform or display the work

• License any of the above to third parties

• Transfer the copyright to a third party

WHAT DO YOU WANT TO DO WITH YOUR WORK?

• Share with colleagues

• Include in a dissertation or thesis

• Make it available to your students

• Use parts of it in future research projects

• Allow colleagues to reuse part of your work in their research projects

• Post to a personal or department website

• Post to the Research Commons or another subject specific repository *

• Others . . .

*May be required if you have external funding

Open Access

This presentation adapted from Brett Currier’s presentation Author’s

Rights

Creative Commons license

CREATIVE COMMONS LICENSES EXPLAINED

From Technology Enhanced Learning Blog

Losing your Copyright

LOSING YOUR COPYRIGHT

• Copyright can only be transferred (“assigned”) in writing

• Licensing allows specific rights to be retained:

• Authors keep copyright and license other rights (e.g., first publication)

• Publishers take copyright and license rights back (e.g., reproduction, derivatives)

• Addenda can be added to publication agreements to negotiate rights retention

THE RIGHTS PUBLISHERS . . .

16

Need

• Right of First Publication

Want

• Reproduction

• Distribution

• Derivatives

Four Models for Contract Terms

FOUR MAIN MODELS

18

Model Type Journal Examples

Work Made for Hire Oxford University Press; ASME

Copyright Transfer Elsevier Journals (over 2000 titles)

Exclusive License Elsevier Open Access license

Non-Exclusive License PLOS; Buzzfeed

WORKS MADE FOR HIRE: OUP

19

Who owns

the

copyright?

Did you

ever own

the

copyright?

Reuse by

author?

Institutional

Repository

Deposit?

Reuse by

others?

The

publisher

No Not without

permission

or a license.

Not without

permission

or a license

Not without

permission

or a license

COPYRIGHT TRANSFER: ELSEVIER

20

Who owns

the

copyright?

Did you

ever own

the

copyright?

Reuse by

author?

Institutional

Repository

Deposit?

Reuse by

others?

The

publisher

Yes Not without

permission

or a license

Not without

permission

or a license

Not without

permission

or a license

EXCLUSIVE LICENSE: ELSEVIER OPEN ACCESS

Who owns

the

copyright?

Did you

ever own

the

copyright?

Reuse by

author?

Institutional

Repository

Deposit?

Reuse by

others?

The author Yes Not without

permission

or a license

Not without

permission

or a license

Not without

permission

or a license

20

NON-EXCLUSIVE LICENSE: PLOS

22

Who owns

the

copyright?

Did you

ever own

the

copyright?

Reuse by

author?

Institutional

Repository

Deposit?

Reuse by

others?

The author Yes Yes Yes. Yes.

Model Who owns

the

copyright

?

Did you

ever own

the

copyright?

Reuse by

author?

Institutiona

l

Repository

Deposit?

Reuse by

others?

Work made

for hire

The

publisher

No Not without

permission

or a license

Not without

permission

or a license

Not without

permission

or a license

Copyright

Transfer

The

publisher

Yes Not without

permission

or a license

Not without

permission

or a license

Not without

permission

or a license

Exclusive

License

The author Yes Not without

permission

or a license

Not without

permission

or a license

Not without

permission

or a license

Non-

Exclusive

License

The author Yes Yes Yes Yes

23

Embargo

Negotiate the Agreement

The SPARC Author Addendum

Keep your contract and any additions

Keep a copy of all versions of your text

Pre-print and post-print

COMPARISON OF PUBLICATION AGREEMENTS

• JAMA

• WILEY-BLACKWELL

• JLSC (section on Copyright and Licenses)

This is an exercise originally created by Molly Keener for a ACRL workshop on Scholarly Communication

Please contact your librarian for more information

You can also email us at copyright@smu.edu

Questions?