know your rights: publishing and author agreements stephanie h. wical assistant professor...

Know Your Rights:Publishing and Author Agreements

Stephanie H. WicalAssistant ProfessorPeriodicals and Electronic Resources LibrarianW. D. McIntyre Library, UWEC

Greg KockenAssistant ProfessorHead, Special Collections & ArchivesW. D. McIntyre Library, UWEC

October 27, 2011

Know Your Rights:Publishing and Author Agreements COPYRIGHT

You, the author, are the copyright holder unless (or until) you transfer copyright to another party.


opyright gives you exclusive rights to:

Reproduction Distribution Public Performance Public Display Modification of the original

work

Know Your Rights:Publishing and Author Agreements

COPYRIGHT

The copyright holder controls the work.

If your publication agreement transferred copyright, you may not be able to:

Place the work on D2L or a website

Copy the article for students or colleagues

Deposit it in an institutional repository

Re-use portions in another work

Know Your Rights:Publishing and Author Agreements OPEN ACCESS

As an author, you want your research to have the widest

possible distribution and largest possible impact within

your scholarly community.

Open Access can help scholars achieve these goals


Freely available via the Internet Users can read, download, copy, distribute, print,

search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose

The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited.


Two Roads: Green and Gold

Green Road: Authors publish in any journal and then self-archive their article through an Institutional Repository, subject repository or personal webpage.

Gold Road: Authors publish in an open access journal


MINDS@UW is the University of Wisconsin System’s Institutional

Repository. It is an open access option which can help widely disseminate

research.

Authors who do not control copyright may not be able to deposit research in MINDS@UW


Transferring copyright does not have to be all or nothing!


American Geophysical Union (AGU)

Copyright Agreement

I have the consent of each author to transfer copyright of the article referenced above. I hereby assign and transfer to the American Geophysical Union copyright and all rights under it. I further confirm that this article has not been published previously elsewhere, nor is it under consideration by any other publisher.


The Copyright Law enacted in 1978 requires the American Geophysical Union to obtain specific rights to articles published.


Know Your Rights:Publishing and Author Agreements SELF-ARCHIVING

AGU and Institutional Repositories

*Notice the embargo period.


What does a publisher really need?

• A publisher only needs to have your permission to publish your article.

• A publisher does not need to be the copyright holder to publish your article.


Source

http://orrery.us/openaccess/agu



Green Publisher?

SourceSHERPA/RoMEO - Definitions and Terms - Publisher copyright policies & self-archivinghttp://www.sherpa.ac.uk/romeo/definitions.php?la=en&fIDnum=|&mode=advanced&version=#colours

Know Your Rights:Publishing and Author Agreements PUBLISHER POLICIES

SHERPA/RoMEO

Sourcehttp://www.sherpa.ac.uk/romeo/

Know Your Rights:Publishing and Author Agreements PUBLISHER

POLICIES

SHERPA/RoMEO

A search for Wiley’s policies


SHERPA/RoMEO“RoMEO is part of SHERPA Services based at the University of Nottingham. RoMEO has collaborative relationships with many international partners, who contribute time and effort to developing and maintaining the service. Current RoMEO development is funded by JISC.”

Sourcehttp://www.sherpa.ac.uk/romeo/about.php?fIDnum=|&mode=advanced&la=en


SHERPA“The original SHERPA partnership was formed for the SHERPA project (2002-2006) and drew from research-led universities with an active interest in establishing an example of a then-new concept - an open access institutional repository.”

Sourcehttp://www.sherpa.ac.uk/about.html#partners


What is JISC?“Historically, the acronym stood for ‘Joint Information Systems Committee’. Over time our role has evolved and our reputation in the UK and internationally has grown.”

How is JISC funded?“JISC is funded by all the UK post 16 and higher education funding bodies as well as the Research Councils.”

Source http://www.jisc.ac.uk/aboutus.aspx


Sourcehttp://www.sherpa.ac.uk/juliet/

SHERPA JULIET

Know Your Rights:Publishing and Author Agreements PUBLISHER POLICY

What does a publisher really need?

• A publisher only needs to have your permission to publish your article.

• A publisher does not need to be the copyright holder to publish your article.

Know Your Rights:Publishing and Author Agreements COPYRIGHT TRANSFER

Why does Elsevier request transfer of copyright?

“The research community needs certainty with respect to the validity of scientific papers, which is normally obtained through the editing and peer review processes. The scientific record must be clear and unambiguous. Elsevier believes that, by obtaining copyright transfer, it will always be clear to researchers that when they access an Elsevier site to review a paper, they are reading a final version of the paper which has been edited, peer-reviewed and accepted for publication in an appropriate journal. This eliminates any ambiguity or uncertainty about Elsevier's ability to distribute, sub-license and protect the article from unauthorized copying, unauthorized distribution, and plagiarism.”

Sourcehttp://www.elsevier.com/wps/find/authorsview.authors/rights

Know Your Rights:Publishing and Author Agreements COPYRIGHT TRANSFER

Why is it important to sign a Copyright Transfer Agreement or Exclusive License?

Sourcehttp://authorservices.wiley.com/bauthor/faqs_copyright.asp#1.6

Wiley is definitely wily (skilled at gaining an advantage, esp. deceitfully)!



Source

http://orrery.us/node/11


Springer Policies


From the SHERPA/RoMEO results page for Springer:

“This summary is for the publisher's default policies and changes or exceptions can often be negotiated by authors.”


Scholar's Copyright Addendum Engine

Source Scholars.sciencecommons.org

Know Your Rights:Publishing and Author Agreements ADDENDUM

Source Scholars.sciencecommons.org


Scholarly Publishing and Academic Resources Coalition (SPARC)

Source www.arl.org/sparc


What is SPARC?

Sourcehttp://www.arl.org/sparc/about/index.shtml

“SPARC®, the Scholarly Publishing and Academic Resources Coalition, is an international alliance of academic and research libraries working to correct imbalances in the scholarly publishing system. Developed by the Association of Research Libraries, SPARC has become a catalyst for change. Its pragmatic focus is to stimulate the emergence of new scholarly communication models that expand the dissemination of scholarly research and reduce financial pressures on libraries.”


SPARC ADDENDUM:4. Author’s Retention of Rights. Notwithstanding any terms in the Publication Agreement to the contrary, AUTHOR and PUBLISHER agree that in addition to any rights under copyright retained by Author in the Publication Agreement, Author retains: (i) the rights to reproduce, to distribute, to publicly perform, and to publicly display the Article in any medium for noncommercial purposes; (ii) the right to prepare derivative works from the Article; and (iii) the right to authorize others to make any non-commercial use of the Article so long as Author receives credit as author and the journal in which the Article has been published is cited as the source of first publication of the Article. For example, Author may make and distribute copies in the course of teaching and research and may post the Article on personal or institutional Web sites and in other open-access digitalrepositories.

Sourcehttp://www.arl.org/sparc/bm~doc/Access-Reuse_Addendum.pdf

Know Your Rights:Publishing and Author Agreements CREATIVE COMMONS LICENSE

Another Option:

Sourcehttp://creativecommons.org/licenses/by/3.0/legalcode

Know Your Rights:Publishing and Author Agreements CREATIVE COMMONS LICENSE

Sourcehttp://jlsc-pub.org/jlsc/

Know Your Rights:Publishing and Author Agreements MODIFY THE

CONTRACT

§ 201. Ownership of copyright

(a) Initial Ownership. — Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work.

§ 204. Execution of transfers of copyright ownership

(a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent

Know Your Rights:Publishing and Author Agreements NEGOTIATING

We will help you if you would like to negotiate the copyright

transfer agreement!

Where to go for help

Know Your Rights:Publishing and Author Agreements RESOURCES

SHERPA RoMEO http://www.sherpa.ac.uk/romeo/

SHERPA JULIET http://www.sherpa.ac.uk/juliet/

SPARC (Scholarly Publishing and Academic Resources Coalition) http://www.arl.org/sparc/

CIC (Committee on Institutional Cooperation) http://www.cic.net/Home.aspx

DOAJ (Directory of Open Access Journals) http://www.doaj.org/

MINDS@UW minds.wisconsin.edu

CREATIVE COMMONS http://creativecommons.org/

Open Access Bibliography (Charles W. Bailey, Jr.) http://www.digital-scholarship.org/oab/oab.htm

Know Your Rights:Publishing and Author Agreements NEGOTIATING

Contact Information:

Stephanie H. [email protected]

715-836-3508

Greg [email protected]

715-836-3873

know your rights: publishing and author agreements stephanie h. wical assistant professor...

Documents

copyright holder

author agreements stephanie

copyright law

exclusive rights

specific rights

open access journal

uw slide

original work slide