My Research, My Rules?Intellectual Property and Copyright in Research

Garret McMahonResearch SupportTrinity College Library

Acknowledgements: Niamh Brennan, Research Support, Trinity College DublinCatherine Bruen, National Digital Learning Resources (NDLR), Trinity College Dublin

ALL RESOURCES FOR THIS WORKSHOP AVAILABLE FROM: http://tcdcopyright.pbwiki.com/

What is intellectual property?

“all those things that emanate from the exercise of the human mind, such as ideas, inventions, poems, designs,

music, etc”

Intellectual property is therefore about creative ideas

The law…

The law does not protect the right to own intellectual property unless the owner has taken steps to claim the legal ownership, except for the rights of copyright which are automatic.

Intellectual property has 2 main branches:a) Industrial property, chiefly in:

Patents for inventions Trade marks Industrial Designs

b) Copyright, chiefly in literary, musical, artistic, photographic and audio-visual works. Includes software.

Protecting Intellectual Property (1) Your rights to intellectual property are

not automatically protected

You must always seek advice on intellectual property matters

Never sign an agreement regarding College-owned IP.

Contact details for IP advisors in College are available

Protecting Intellectual Property (2) Before beginning your research

discuss IP issues with your supervisor or Head of Department

Such issues may well be subject to contractual obligations to funding agencies.

Protecting Intellectual Property (3) If you are employed by the

University any intellectual property developed in the course of that employment will be covered by College IP policy and your employment contract.

If you think that your research may lead to intellectual property which could be exploited commercially you are required to reveal this.

College IP Policy

All universities have policies in place regarding intellectual property

Advice and support is available through the Technology Transfer Office in each institution.

TCD Technology Transfer Office Guidelines Internal Information Policy, Practice and Regulations on Intellec

tual Property Information Compliance Office TARA

What’s Covered?

College claims ownership of all Intellectual Property arising from the work of College Staff in the course of their employment and/or in the fields of expertise in which they choose to work.

College does not claim ownership of intellectual

property in scholarly publications of College Staff which are of literary,

historical, social, philosophical, scientific, or critical nature, books and textbooks whether creative works or works of analysis, art works and newspaper articles, or films provided that none of

these were commissioned by the University or its agents, and provided that none of the work was carried out with funding provided by any third party.

Software is viewed as literary work in Irish law and is also subject to copyright.

Assignment of Rights (1)

If a project has external funding the sponsor may require the University to enter into an agreement which secures for the sponsor some ownership of the intellectual property created during the project.

Assignment of Rights (2)

It is extremely rare – only ever in cases of 100% industry funding – that you may be asked to sign an agreement which assigns your intellectual property to a third party external to College.

It is also extremely rare (and only ever in cases of 100% industry funding) that, if you are joining an existing research project, you are also asked to sign an agreement relating to the sharing of ownership of intellectual property arising from that project.

Assignment of Rights (3)

It is TCD policy to ensure that TCD and TCD researchers receive some fair reward for IP created by them which is assigned or licensed to industry sponsors in line with the Funding Agency Guidelines.

Publication Rights

Universities are required to disseminate the results of their research.

In some circumstances there is a need to legally protect intellectual property or to treat certain aspects of research as being confidential for some period of time

Research sponsors or collaborators may sometimes require restrictions on publication of the results of a project. These may allow publication to be delayed for a reasonable period or for sponsors to review proposed publications to check for inadvertent disclosure of proprietary knowledge.

Copyright and Intellectual Property

Copyright automatically takes effect when you complete any written work or some other kinds of work (such as films), so you are therefore the first owner of copyright for your thesis or dissertation. You can also make a claim to moral rights over your published work, namely the rights to be acknowledged as the author and to object to any derogatory treatment of it.

However this does not mean that you necessarily own all the rights to the knowledge contained in your thesis, and if you have signed an intellectual property agreement relating to your research you may not be able to publicise or disclose all the contents of your thesis without restriction.

Copyright. What is it?

Primarily, a property right

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Bestows moral rights on the author

These include the right to be identified as the creator of a work, not to have works falsely attributed to you or have your work falsely attributed to someone elseIt also covers the right not to have your work changed or adapted in any way without your permission.

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What is protected by copyright?

Literature – including novels, instruction manuals, computer programs, song lyrics, newspaper articles, website content and some types of database

Drama - including dance or mime

Music

Art - including paintings, engravings, photographs, sculptures, collages, architecture, technical drawings, diagrams, maps and logos

Layouts used to publish a work, for a book; Recordings of a work, including sound and film ; Broadcasts of a work

Dawn Endico

What is not protected by copyright?

Copyright does not protect ideas, concepts, styles, techniques or information.

Some "works" are too small or unoriginal to be protected as copyright works. For example, single words, names, titles, slogans and headlines are unlikely to be protected by copyright - although they may be protected in other ways, for example as trademarks.

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Exceptions to copyright

Insubstantial copying

‘Fair dealing’ or fair use

Educational uses

Libraries and Archives

Under the "fair dealing" provisions of the Copyright and Related Rights Act, 2000, staff and students can copy literary, dramatic, musical or artistic work and audio-visual material without the permission of the copyright owner, provided their copying is for the purpose of research or study, criticism or review.

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Who owns the copyright when I publish?

Most authors think their work is their own. But this is often not the case. What you consider to be your intellectual property may actually belong to your institution if it was undertaken as part of your employment. Or it may belong to a third party, such as a journal publisher, if you agree to transfer your ownership of copyright to that third party.

This practice of signing your copyright over to your publisher has, until recently, been the norm. The practice is now coming under scrutiny and many authors are opting to retain their copyright under alternative models.

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How does ownership get transferred?

Copyright Transfer Agreement

‘The undersigned, with the consent of all authors, hereby transfers, to the extent that there is copyright to be transferred, the exclusive copyright interest in the above-cited manuscript (subsequently called the “work”), in this and all subsequent editions of this work, and in derivatives, translations, or ancillaries, in English and in foreign translations, in all formats andmedia of expression now known or later developed, including electronic...’

Exclusive Licence Form

‘In order for your Article to be distributed as widely as possible in Journal of Integrative Plant Biology (the Journal) you grant Institute of Botany, Chinese Academy of Sciences and Blackwell Publishing Asia Pty Ltd ACN 004 901 562 (Blackwell Publishing) an exclusive licence to publish the above Article including the abstract in printed and electronic form, in all languages, and to administer subsidiary rights agreements with third parties for the full period of copyright and all renewals, extensions, revisions and revivals. The Article is deemed to include all material submitted for publication with the exception of Letters, and includes the text, figures, tables, author contact details and all supplementary material accompanying the Article.’

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Things to consider before you transfer your copyright to a publisher

Does the body that funded my research allow the full transfer of copyright to a publisher?

Does the institution where I work allow the right to exclusive dissemination of my research outputs to reside with a commercial publisher?

 Mendhak

‘All researchers must lodge their publications resulting in whole or in part from HEA-funded research in an open access repository as soon as is practical after publication, and to be made openly accessible within calendar months at the latest, subject to copyright agreement.’

‘All researchers must lodge their publications resulting in whole or in part from IRCSET-funded research in an open access repository as soon as is practical, but within six calendar months at the latest.’

‘All researchers are required to lodge their publications resulting in whole or in part from SFI-funded research in an open access repository as soon as possible after publication.’

Irish research funders with Open Access policies

The University of Edinburgh

University College London

Massachusetts Institute of Technology

Institutions with Open Access policies

Trinity College Dublin’s Open Access Policy as of October 2010

In a move aimed at broadening access to its research and scholarship, Trinity College Dublin has adopted a policy to make its scholarly articles available to the public for free and open online access. The new policy confirms Trinity’s commitment to disseminating its research outputs and scholarship as widely as possible. This move places Trinity at the forefront of academic institutions worldwide that are pioneering the move to Open Access.

Trinity’s Dean of Research, Dr David Lloyd said: "Knowledge must be accessible widely if its benefits are to impact on society. Trinity is proud to make the work of our world class researchers and scholars available on open access. This policy means that the institutional supports will be in place to assist our researchers in making their work freely available.”

Under the new policy, faculty authors give TCD nonexclusive permission to disseminate their journal articles and other scholarly publications for open access through TARA, Trinity’s Access to Research Archive. The policy covers all scholarly articles, peer reviewed conference papers, reports and TCD research theses. The deposit of books, book chapters and datasets associated with published research is strongly encouraged.

An Institutional Repository is an online locus for collecting, preserving, and disseminating -- in digital form -- the intellectual output of an institution, particularly a research institution.

For a university, this would include materials such as research journal articles, before (preprints) and after (postprints) undergoing peer review, and digital versions of theses and dissertations, but it might also include other digital assets generated by normal academic life, such as administrative documents, course notes, or learning objects.

The four main objectives for having an institutional repository are: to create global visibility for an institution's scholarly research; to collect content in a single location; to provide open access to institutional research output by self-archiving it; to store and preserve other institutional digital assets, including unpublished or otherwise easily lost ("grey") literature (e.g., theses or technical reports).

Other routes to Open

http://creativecommons.org/about/Creative Commons

Creative Commons licenses contain four major permissions:Attribution (by) requires users to attribute a work's original author. All Creative Commons licenses contain this option, but some now-deprecated licenses did not contain this component.

Authors can either not restrict modification, or use Share-alike (sa), which is a copyleft requirement that requires that any derived works be licensed under the same license, or No derivatives (nd), which requires that the work not be modified. Non-commercial (nc) requires that the work not be used for commercial purposes.

As of the current versions, all Creative Commons licenses allow the "core right" to redistribute a work for non-commercial purposes without modification. The Non-commercial and No derivatives options will make a work non-free.

Mickipedia

Thanks for listening and remember to read the small print!

All images used in this presentation were downloaded from Flickr under a Creative Commons non-commercial licence

felipe trucco