Open Access & Author’s Rights -

What every faculty or author should know…..

H. Stephen McMinn, Director of Collections and Scholarly Communications

Brookens Library

Discussion Topics

Open Access What is it? Why is it important? What’s in it for me? What can I do?

Your Rights as an Author Protecting Your Rights Publishers Copyright

Transfer Agreements Amendments Creative Commons IDEALS

What is Open Access?

Open Access-Lots of Definitions

Open access (OA) -- the practice of providing unrestricted access via the Internet to peer-reviewed scholarly journal articles and other scholarly works.

What do we mean by open?

Open & Free to AccessOpen to …

Contribution and Participation

Use & Reuse with Few or No Restrictions

Indexing and Machine Readable

Open MovementsOpen Access -- Public Access

Open data Open science Open humanities Open education

Open books Open peer review Open textbooks

Open Access Journals

Scholarly journals that are available online to the reader "without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself.“

Suber, Peter. "Open Access Overview". http://www.earlham.edu/~peters/fos/overview.htm

Entirely open access All or some articles open

(hybrid open-access journals) Some articles open access and

others delayed access Delayed open access

(delayed open-access journals) Self-archiving of articles permitted No open content -- content only

available to subscribers

More Open

Less Open

Levels of Open Access Journals

Types of Open Access

“Green” Open AccessAuthors publish in any journal and then self-archive a version of the article for free public use in their institutional repository, in a central repository (such as PubMed Central), or on some other OA website.

“Gold” Open AccessAuthors publish in an open access journal that provides immediate OA to all of its articles on the publisher's website.

Hybrid Open Access Provide Gold OA only for those individual articles for which their authors (or their author's institution or funder) pay an OA publishing fee.

Why Open Access?

“Information wants to be free!” Unsustainable pricing model of scholarly

journals Beliefs of the Academy – It’s the Right thing to Do!

“Open access truly expands shared knowledge across scientific fields — it is the best path for accelerating multi-disciplinary breakthroughs in research." — Open

Letter to the US Congress signed by Nobel Prize winners

Requirements of Funding Agencies Other Initiatives

NIH Public Access PolicyThe NIH Public Access Policy implements Division G, Title II, Section 218 of PL

110-161 (Consolidated Appropriations Act, 2008). The law states:

The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine’s PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication, to be made publicly available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law

NIH Public Access Policy @ http://publicaccess.nih.gov

NIH Rules - In Brief

NIH-funded research must be made freely available to the public

Deposit made publicly available no later than 12 months after the official date of publication

Authors submit an e-copy of their published articles to NIH PubMed Central

Other Initiatives

Open Access -- Illinois General Assembly – SB Bill 1900

America Competes Reauthorization Act of 2010

Increasing Access to the Results of Federally Funded Scientific Research – Presidential Policy Memorandum (2/22/13)

What’s in it for me?

Ease of Use– Copyright– Coursepacks/Couse Management– MOOCs

Increased Visibility Increased Citations

Increased Citations to Open Access Articles

What can I do?

Advocate for Open Access Publish in Open Access Journals Protect your rights as a author

– What rights are important?– How to Protect Rights

Use IDEALS (UI Institutional Repository)

Finding Friendly Publishers

The Romeo/eprints directory provides information on the self-archiving policy of journals – Levels of “openness” in publishers agreements– www.sherpa.ac.uk/romeo/

DOJA -- Directory of Open Access Journals– Used to find Open Access Journals– www.doaj.org

Sherpa/Romeo – 4 LevelsROMEO colour

Archiving policyNumber of Publishers

greencan archive pre-print and post-print or publisher's version/PDF

366

bluecan archive post-print (i.e. final draft post-refereeing) or publisher's version/PDF

408

yellow can archive pre-print (i.e. pre-refereeing) 138

white archiving not formally supported 392

Other Useful Tools

Sherpa/JULIET – Funders requirements– www.sherpa.ac.uk/juliet/

Ask me or Ask a Librarian – http://libguides.uis.edu/librarians

Protecting Authors Rights

What can you do with your article?– Publish on your website– Photocopy and pass out on street corners– Use in your course– Post to Subject Repositories– Submit to Journals– Tear up into little pieces and use for confetti

May depend on Funding Source!

Important Rights - Copyright

To publish/distribute work in print or other media

To Reproduce/Copy Prepare Translations or Derivative Works To perform or display the work publicly To authorize others to have any of these

rights – ability to transfer rights

Publishers Copyright Transfer Agreements Historic Practice -- Transfer of ownership of

copyright to publishers in exchange for publication despite the restrictions it places on your work

Authors (you) would need to obtain permission from the publisher for any of the rights transferred……

Interpreting Agreements

What to look for….– Posting to websites– Use in course packs– Use in other works– Placing in Institutional or Subject Repositories– Allowed methods of sharing– Permissions statement

Questions to Consider

What rights are your giving up?What rights are important to you?How important are these rights?

Items to consider…‒ Gov/Funder Rules/Regulations – NIH‒ University Guidelines – Senate Resolutions‒ Personal Preferences -- Open access

New Landscape for Authors

Retain Rights – 2 Options Retain only the Specific Rights You Need

• Right to use/copy for educational purposes• Right to post to your website• Right to re-use your own work in another work

But otherwise transfer copyright to publisher

OR2. Retain all Rights and License Specific Rights to

the Publisher such as right of 1st publication

Methods to Retain Rights

1. Strike out the parts of the agreement that you wish to modify.

2. Insert in the text of the agreement the rights that you wish to retain.

3. Attach an addendum to the publishing agreement which expressly sets forth the rights retained by the author.

Editing Agreement Strike out wording

– crossing out the specific clauses that you do not agree with and inserting by hand the rights you wish to retain.

Review the publisher’s agreement form for…. “SIGN HERE FOR COPYRIGHT TRANSFER: I hereby certify that I

am authorized to sign this document either in my own right or as an agent for my employer, and have made no changes to the current valid document. . .”

Editing Agreement

The following is an example:

“If there are any elements in this manuscript for which the author(s) hold and want to retain copyright, please specify: __________________________.”

[Physical Therapy, Journal of the American Physical Therapy Association]

Editing Agreements Any changes made directly on the form

agreement must include….– the initials of the author and the initials of an

authorized representative of the publisher, which are placed immediately adjacent to the handwritten or typewritten change.

– Any changes made and initialed by the author will have no legal effect without the approval of the publisher.

NIH Example

Add the following to a copyright agreement

“Journal acknowledges that Author retains the right to provide a copy of the final peer-reviewed manuscript to the NIH upon acceptance for Journal publication, for public archiving in PubMed Central as soon as possible but no later than 12 months after publication by Journal.”

Amendments to Agreements

An addendum is an attachment to a contract or form that modifies, clarifies, or adds to the contract.

If authors attach an addendum, add the statement “Subject to Attached Addendum” next to your signature on the publisher copyright agreement form.

Lots of Examples of Amendments

Amendments Creative Commons - The Scholar’s Copyright

Addendum Engine– http://scholars.sciencecommons.org/

SPARC– http://www.arl.org/sparc/author/addendum.shtml

CIC – Committee on Institutional Cooperation– http://

www.cic.net/projects/library/scholarly-communication/introduction

Final Thoughts

Publishers vs. Authors

Creative Commons IDEALS

Open Access and Copyright/Creative Commons Open access is built upon authors retaining

all or part of their initial rights under copyright law.

Creative Commons is an easy way to transfer rights – they allow creators to communicate which rights they reserve, and which rights they waive for the benefit of recipients or other creators.

IDEALS - University of Illinois Institutional Repository IDEALS is the digital repository for research

and scholarship - including published and unpublished papers, datasets, video and audio - produced at the University of Illinois.

All faculty, staff, and graduate students can deposit into IDEALS.

(https://www.ideals.illinois.edu/)

Q&A + Links SPARC

• http://www.arl.org/sparc/

ACRL Scholarly Communications• http://www.ala.org/acrl/issues/scholcomm

University of Illinois – Author’s Rights Page• http://www.library.illinois.edu/sc/services/scholarly_communications

/your_rights.html

So ……

as an author

you have even

more decisions

to make…….

including what

to do about

your rights….