open access and your publications: what's copyright got to do with it?
TRANSCRIPT
![Page 1: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/1.jpg)
Open Access and Your
Publications:What’s Copyright Got to Do With It?
Presented by:
ALA Editions Workshop
October 24, 2012
Kenneth D. CrewsDirector, Copyright Advisory Office
Columbia University Libraries
www.copyright.columbia.edu
![Page 2: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/2.jpg)
Welcome to Open Access Week!
http://www.openaccessweek.org/
![Page 3: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/3.jpg)
What is Open Access?
Peter Suber’s definition begins:
“Open-access (OA) literature is
digital, online, free of charge, and free
of most copyright and licensing
restrictions.”
Focus Today: Unrestricted Access
◦ Restrictions from Law
◦ Restrictions from Agreement
http://www.earlham.edu/~peters/fos/overview.ht
m
![Page 4: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/4.jpg)
Why are We Here?
The subject is Scholarship
The construct is Copyright
Premise: Scholarly Works are
Protected by Copyright
◦ Few Exceptions
◦ No Requirements of Registration or
Notice
Scholarly Works Use Copyrights
◦ E.g., Embedded Works in Articles and
Books
![Page 5: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/5.jpg)
From the Library Perspective
Copyright Establishes Control
◦ Legal Rights of Control
◦ Owner of those Rights
◦ Duration of the Rights (a loooong time!)
Control is Manifested in Licenses
◦ Acquisition of Databases
◦ Purchase of Audiovisual Works
◦ “Ownership” of E-Books
![Page 6: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/6.jpg)
From the Library Perspective
Copyright Directly Affects:
◦ Collection Development
◦ Library Services for Research & Teaching
◦ Library Services for Visually Impaired
Print Impaired
Aurally Impaired
◦ Preservation Initiatives
◦ Digital Library Development
![Page 7: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/7.jpg)
From the Author Perspective
Copyright Establishes Control
Copyright Gives You Choices
◦ Where and When to Publish
◦ Terms of any Publication Agreement
◦ Support for Library Services
◦ Support for User Access
![Page 8: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/8.jpg)
From the Author Perspective
Copyright Directly Affects:
◦ Ability of Readers to Find Your Work
◦ Citation Rate and Impact Factor
◦ Posting to Your Own Website
◦ Contribution to Your Digital Repository
E.g., Academic Commons at Columbia
University
◦ Use in Teaching
◦ Building Your Research Agenda
![Page 9: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/9.jpg)
Instruments of Control
Assertion and Stewardship of
Copyright
◦ Creative Commons
Assignments and Transfers
Publication Agreements
Acquisition Licenses
![Page 10: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/10.jpg)
Lifecycle of a Scholarly Work
Author/Researcher
Funding
Employer
Publisher
Database
Library
$
$
$
©
$
$
$
![Page 11: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/11.jpg)
Lifecycle of a Scholarly Work
Author/Researcher
Funding
Employer
Publisher
Database
Library
$
$
$
©
$
$
$
Where is the
Public?
![Page 12: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/12.jpg)
Control at Each Node
Funding Source
Employer
Author
Publisher
Database
Library
Publication Requirements
Open Access Mandate
Terms of Employment
Terms of Transfer or License
Terms of Acquisition
![Page 13: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/13.jpg)
Questions?
Coming up Soon…
More about Copyright Ownership
Examples of Publication Agreements
![Page 14: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/14.jpg)
Copyright and Control
The Law Grants Rights
◦ Reproduction of the Work
◦ Distribution of Copies
◦ Making of Derivative Works
◦ Public Displays and Performances
![Page 15: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/15.jpg)
Copyright and Control
Transfers of Control:
◦ Nonexclusive Licenses
Do Not have to be in Writing
But writing is a Good Idea
◦ Exclusive Licenses & Transfers
Must be in Writing
Must be signed by Transferor
![Page 16: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/16.jpg)
The Author
General Rule:
◦ Author is the Initial Holder of the
Copyright
Exceptions:
◦ Prior Arrangement with Funding Sources
◦ Transferred Copyrights
◦ Works Made for Hire
![Page 17: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/17.jpg)
The Employer
U.S. Government?
◦ Public Domain
Private Employer
◦ Likely “For Hire”
◦ Unless otherwise Agreed (Written &
Signed!)
◦ (Whether corporation or person)
What about University or College…?
![Page 18: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/18.jpg)
Academic Employer
General Rule: Same Rules!
However, University Policies:
◦ Often place Copyright or Control with
Authors
◦ Unless “Substantial Resources”
◦ Unless a “University Work”
Practical Effect:
◦ Faculty Authors Make the Decisions
![Page 19: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/19.jpg)
The Author’s Decisions
Choose the Journal
Accept the Offer of Publication
Read and Study the Agreement
Raise Questions
Ask for Changes – Negotiate!
Accept or Reject Final Offer
Keep Copies of all Agreements and
Emails
![Page 20: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/20.jpg)
Publication Agreements
Author Concerns
◦ Publication
◦ Dissemination
◦ Educational or instructional uses
◦ Research uses
◦ Personal use
◦ Future reuse
◦ Preservation
◦ Protection of rights
Publisher
Concerns
◦ Publication and
dissemination
◦ Reuse
◦ Preservation
◦ Protection of rights
◦ Financial
◦ Special uses
![Page 21: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/21.jpg)
Publication Agreements
Copyright Assignment
Copyright License
Author’s Reserved Rights
Version of the Work for Author’s Use
Public Access Posting
Representations and Warranties
Reversion of Rights
![Page 22: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/22.jpg)
SPARC Author Addendum
Retains Rights for Author:
To use the article in connection with
the Author’s
teaching, conferences, scholarship, an
d more
Post and disseminate the article from
a website
Pre-contract right to deposit with
institution’s or funder’s repository
![Page 23: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/23.jpg)
Publication Agreements
Watch out for Transfers:
The Author “hereby assigns [to
Publisher] all rights under copyright
that may exist in and to” the work.
Be sure to Ask for:
Retention of rights for
teaching, research, and more.
![Page 24: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/24.jpg)
Publication Agreements
Another Transfer:
“Author hereby grants and assigns to
[Publisher] the sole, transferable right
to
reproduce, publish, distribute, transmit
, make available or otherwise
communicate to the public, publicly
perform, archive, store, lease or lend
and sell the Contribution….”
![Page 25: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/25.jpg)
Publication Agreements
Is a License Really Better?
“Authors grant to [Publisher] the
exclusive license . . . to
publish, reproduce, distribute, display
and store the Contribution in all
forms, formats and media whether
now known or hereafter developed . .
.”
![Page 26: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/26.jpg)
Publication Agreements
Nonexclusive Licenses are Better:
“I hereby grant [to Publisher] a non-
exclusive license to publish the
above referenced manuscript . . . and
any accompanying
tables, illustrations, data and any other
supplemental information intended for
publication in all forms and all media .
. . throughout the world . . .”
![Page 27: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/27.jpg)
Publication Agreements
Most Hazardous: Work Made for Hire
“The Author acknowledges that the Work was specially commissioned by the Publisher and intended as an instructional text and agrees that the Work shall be considered a work-made-for-hire, with the Publisher deemed the sole owner thereof for copyright purposes.”
![Page 28: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/28.jpg)
Publication Agreements
Perhaps Most Important:
◦ Explicit Rights of Use
◦ Posting to Website and Repository
◦ Sharing with Colleagues
◦ Use in Teaching
◦ Creation of New Works and Publications
◦ Advancing Knowledge and Scholarship
![Page 29: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/29.jpg)
Why Care?
Integral to Scholarship
Copyright Decisions affect Quality
Copyright Decisions affect Access
Copyright Decisions affect Impact
Copyright and Your Future Work
◦ Expansion of Your Research Agenda
◦ Reuse of Works in Your Academic Career
![Page 30: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/30.jpg)
Keep All Options Open
Select Your Publisher with Care
◦ Director of Open Access Journal
◦ www.doaj.org
Review and Negotiate
Consider Creative Commons
◦ www.creativecommons.org
Add an Addendum
Keep a Copy of All Agreements!
![Page 31: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/31.jpg)
Action by the Community
Educate and Inform Colleagues
Develop Information Resources
Help Colleagues Understand Choices
Share Ideas and Strategies
Adopt Open Access Policies
Support Open Access Publishing
Implement Creative Commons
![Page 32: Open Access and Your Publications: What's Copyright Got to Do with It?](https://reader033.vdocument.in/reader033/viewer/2022060204/559f6bf21a28ab1e1e8b482c/html5/thumbnails/32.jpg)
Thank You!
Kenneth D. Crews
Copyright Advisory Office
Columbia University Libraries
www.copyright.columbia.edu
www.twitter.com/kcrews
Next Workshop:Tuesday, December 4“Libraries, Copyright, and the World”