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Open Access and Your Publications: What's Copyright Got to Do with It?
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Open Access and Your Publications: What's Copyright Got to Do with It?


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  • 1. Open Access and YourPublications:What’s Copyright Got to Do With It? Presented by: ALA Editions Workshop October 24, 2012 Kenneth D. Crews Director, Copyright Advisory Office Columbia University Libraries
  • 2. Welcome to Open Access Week!
  • 3. 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 m
  • 4. 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
  • 5. 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
  • 6. 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
  • 7. 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
  • 8. 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
  • 9. Instruments of Control Assertion and Stewardship of Copyright ◦ Creative Commons Assignments and Transfers Publication Agreements Acquisition Licenses
  • 10. Lifecycle of a Scholarly Work Publisher Funding © $ $ $ Author/Researcher Database $ $ Employer $ Library
  • 11. Lifecycle of a Scholarly Work Where is the Public? Publisher Funding © $ $ $ Author/Researcher Database $ $ Employer $ Library
  • 12. Control at Each Node Funding Source Employer  Publication Author Requirements  Open Access Publisher Mandate Database  Terms of Library Employment  Terms of Transfer or License  Terms of Acquisition
  • 13. Questions?Coming up Soon… More about Copyright Ownership Examples of Publication Agreements
  • 14. Copyright and Control The Law Grants Rights ◦ Reproduction of the Work ◦ Distribution of Copies ◦ Making of Derivative Works ◦ Public Displays and Performances
  • 15. 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
  • 16. The Author General Rule: ◦ Author is the Initial Holder of the Copyright Exceptions: ◦ Prior Arrangement with Funding Sources ◦ Transferred Copyrights ◦ Works Made for Hire
  • 17. 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…?
  • 18. 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
  • 19. 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
  • 20. Publication Agreements Author Concerns ◦ Publication ◦ Dissemination  Publisher ◦ Educational or Concerns instructional uses ◦ Research uses ◦ Publication and ◦ Personal use dissemination ◦ Future reuse ◦ Reuse ◦ Preservation ◦ Preservation ◦ Protection of rights ◦ Protection of rights ◦ Financial ◦ Special uses
  • 21. 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
  • 22. SPARC Author AddendumRetains 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
  • 23. Publication AgreementsWatch 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.
  • 24. Publication AgreementsAnother 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….”
  • 25. Publication AgreementsIs 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 . . .”
  • 26. Publication AgreementsNonexclusive 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 . . .”
  • 27. Publication AgreementsMost 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.”
  • 28. 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
  • 29. 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
  • 30. Keep All Options Open Select Your Publisher with Care ◦ Director of Open Access Journal ◦ Review and Negotiate Consider Creative Commons ◦ Add an Addendum Keep a Copy of All Agreements!
  • 31. 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
  • 32. Thank You!Kenneth D. CrewsCopyright Advisory OfficeColumbia University Workshop:Tuesday, December 4“Libraries, Copyright, and theWorld”