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Open Access and Author Rights


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An overview of rights that may be retained by the author under both traditional publishing agreements and open content licenses.

An overview of rights that may be retained by the author under both traditional publishing agreements and open content licenses.

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  • 1. OPEN ACCESS AND AUTHOR RIGHTS John Carey, MA, MLS Hunter College Libraries 21st Century Scholarship Series January 23, 2013
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  • 4. PAYWALL Subscription fees Copyright and licensing restrictions Makes journal articles more valuable to the publisher Makes published research less accessible to colleagues and less valuable to public 4
  • 5. OPENACCESSPUBLISHING OA literature is: Digital, online Free of charge to the reader Free of (most) permission barriers “Free availability and unrestricted use” (PLoS definition) 5
  • 6. Open Access: the “Green” and the “Gold” OA Journals (“gold OA”)  Peer-reviewed  More likely than non-OA journals to let author retain copyright  May be non-profit (e.g. PLoS) or for- profit (e.g. BioMed Central) OA Repositories (“green OA”)  May be institutional (e.g. Harvard) or by discipline (e.g. arXiv)  Do not perform peer review; host articles peer-reviewed elsewhere  May contain preprints, postprints, or both Source: Peter Suber, Open Access Overview 6
  • 7. Who Is an Author? Any person who “creates original expression” o text o photographs o artwork, etc. Joint Authors o Each must contribute original expression to the work to be an “author” in copyright sense o Should agree beforehand about uses of the work—each may be able to exercise rights independently of others Source: OASIS Briefing Paper 7
  • 8. Know Your Rights 8
  • 9. Your Rights as the Author  The author is the copyright holder, unless and until you transfer that right to publisher  The copyright holder controls the work, including:  Distribution  Access  Pricing  Copying/reproduction  Not all or nothing—you can transfer copyright and keep some rights Source: SPARC Author Rights 9
  • 10. Consider Future Uses Possible future uses of your work:  Educational  distribute to students (print or online)  Professional  conference presentations based on the work  collect previously published articles together into a monograph or dissertation  Self-archiving  deposit article in online repository  Create “derivative works”  “non-compete” clause may limit your ability to publish new works in field 10
  • 11. Know Your Duties Self-Archiving: Sometimes Mandatory  Your source of funding may require it  NIH mandate: must make article freely available in PubMed Central  NY State TAPFR  Your institution may require it  Harvard “DASH”  MIT Faculty Open Access Policy 11
  • 12. The Transfer of Rights Traditional Publishers  “Copyright Transfer Agreement” or “Publisher’s Agreement”  Often assign full bundle of rights (or at least key use rights) to publisher vs.  “License to publish” agreement  Author retains any rights not explicitly granted to publisher  Available upon request! 12
  • 13. “Open content” licenses Open Access Publishers  Creative Commons licenses  Provides legal basis for author to consent to open access  Allows for unrestricted:  Reading  Downloading  Copying/sharing  Printing  Storing 13
  • 14. Publishing Agreements Are Negotiable Add Your Addendum  The law allows you to transfer copyright and also hold back some rights  Publisher requires only the permission to publish the article  You may insert language or attach an addendum to retain rights SPARC Author Addendum: -Reuse_Addendum.pdf 14
  • 15. THANK YOU! 15 Sources:  Smith, K. & Hansen, D. (2010). Copyright and author’s rights: A briefing paper. Open Access Scholarly Information Network. Available at  Scholarly Publishing & Academic Resources Coalition. (2006). Author rights: Using the SPARC author addendum to secure your rights as the author of a journal article. Available at 006.pdf  Suber, P. (2012). Open access overview. Available at Image credits:  Slide 2: Uppsala University Library  Slide 3: U. of Victoria Library  Slide 4: Denver Post  Slide 8: 93