My name is Claire I am not a lawyer I am a librarian, I study copyright
Digital Collections departmentFree digitization services & equipment for faculty/grad 2East, University Library, 8:30-5, M-F
Center for Scholarly Communication &Digital Curation Publishing, copyright and digital archiving support
What will you create and produce? What is copyright? How do you know when you can use someone elses work? What copyrights will you control?What are your options for managing and sharing your work? A bit about data and open access... What are your questions, concerns?
Co-authored monograph All rights, and the right to grant these rights to others were signed over to the publisher (copyright assignment). Reversion clause: if out of print 5 years after publication, authors can request to terminate agreement, except that publisher continues to have exclusive electronic rights.
Co-authored article in peer reviewed journal My (our) choice: copyright license or copyright assignment License: I keep my copyright, allow the Association to print, distribute my article Assignment: I give all my rights over to the Association in perpetuity
Single author article in peer reviewed journal My choice: copyright license or copyright assignment License: I keep my copyright but give Association exclusive right to print, distribute & exercise all of my other rights
What is copyright?• What qualifies for protection and when?• What are these "copy" "rights" ?• How long do they last?• Limitations and exceptions
What qualifies and when? • Copyright protects creative expression of an idea, not the idea itself • Factual information does not qualify (historical facts, statistics, telephone numbers, etc.). Originality required. • Must be fixed in some medium; electronic media qualifies: email, PowerPoint, MSWord, etc. • As soon as its fixed, it is copyrighted (by the creator)
What are these “copy” “rights”?Exclusive rights to … In plan EnglishReproduce Make copiesDistribute Sell, give away at conferences, give to your students, make available for downloading on your web siteCreate derivative works Make new work from an existing work, screenplay from novel, new presentation based on an old presentation, translationDisplay the work publicly Hang a painting in a galleryPerform the work publicly Theatrical performance, musical performancePerform a digital audio transmission Stream your music online In case you have insomnia: full text of U.S. copyright law
Web of Science: citation flow by field over timeCopyright law has troublekeeping up with technologyWhen text becomes data:which rights, if any, wereexercised to create thesegraphs? Google Books ngram viewer: mapping phrase occurrence over time
A few basic things to remember• Copyright lasts for life of the author + 70 years (but it was not always thus – see Peter Hirtle‟s chart ... rules have changed over the years). Anonymous works: 120 years from creation.• If you create it, you own the copyright. You do not have to include a notice or register your copyright, but for more formal works, this is not a bad idea. (U.S. Copyright Office help ... here again, rules have changed over the years)• Foreign works receive the same protection in the U.S. as works published here. (as long as there are copyright treaty relations)• You can unbundle your rights, you can transfer your rights. You can share copyright: works of joint authorship• Works for hire: things you produce as part of your regular employment
Northwesterns copyright policy "the members of the Northwestern University Academic Communityshall own in their individual capacity the copyright to all copyrightable works they create at the University resulting from their research, teaching, artistic creativity, or writing."• Required to make best effort to grant NU a license to use the material for "reasonable academic or research purposes of the University"• Stronger claim for instructional materials, University retains right to use• Specific rules about software, patent-related copyrights, things in which the university has invested extraordinary resources• Classifies administrative documents as works for hire http://www.invo.northwestern.edu/policies/copyright-policy
(back to U.S. Copyright Law)Limitations and exceptions • Only the first sale of a copy is under copyright holders control (109) • Exception for classroom teaching (110) • Exceptions for libraries to make copies for users and for preservation (108) • Fair use (107)
Fair use, four factors• Nature of the use for profit or non? educational use? criticism?• Nature of the work highly creative? published or unpublished?• Amount and substantiality of the use the heart of the work? the entire work?• Market effect displacing sales?
What are the rules about incorporatingworks created by others?1. Is it still under copyright? if yes then...2. Does an exception (fair use?) apply? if no, then ... you need to request permissionNightmare scenario: you discover right before publication thatyour publisher wont include that photo in your book without asigned copyright agreement form ... what do you do? Need to request permission? Visit „Obtaining Copyright Permissions‟ a guide from the University of Michigan Library
Using OPS (other people‟s stuff) in your article orbook Will depend on the publisher! Read the instructions to authors • Publishing in JLA is considered a commercial activity • “As an author, you are required to secure permission to reproduce any proprietary material, including text. However it is the custom and practice in academic publishing that short extracts of text (excluding, we emphasize, poetry and song lyrics) may be reproduced without formal permission…” • T&F has a different standard for text excerpts vs. photos, video stills, graphs, etc: “Do I need permission to use very old paintings? Yes, you should get permission from the artist and the owner.” Taylor & Francis Author Services: Seeking Permission
Sometimes silly things happen… Mappa Mundi, ca. 1430
Using OPS (other people‟s stuff) in your dissertation ProQuest provides a list of things for which they like to see permissions: • Very long quotations • Reproduced publications (survey instruments, journal articles, etc.) • Unpublished works • Substantial chunks of o Poetry & lyrics o Dialogue from dramatic workhttp://dissertations.umi.com/northwestern/ o Music o Graphical works • Software developed by someone else
Your rights in your dissertation Standard agreement with ProQuest is a license
Your rights to your work: what do you want to be able to do with it?• Let prospective students and collaborators find and read your articles?• Post your articles to your professional web site?• Put them in a disciplinary repository (SSRN, PubMedCentral)?• Let someone use it in data-mining?• If your publisher decides not to reprint your book, can you reclaim the rights and put it up online for free? (reversion)
Authors agreements: terms you may encounter • Transfer of all rights in perpetuity • Exclusive license of certain of your rights • License of certain rights on a nonexclusive basis • Self-archiving restrictions* o only the pre-peer review copy o you have to wait X months before you can use the publisher PDF o only if mandated by the institution (Harvard OA mandate) or a funder (NIH, for example) • You can participate in our open access program if you pay an additional author fee*self-archiving: posting your work on your web page or depositing it in an institutional or adisciplinary repository
Making sense of it all, alternatives, substitutions, etc.• Creative Commons licenses• Open Access• SHERPA/RoMEO• Author addenda: CIC, SPARC
Creative Commons licensesComplements copyright; pick a CC license that exactly fits your needs: As long asthere is attribution to me (BY), my work can be used for Non Commercial purposes(NC), and derivative works are OK as long as the new work is also shared (ShareAlike or SA) = CC-BY-NC-SA
Why?There are implications to putting researchbehind paywalls “This journal provides immediate open access to its content on the principle that makingresearch freely available to the public supports a greater global exchange of knowledge.”
How do you get to OA?• Publish in an OA journal*• Publish in a non-OA journal, pay to participate in publisher‟s hybrid open program*• Publish in a non-OA journal, but retain/exercise right to post your work openly online – On your web site – In a disciplinary repository – In an institutional repository (NU‟s coming soon)*OA is not always free to authors! Some OA journals and almost all hybridOA programs collect Article Processing Charges (APC), though they maywaive them for authors who don‟t have grants
Author addenda• CIC Author Addendum http://www.northwestern.edu/provost/about/announcements/cic.html o Unanimously adopted by CIC provosts in 2006, endorsed by Northwestern Faculty o Key features: Author has non-exclusive rights to his/her work for academic purposes After 6 months, can make full use of publishers copy Author has right to grant employing institution rights of reproduction, distribution, display, etc.• Other addenda: o Scholarly Publishing & Academic Resources Coalition (SPARC) o Science Commons addendum generator o Directory of addenda, Open Access Directory
Data and data sharing: rules and norms are different Emerging policy area Mandates from NSF, NIH, NEH-ODH:now expect a Data Management Plan (DMP) Promote data preservation and sharing (what is data?)
Data sharing (& safekeeping) options• At Northwestern • Your school, department • Vault (NUIT) • Institutional repository (NUL) under development• Disciplinary repositories • ICPSR (Poli Sci) • SSRN (Social sciences) • OpenContext (Arch) • Open Access Directory (OAD)• Other • Google Dataset Publishing Language • Insert_your_solution (DropBox, Box.net, Amazon, CrashPlan, etc.) • figshare Evans, T. (2012). Collaboration Profiling in UK Higher Education. http://figshare.com/articles/Collaboration_Profiling_in_UK_Higher_Education/95973
You will probablyforget everything Ive just talked about The only thing youneed to remember is...
I am here to help My name is ClaireCome find me when you have questions about copyright, authors rights, open access... youll find me in 2EastDigital Collections & the Center for Scholarly Communication and Digital Curation cscdc.northwestern.edu firstname.lastname@example.org gchat&AIM: claireystew
Photo creditsSlide: Center for Scholarly Communication & Digital Curationknow your rights (http://www.flickr.com/photos/keoshi/1336264417/) / Filipe Varela(http://www.flickr.com/photos/keoshi/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)Slide: Why do we agree…?Frustration (http://www.flickr.com/photos/14511253@N04/4411497087/) / Andrew Mccluskey(http://www.flickr.com/photos/14511253@N04/) / CC BY 2.0 (http://creativecommons.org/licenses/by/2.0/)Slide: What is copyright?Large copyright sign made of jigsaw puzzle pieces(http://www.flickr.com/photos/horiavarlan/4839454263/lightbox/) / Horia Varlan(http://www.flickr.com/photos/horiavarlan/) / http://creativecommons.org/licenses/by/2.0/(http://creativecommons.org/licenses/by/2.0/)Slide: What qualifies and when?Writing (http://www.flickr.com/photos/anotherphotograph/2276607037/) / Tony Hall(http://www.flickr.com/photos/anotherphotograph/) / CC BY-NC-SA 2.0(http://creativecommons.org/licenses/by-nc-sa/2.0/)Slides: Copyright law has trouble keeping up with technology & What about data?Rosvall, M., & Bergstrom, C.T. (2010). Mapping Change in Large Networks. PLoS ONE, 5(1), e8694. doi:10.1371/journal.pone.0008694andScreen shot from Google ngram viewer: http://books.google.com/ngramsSlide: Limitations and exceptionsLimit velomobile (http://www.flickr.com/photos/velomobiling/308274953/) / Mary
Photo credits (continued)Slide: Fair usefair use classroom poster draft(http://www.flickr.com/photos/sixteenmilesofstring/2596569134/in/photostream/) / Timothy Vollmer(http://www.flickr.com/photos/sixteenmilesofstring/) / CC BY 2.0(http://creativecommons.org/licenses/by/2.0/)Slide: Sometimes silly things happen…Mappa Mundi – Borgia – c.1430 (http://michaeljallen.org/Mappa%20Mundi.html)Slide: Creative Commonscreative commons -Franz Patzig- (http://www.flickr.com/photos/21572939@N03/2090542246/) / A. DiezHerrero (http://www.flickr.com/photos/21572939@N03/) / CC BY-NC-SA 2.0(http://creativecommons.org/licenses/by-nc-sa/2.0/)Slide: Data sharing (& safekeeping) optionsEvans, T. (2012). Collaboration Profiling in UK Higher Education.http://figshare.com/articles/Collaboration_Profiling_in_UK_Higher_Education/95973