Transcript of "Copyright management in open access projects"
Copyright management inopen access projectsIryna KuchmaOpen Access Programme managerPresented at “New Trends for Science Dissemination”,ICTP – Trieste, Italy, 28 September 2011www.eifl.net Attribution 3.0 Unported
Practical guidance when submitting journal articlesIn order to maximize the value of the researchyou produce in digital environment, it isimportant for you to take an active role inmanaging the copyrights to your work.Copyright protection is automatic (at themoment the copyrighted work has been “fixed ina tangible medium,” such as when a writtenwork has been saved on a computers hard driveor printed).(From SPARC Introduction to Copyright Resources: http://bit.ly/mRHQHT)
Practical guidance (2)When you publish in a journal you are typicallyasked by the publisher to sign a copyrighttransfer agreement, or contract, thatdescribes the assignment of various rights to thepublisher.Assigning your rights matters.The copyright holder controls the work.Transferring copyright doesn’t have to beall or nothing.(From Author Rights: Using the SPARC Author Addendum to secure your rights as theauthor of a journal article http://bit.ly/cezf0w)
A balanced approachAuthors: Retain the rights you want. Useand develop your own work withoutrestriction. Increase access for educationand research. Receive proper attributionwhen your work is used. If you choose,deposit your work in an open online archivewhere it will be permanently and openlyaccessible.(From http://bit.ly/cezf0w)
A balanced approach (2)Publishers: Obtain a non-exclusive rightto publish and distribute a work andreceive a financial return. Receiveproper attribution and citation asjournal of first publication. Migrate thework to future formats and include it incollections.(From http://bit.ly/cezf0w)
Securing your rights1. The SPARC Authors Addendum preservesrights for broader use of your research:http://scholars.sciencecommons.org2. If your research is funded by the donor with anopen access mandate, the donor usually offerslanguage that modifies a publishers copyrightagreement to give you the rights to followdonors open access policy.(From SPARC Introduction to Copyright Resources: http://bit.ly/mRHQHT)
Repository submission policy1. Items may only be deposited by accredited researchers based at any participating university, college or research organization, or their delegated agents.2. Authors may only submit their own work for archiving.3. Submitted items are not vetted by the administrator.
Repository submission policy (2)4. The validity and authenticity of the content of submissions is not checked.5. Items can be deposited at any time, but will not be made publicly visible until any publishers or funders embargo period has expired.
Repository submission policy (3)6. Any copyright violations are entirely the responsibility of the authors/depositors.7. If the repository receives proof of copyright violation, the relevant item will be removed immediately.
Repository preservation policy1. Items will be retained indefinitely.2. Repository will try to ensure continued readability and accessibility. ● It may not be possible to guarantee the readability of some unusual file formats.3. Repository regularly backs up its files according to current best practice.
Repository preservation policy (2)4. Items may be removed at the request of the author/copyright holder.5. Acceptable reasons for withdrawal: Journal publishers rules Proven copyright violation or plagiarism Legal requirements and proven violations National Security Falsified research
Repository preservation policy (3)6. Withdrawn items are not deleted per se, but are removed from public view.7. Withdrawn items identifiers/URLs are retained indefinitely.8. URLs will continue to point to tombstone citations, to avoid broken links and to retain item histories.9 In the event of repository being closed down, the database will be transferred to another appropriate archive.
Deposit Licenses & End User LicensesA comprehensive deposit and end user’s license agreement should cover a number of core topics, including a depositor’s declaration the repository’s rights and responsibilitiesand the end-user’s terms and conditions
Depositors Declaration1. to ensure that the depositor is thecopyright owner, or has the permission ofauthor/copyright holder (if by proxy) todeposit2. the author and any other rights holdersgrant permission to the host institution todistribute copies of their work via the internet...3. the author has sought and gainedpermission to include any subsidiarymaterial owned by third parties
Repositorys rights & responsibilitiesIt must be made clear to the submittingauthor that through submission of theirwork the copyright ownership isunaffected.One way of doing this is for the depositlicense to begin with the author granting therepository the nonexclusive right to carryout the additional acts...
PlagiarismIf articles are easily available, then plagiarismwill be made easier?On the contrary. Open access might makeplagiarism easier to commit, for people trollingfor text to cut and paste. But for the samereason, open access makes plagiarism morehazardous to commit. Insofar as open accessmakes plagiarism easier, its only for plagiarismfrom open access sources. But plagiarism fromopen access sources is the easiest kind todetect. (From Open access and quality by Peter Suber,SPARC Open Access Newsletter, issue #102:http://bit.ly/qZUQo7)
Plagiarism (2)In fact, plagiarism is diminished as aproblem.It is far easier to detect if the original,date-stamped material is freelyaccessible to all, rather than beinghidden in an obscure journal.(From the Open Access Frequently Asked Questions, DRIVER —Digital Repository Infrastructure Vision for European Researchhttp://www.driver-support.eu/faq/oafaq.html)
Plagiarism (3)It is easier to detect simple plagiarism withelectronic than with printed text by usingsearch engines or other services to findidentical texts. For more subtle forms ofmisuse, the difficulties of detection are nogreater than with traditional journal articles.Indeed, metadata tagging, including newways of tracking the provenance of electronicdata and text, promise to make it easier.From JISC Opening up Access to Research Results: Questions andAnswers:http://www.jisc.ac.uk/uploaded_documents/QandA-Doc-final.pdf
DRIVER GuidelinesIt is preferred to refer to a rights servicewhere the reuse rights are made clear to theend-user by using a URL.For example the Creative Commonsorganisation has created URIs for theirdifferent Licenses in the differentJurisdictions. This can be applied to createmachine-readable usage licenses.Guidelines 2.0 for Repository Managers and Administrators on how to exposedigital scientific resources using OAI-PMH and Dublin Core Metadata, creatinginteroperability by homogenising the repository output: http://bit.ly/mRbQ87
DRIVER Guidelines (2)Using Creative Commons right servicesmakes the usage rights much more clear tothe end user.The URL provides the location where thelicense can be read. With creative commonlicenses the type of license can be recognizedin the URL name itself. A pro for having thelicense point to an URL in this way, is thatthis is machine-readable.
DRIVER Guidelines (3)For science, in order to spread the knowledgeas freely as possible, without losing thenotion of ownership, one could use theCreative Commons license BY-SA in yourjurisdiction area. This means• SA - Share Alike: everyone is allowed to useyour material, even commercial use isallowed
SURFSURF recommends using the most liberalCreative Commons license for articles, whichis CC BY.For data it recommends the more liberalassignment to the public domain, as requiredby the Science Commons Protocol forImplementing Open Access Data.(“Reuse of material in the context ofeducation and research”: http://bit.ly/eDiic)