Introduction to Author's Rights


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Introductory presentation on author's rights and copyright. Geared toward a graduate student audience.

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  • Caveat: I’m not a lawyer, and this is not legal advice. Seek counsel if you have questions.
  • Copyright provides the default rules regarding the ownership and use of creative works. These can be changed or altered by private agreements – contracts – between parties. Copyright is actually a bundle of rights. Not one. You (the author) have sole ownership in the object from the time it is permanently fixed in a tangible form.
  • The good news. Retaining rights allows for greater use and reuse of your work. Copyright Addenda are available.
  • “Works for hire” – scholarly works are most often exempted from being considered works for hire. Articles, books typically exempt. Online resources, syllabi, test materials, “University Sponsored Educational Materials” are claimed as works for hire. This is where patents get a little iffy also. Read your contract and know what the intellectual property guidelines are at your institution.
  • This is a good thing, and one that occurs at any university you may achieve a graduate degree at. As this work is often funded by public money, in the service of the public good of knowledge, it should be made available to the public (including especially peers and colleagues).
  • Option 1. Finders can copy, distribute, display/perform under the following conditions: credit to original author, not for commercial purposes, may not alter, transform or build on this work, user must make clear the lucense terms of this work, must ask permission to waive any of these conditions, authors fair use is protected. Option 2. Embargoed Access – held in limbo for 24 months, recommended if you want to pursue commercial interests for your work.
  • The good news.
  • The benefits of a working knowledge of your rights as an author.
  • Introduction to Author's Rights

    1. 1. Introduction to Author’s RightsMicah VandegriftScholarly Communications
    2. 2. You own what you create.
    3. 3. idea research reformulation •data preservation manuscript d i s s e rights m i n a t assignment i o n publication peer review editingYour intellectual property matters.
    4. 4. tl;drRead and save what you sign. The library can help.
    5. 5. |copyright or patentRights – Licenses – Transfer - Permissions works for hirescholarly articles v. thesis/dissertation|
    6. 6. |©| “the work” = =  ≠ ü ≠ Ñ  ♬ 
    7. 7. |Copyright(s)| “the work”to reproduce the work in copies (e.g.,as photocopies or online), =to distribute copies of the work; to prepare translations and otherderivative works; ≠ üto perform or display the work publicly;  ♬to authorize others to exercise any ofthese rights. 
    8. 8. You own what you create. “the work”
    9. 9. TraditionalScholarly |©| > > || > $Publishing “the work” “journal” “transfer “publisher” agreement” The Exclusive rights of the author are transferred to the publisher. In return they license some rights back. Permissions must be sought to use the work the author created and gifted to the publisher.
    10. 10. |©| = =  ≠ ü ≠ Ñ  ♬ 
    11. 11. $ “publisher”The only necessary piece the publisher needs? License to publish.
    12. 12. You own what you create. “the work” ||Contracts are negotiable.“transfer ÷agreement” “copyright addenda”
    13. 13. |copyright or patentRights – Licenses – Transfer - Permissions works for hirescholarly articles v. thesis/dissertation|
    14. 14. You own what you create. “thesis/dissertation”“As a condition of undertaking a dissertation program, the student agrees that thecompleted dissertation will be archived in the University Libraries system. The studentwill make the electronic dissertation available for review by other scholars and thegeneral public by selecting an access condition provided by the Graduate School.”– 2011-2012 Graduate Bulletin
    15. 15. Traditional Thesis/Dissertation Publishing ★ ★ |©| > > $ > |©| “thesis/dissertation” “the grad school” “Proquest” ” “library” The author grants a NON-exclusive license to “archive and distribute” to the University. The author has the choice of access options for their work, and retains all copyrights.
    16. 16. Thesis/Dissertation Access Options: I. |©| > |©| ♬ “thesis/dissertation” “thesis/dissertation”II. |©|  > patent $ “thesis/dissertation” Broad, open access is encouraged.
    17. 17. $ = $90 “Proquest” ★ |©| = $0.00 “library”“Simply put, you are not contributing your field or togeneral knowledge if others cannot examine yourscholarly work.” – Proquest Embargo Guide
    18. 18. You own what you create. “the work” Access options are provided.Broad, open access is encouraged.
    19. 19. You own what you create. “the work”Your intellectual property matters. “the work” Consideration of future uses is key.
    20. 20. Publication and dissemination Personal use Sharing with peers Promotional literature; Self publishing (posting on own web site or Presentation at a conference. departmental web site); Posting to an institutional or national digital Future reuse repository; Reuse in future publications and other projects Republishing. e.g. a dissertation; Expanding into book form; Educational/instructional uses Adaptation. Any teaching or tutoring including lecturing or class room use; Preservation Course packs; Long term accessibility; Distance teaching and learning; Depositing in a searchable archive. E-learning environment e.g. intranet site or VLE restricted to registered students or sub- Protection of Intellectual Property Rights groups thereof. Right to be named as the author on the work; Maintain the integrity of the work; Research Uses Protection against plagiarism; Use in authors’ research; Protection against unlawful copying; Sharing with peers in non-commercial research Protection against infringement. network. Your intellectual property matters.Information from JISC “Listing of Elementary Rights.” “the work”
    21. 21. the benefits for the author for the community• Greater visibility/usability for • Library as partner scholarly work • Public access to new knowledge• Potential for greater • Increased profile (prestige) of the (measureable) impact institution• Quicker dissemination and • Potential cross/trans/inter- evaluation disciplinary collaboration• Managed organization of your • Participation in evolving methods publication record of scholarship• Participation in evolving methods of scholarship
    22. 22. Questions? – mvandegrift@fsu.eduResources:• Negotiating Copyright Transfer Agreements – U Search: of Oregon “SPARC”• JISC Copyright Toolbox “FSU guides open access”• New Media, New Rights “hacking the and Your Dissertation – academy” Kenneth Crews “cost of knowledge”• Copyright and Author’s Rights – Kevin Smith Creative Commons (OASIS)