Introduction to Author's Rights

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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.
  • 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 Librarianmvandegrift@fsu.edu
    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. The long and short of it:Read and save what you sign. The library can help.
    5. 5. Points of interest |copyright or patentRights – Licenses – Transfer - Permissions works for hirescholarly articles v. thesis/dissertation|
    6. 6. |Basic ©opyright| “the work” = =  ≠ ü ≠ Ñ  ♬ 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 right. You (the author) have full ownership in the object from the time it is permanently fixed in a tangible form.
    7. 7. |Bundle of 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. ||Traditionalscholarlypublishing = =limits therights ofthe author, and theutility oftheir work. ≠ ü ≠ Ñ  ♬ 
    11. 11. $ “publisher”The only necessary piece the publisher needs? “License to publish.”
    12. 12. Here, Wiley will fully own the work and graciouslyreturns some rights to the author. Ok, but not thebest case scenario.
    13. 13. The good news? All contracts are negotiable. (Google “SPARC Addendum”). You own what you create. “the work” || Contracts are negotiable. “transfer ÷ agreement” “copyright addenda”
    14. 14. |copyright or patent Rights – Licenses – Transfer - Permissions works for hire scholarly articles v. thesis/dissertation| A brief note:“Works for hire” – scholarly works (Articles, books, creative scholarship) are most oftenexempted from being considered works for hire. Online resources, syllabi, test materials andmore, referred to as “University Sponsored Educational Materials,” are claimed as works forhire, meaning the University owns the copyright. Bottom line: Read your contract and knowwhat the intellectual property guidelines are at your institution.
    15. 15. You own what you create. “the work”Your intellectual property matters. “the work” Consideration of future uses is key.
    16. 16. Publication and dissemination Personal useSharing 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 reuserepository; Reuse in future publications and other projectsRepublishing. e.g. a dissertation; Expanding into book form;Educational/instructional uses Adaptation.Any teaching or tutoring including lecturing orclass room use; PreservationCourse packs; Long term accessibility;Distance teaching and learning; Depositing in a searchable archive.E-learning environment e.g. intranet site orVLE restricted to registered students or sub- Protection of Intellectual Property Rightsgroups 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.Potential future uses that may be impinged upon. “the work” Information from JISC “Listing of Elementary Rights.”
    17. 17. 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
    18. 18. Questions? – mvandegrift@fsu.eduResources:• Negotiating Copyright Transfer Agreements – U Search: of Oregon “SPARC”• JISC Copyright Toolbox “FSU guides open access”• Copyright and Author’s “hacking the Rights – Kevin Smith academy” (OASIS) “cost of knowledge”• Scholarly Communications createchange.org Librarian on campus! Creative Commons

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