Open Access and Your Publications: What's Copyright Got to Do with It?
Open Access and YourPublications:What’s Copyright Got to Do With It? Presented by: ALA Editions Workshop October 24, 2012 Kenneth D. Crews Director, Copyright Advisory Office Columbia University Libraries www.copyright.columbia.edu
Welcome to Open Access Week! http://www.openaccessweek.org/
What is Open Access? Peter Suber’s definition begins: “Open-access (OA) literature is digital, online, free of charge, and free of most copyright and licensing restrictions.” Focus Today: Unrestricted Access ◦ Restrictions from Law ◦ Restrictions from Agreement http://www.earlham.edu/~peters/fos/overview.ht m
Why are We Here? The subject is Scholarship The construct is Copyright Premise: Scholarly Works are Protected by Copyright ◦ Few Exceptions ◦ No Requirements of Registration or Notice Scholarly Works Use Copyrights ◦ E.g., Embedded Works in Articles and Books
From the Library Perspective Copyright Establishes Control ◦ Legal Rights of Control ◦ Owner of those Rights ◦ Duration of the Rights (a loooong time!) Control is Manifested in Licenses ◦ Acquisition of Databases ◦ Purchase of Audiovisual Works ◦ “Ownership” of E-Books
From the Library Perspective Copyright Directly Affects: ◦ Collection Development ◦ Library Services for Research & Teaching ◦ Library Services for Visually Impaired Print Impaired Aurally Impaired ◦ Preservation Initiatives ◦ Digital Library Development
From the Author Perspective Copyright Establishes Control Copyright Gives You Choices ◦ Where and When to Publish ◦ Terms of any Publication Agreement ◦ Support for Library Services ◦ Support for User Access
From the Author Perspective Copyright Directly Affects: ◦ Ability of Readers to Find Your Work ◦ Citation Rate and Impact Factor ◦ Posting to Your Own Website ◦ Contribution to Your Digital Repository E.g., Academic Commons at Columbia University ◦ Use in Teaching ◦ Building Your Research Agenda
Instruments of Control Assertion and Stewardship of Copyright ◦ Creative Commons Assignments and Transfers Publication Agreements Acquisition Licenses
Control at Each Node Funding Source Employer Publication Author Requirements Open Access Publisher Mandate Database Terms of Library Employment Terms of Transfer or License Terms of Acquisition
Questions?Coming up Soon… More about Copyright Ownership Examples of Publication Agreements
Copyright and Control The Law Grants Rights ◦ Reproduction of the Work ◦ Distribution of Copies ◦ Making of Derivative Works ◦ Public Displays and Performances
Copyright and Control Transfers of Control: ◦ Nonexclusive Licenses Do Not have to be in Writing But writing is a Good Idea ◦ Exclusive Licenses & Transfers Must be in Writing Must be signed by Transferor
The Author General Rule: ◦ Author is the Initial Holder of the Copyright Exceptions: ◦ Prior Arrangement with Funding Sources ◦ Transferred Copyrights ◦ Works Made for Hire
The Employer U.S. Government? ◦ Public Domain Private Employer ◦ Likely “For Hire” ◦ Unless otherwise Agreed (Written & Signed!) ◦ (Whether corporation or person) What about University or College…?
Academic Employer General Rule: Same Rules! However, University Policies: ◦ Often place Copyright or Control with Authors ◦ Unless “Substantial Resources” ◦ Unless a “University Work” Practical Effect: ◦ Faculty Authors Make the Decisions
The Author’s Decisions Choose the Journal Accept the Offer of Publication Read and Study the Agreement Raise Questions Ask for Changes – Negotiate! Accept or Reject Final Offer Keep Copies of all Agreements and Emails
Publication Agreements Author Concerns ◦ Publication ◦ Dissemination Publisher ◦ Educational or Concerns instructional uses ◦ Research uses ◦ Publication and ◦ Personal use dissemination ◦ Future reuse ◦ Reuse ◦ Preservation ◦ Preservation ◦ Protection of rights ◦ Protection of rights ◦ Financial ◦ Special uses
Publication Agreements Copyright Assignment Copyright License Author’s Reserved Rights Version of the Work for Author’s Use Public Access Posting Representations and Warranties Reversion of Rights
SPARC Author AddendumRetains Rights for Author: To use the article in connection with the Author’s teaching, conferences, scholarship, an d more Post and disseminate the article from a website Pre-contract right to deposit with institution’s or funder’s repository
Publication AgreementsWatch out for Transfers: The Author “hereby assigns [to Publisher] all rights under copyright that may exist in and to” the work.Be sure to Ask for: Retention of rights for teaching, research, and more.
Publication AgreementsAnother Transfer: “Author hereby grants and assigns to [Publisher] the sole, transferable right to reproduce, publish, distribute, transmit , make available or otherwise communicate to the public, publicly perform, archive, store, lease or lend and sell the Contribution….”
Publication AgreementsIs a License Really Better? “Authors grant to [Publisher] the exclusive license . . . to publish, reproduce, distribute, display and store the Contribution in all forms, formats and media whether now known or hereafter developed . . .”
Publication AgreementsNonexclusive Licenses are Better: “I hereby grant [to Publisher] a non- exclusive license to publish the above referenced manuscript . . . and any accompanying tables, illustrations, data and any other supplemental information intended for publication in all forms and all media . . . throughout the world . . .”
Publication AgreementsMost Hazardous: Work Made for Hire “The Author acknowledges that the Work was specially commissioned by the Publisher and intended as an instructional text and agrees that the Work shall be considered a work- made-for-hire, with the Publisher deemed the sole owner thereof for copyright purposes.”
Publication Agreements Perhaps Most Important: ◦ Explicit Rights of Use ◦ Posting to Website and Repository ◦ Sharing with Colleagues ◦ Use in Teaching ◦ Creation of New Works and Publications ◦ Advancing Knowledge and Scholarship
Why Care? Integral to Scholarship Copyright Decisions affect Quality Copyright Decisions affect Access Copyright Decisions affect Impact Copyright and Your Future Work ◦ Expansion of Your Research Agenda ◦ Reuse of Works in Your Academic Career
Keep All Options Open Select Your Publisher with Care ◦ Director of Open Access Journal ◦ www.doaj.org Review and Negotiate Consider Creative Commons ◦ www.creativecommons.org Add an Addendum Keep a Copy of All Agreements!
Action by the Community Educate and Inform Colleagues Develop Information Resources Help Colleagues Understand Choices Share Ideas and Strategies Adopt Open Access Policies Support Open Access Publishing Implement Creative Commons
Thank You!Kenneth D. CrewsCopyright Advisory OfficeColumbia University Librarieswww.copyright.columbia.eduwww.twitter.com/kcrewsNext Workshop:Tuesday, December 4“Libraries, Copyright, and theWorld”