Open Access and Author Rights


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An overview of rights that may be retained by the author under both traditional publishing agreements and open content licenses.

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Open Access and Author Rights

  1. 1. OPEN ACCESS AND AUTHOR RIGHTS John Carey, MA, MLS Hunter College Libraries 21st Century Scholarship Series January 23, 2013
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  4. 4. PAYWALL Subscription fees Copyright and licensing restrictions Makes journal articles more valuable to the publisher Makes published research less accessible to colleagues and less valuable to public 4
  5. 5. OPENACCESSPUBLISHING OA literature is: Digital, online Free of charge to the reader Free of (most) permission barriers “Free availability and unrestricted use” (PLoS definition) 5
  6. 6. Open Access: the “Green” and the “Gold” OA Journals (“gold OA”)  Peer-reviewed  More likely than non-OA journals to let author retain copyright  May be non-profit (e.g. PLoS) or for- profit (e.g. BioMed Central) OA Repositories (“green OA”)  May be institutional (e.g. Harvard) or by discipline (e.g. arXiv)  Do not perform peer review; host articles peer-reviewed elsewhere  May contain preprints, postprints, or both Source: Peter Suber, Open Access Overview 6
  7. 7. Who Is an Author? Any person who “creates original expression” o text o photographs o artwork, etc. Joint Authors o Each must contribute original expression to the work to be an “author” in copyright sense o Should agree beforehand about uses of the work—each may be able to exercise rights independently of others Source: OASIS Briefing Paper 7
  8. 8. Know Your Rights 8
  9. 9. Your Rights as the Author  The author is the copyright holder, unless and until you transfer that right to publisher  The copyright holder controls the work, including:  Distribution  Access  Pricing  Copying/reproduction  Not all or nothing—you can transfer copyright and keep some rights Source: SPARC Author Rights 9
  10. 10. Consider Future Uses Possible future uses of your work:  Educational  distribute to students (print or online)  Professional  conference presentations based on the work  collect previously published articles together into a monograph or dissertation  Self-archiving  deposit article in online repository  Create “derivative works”  “non-compete” clause may limit your ability to publish new works in field 10
  11. 11. Know Your Duties Self-Archiving: Sometimes Mandatory  Your source of funding may require it  NIH mandate: must make article freely available in PubMed Central  NY State TAPFR  Your institution may require it  Harvard “DASH”  MIT Faculty Open Access Policy 11
  12. 12. The Transfer of Rights Traditional Publishers  “Copyright Transfer Agreement” or “Publisher’s Agreement”  Often assign full bundle of rights (or at least key use rights) to publisher vs.  “License to publish” agreement  Author retains any rights not explicitly granted to publisher  Available upon request! 12
  13. 13. “Open content” licenses Open Access Publishers  Creative Commons licenses  Provides legal basis for author to consent to open access  Allows for unrestricted:  Reading  Downloading  Copying/sharing  Printing  Storing 13
  14. 14. Publishing Agreements Are Negotiable Add Your Addendum  The law allows you to transfer copyright and also hold back some rights  Publisher requires only the permission to publish the article  You may insert language or attach an addendum to retain rights SPARC Author Addendum: -Reuse_Addendum.pdf 14
  15. 15. THANK YOU! 15 Sources:  Smith, K. & Hansen, D. (2010). Copyright and author’s rights: A briefing paper. Open Access Scholarly Information Network. Available at  Scholarly Publishing & Academic Resources Coalition. (2006). Author rights: Using the SPARC author addendum to secure your rights as the author of a journal article. Available at 006.pdf  Suber, P. (2012). Open access overview. Available at Image credits:  Slide 2: Uppsala University Library  Slide 3: U. of Victoria Library  Slide 4: Denver Post  Slide 8: 93