You Know What You Write,
But Do You Know Your Rights?
Understanding and Protecting
Your Rights As an Author
Jill Cirasella...
What Do Scholars Produce?
Lots of things!
Today’s focus:
 scholarly journal articles
 popular magazine & newspaper artic...
Yes, many subscription-based scholarly
journals require authors to sign away
their rights to their own articles.
JAMA’s co...
No, authors don’t always fully read and
understand what they’re required to sign.
Wiley’s copyright transfer agreement:
So...
“All Copyright Ownership”
Copyright Owners Have Five Exclusive Rights
1. Right to reproduce the work
2. Right to prepare d...
Do authors WANT to give up
all of their rights to their work?
Do authors HAVE to give up
all of their rights to their work?
Two Kinds of Journals: #1
Toll Access Journals
Traditional subscription-based journals.
Many also sell individual articles...
Two Kinds of Journals: #2
Open Access Journals (“Gold OA”)
Journals that automatically and immediately make
their articles...
Another Journal Flavor
Journals that Let Authors Share
(“Green OA”)
Journals (toll access or open access) that allow autho...
Is Self-Archiving Allowed? Ugh…
Source: http://bit.ly/wiley_copyright
Is Self-Archiving Allowed? Easier!
SHERPA/RoMEO
http://www.sherpa.ac.uk/romeo/
Search by journal/publisher to learn
its co...
Very Good...
Quite Good...
Not Great...
Very Bad...
Prevalence of Permission?
As of October 2016, SHERPA/RoMEO covers 2287 publishers.
80% allow some form of self-archiving.
...
Suppose you have the right to
self-archive your article.
Where can you self-archive?
Where should you self-archive?
Where to Self-Archive?
Institutional Repositories
An institutional repository (IR) is an online database
offered by an ins...
Where to Self-Archive?
Where Else to Self-Archive?
Subject Repositories
Directory of Open Access Repositories
http://www.opendoar.org/
Note: Not ...
Where Else to Self-Archive?
Subject Repositories
vs.
Where Else to Self-Archive?
Commercial Sites
ResearchGate.net and Academia.edu encourage users
to upload their works, but ...
Beyond SHERPA/RoMEO
Publisher’s Contract
Read before agreeing!
SHERPA/RoMEO
Great for researching journals
Reading the Contract
1. Does it ask for a copyright transfer or a license?
2. If © transfer: does it give any rights back ...
Reading the Contract
1. Does it ask for a copyright transfer or a license?
2. If © transfer: does it give any rights back ...
Copyright Transfer: JAMA
Source: http://bit.ly/jamaagreement
Copyright Transfer: JAMA
Source: http://bit.ly/jamapublicaccess
Copyright Transfer: Wiley
Source: http://bit.ly/wiley_copyright
Copyright Transfer: Wiley
Full Copyright Transfer, with Permitted Uses by Contributor:
• Submitted Version: Right to self-...
“Voluntary” vs. Mandated Self-Archiving
A growing number of institutions have policies
to ensure that their researchers’ a...
“Voluntary” vs. Mandated Self-Archiving
Example: Emerald
“Emerald supports an author’s right to voluntarily self-archive t...
License Agreement: BioMed Central
Source: https://www.biomedcentral.com/about/policies/license-agreement
License Agreement: BioMed Central
“I, and all co-authors, agree that the article, if
editorially accepted for publication,...
Publishing Agreement: Coll. & Res. Libs.
Source: http://bit.ly/CRLagreement
Publishing Agreement: Coll. & Res. Libs.
• Author grants publisher a non-exclusive right to print, publish,
reproduce, or ...
Can I Negotiate My Contract?
Sometimes.
And there are tools to help!
SPARC Author Addendum
http://bit.ly/sparcaddendum
Sch...
Can I Ask After the Fact?
Yes! It sometimes works!
Dear Publisher,
I am writing to ask permission to mount a copy of an ar...
Creative Commons Licenses
Most OA publishers use Creative Commons (CC) licenses,
which grant the public permission to use ...
Making Sense of CC Licenses
More info: https://creativecommons.org/
OASPA Favors CC-BY
Source: http://oaspa.org/why-cc-by/
Using CC Licenses
Most publishers limit your copyright/licensing options.
But you create more than just books and journal ...
Encore: Gold OA Mythbusting
Reminder:
“Gold OA” means publishing with publishers
that automatically and immediately make
t...
Respectability of Gold OA Journals?
OA = anyone can read the journal
OA ≠ anyone can publish in the journal
OA journals ar...
Business Models
If OA journals are free to read, how do they cover costs?
There are many business models for OA journals, ...
Publication Charges?!
Some OA journals have article processing charges (APCs).
(Some subscription-based journals charge fe...
APCs ≠ Vanity Publishing
Some people worry:
Are APCs tantamount to vanity publishing?
NO!
At reputable and honest journals...
What about Disreputable Journals?
“Predatory” Open Access Publishers
unscrupulous, unserious, spamming
Heard about lists? ...
Finding Good Gold OA Journals
Directory of Open Access Journals
http://www.doaj.org
Browse or search 9,000+ open access jo...
Speaking of Predation…
Remember this?
Speaking of Predation…
Remember this?
Speaking of Predation…
Consider this.
(1986–2011)
Source: http://bit.ly/serial-expenditures
Speaking of Predation…
And this!
(2014 data)
Source: http://wp.me/ph4jF-km
And Then Ask Yourself…
Source: https://www.flickr.com/photos/liquidsunshine49/4747655198/
Gold OA: The Takeaway
Don’t let so-called “predatory” publishers scare you off!
Open access is a viable and sustainable pu...
Advice to Authors
1. Research any journal/publisher you’re considering.
(Quality? Peer reviewing process? Copyright policy...
Credits
This slideshow is licensed under a
Creative Commons Attribution 4.0 International License.
Specific graphics may h...
Thank you!
Now, let’s chat!
Jill Cirasella
The Graduate Center, CUNY
jcirasella@gc.cuny.edu
@jillasella
http://bit.ly/writ...
You Know What You Write, But Do You Know Your Rights? Understanding and Protecting  Your Rights As an Author
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You Know What You Write, But Do You Know Your Rights? Understanding and Protecting Your Rights As an Author

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When you publish a journal article, you sign a copyright agreement. Do you know what you’re agreeing to when you sign it? Different journals have different policies:

Some journals require you to relinquish your copyright. (You then have to ask permission or even pay to share your article with students and colleagues!)

Some journals allow you to retain some rights (e.g., the right to post online).

Some journals leave copyright in your hands. (You simply give the journal a non-exclusive license to publish the article.)

How can you find out a journal’s policy? How can you negotiate your contract to make the most of your rights as a scholar, researcher, and author? Come learn how to preserve your rights to reproduce, distribute, and display the work you create.

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You Know What You Write, But Do You Know Your Rights? Understanding and Protecting Your Rights As an Author

  1. 1. You Know What You Write, But Do You Know Your Rights? Understanding and Protecting Your Rights As an Author Jill Cirasella The Graduate Center, CUNY jcirasella@gc.cuny.edu @jillasella http://bit.ly/write-rights
  2. 2. What Do Scholars Produce? Lots of things! Today’s focus:  scholarly journal articles  popular magazine & newspaper articles  books / book chapters  research data  educational materials  digital projects
  3. 3. Yes, many subscription-based scholarly journals require authors to sign away their rights to their own articles. JAMA’s copyright transfer agreement: Source: http://bit.ly/jamaagreement
  4. 4. No, authors don’t always fully read and understand what they’re required to sign. Wiley’s copyright transfer agreement: Source:http://bit.ly/wiley_copyright
  5. 5. “All Copyright Ownership” Copyright Owners Have Five Exclusive Rights 1. Right to reproduce the work 2. Right to prepare derivative works based on the work 3. Right to distribute copies of the work 4. Right to perform the work 5. Right to display the work
  6. 6. Do authors WANT to give up all of their rights to their work?
  7. 7. Do authors HAVE to give up all of their rights to their work?
  8. 8. Two Kinds of Journals: #1 Toll Access Journals Traditional subscription-based journals. Many also sell individual articles. Most toll access journals require authors to transfer copyright to the journal.
  9. 9. Two Kinds of Journals: #2 Open Access Journals (“Gold OA”) Journals that automatically and immediately make their articles available online to all at no cost. Most gold OA journals do not take copyright. They usually use Creative Commons licenses instead.
  10. 10. Another Journal Flavor Journals that Let Authors Share (“Green OA”) Journals (toll access or open access) that allow authors to post (“self-archive”) their articles in OA repositories. Most “green” toll access journals do take copyright, but they “give back” some rights to the author.
  11. 11. Is Self-Archiving Allowed? Ugh… Source: http://bit.ly/wiley_copyright
  12. 12. Is Self-Archiving Allowed? Easier! SHERPA/RoMEO http://www.sherpa.ac.uk/romeo/ Search by journal/publisher to learn its copyright and self-archiving policies
  13. 13. Very Good...
  14. 14. Quite Good...
  15. 15. Not Great...
  16. 16. Very Bad...
  17. 17. Prevalence of Permission? As of October 2016, SHERPA/RoMEO covers 2287 publishers. 80% allow some form of self-archiving. Source: http://www.sherpa.ac.uk/romeo/statistics.php
  18. 18. Suppose you have the right to self-archive your article. Where can you self-archive? Where should you self-archive?
  19. 19. Where to Self-Archive? Institutional Repositories An institutional repository (IR) is an online database offered by an institution to collect, preserve, and share scholarly and creative works created by that institution’s community.
  20. 20. Where to Self-Archive?
  21. 21. Where Else to Self-Archive? Subject Repositories Directory of Open Access Repositories http://www.opendoar.org/ Note: Not every field has a subject repository.
  22. 22. Where Else to Self-Archive? Subject Repositories vs.
  23. 23. Where Else to Self-Archive? Commercial Sites ResearchGate.net and Academia.edu encourage users to upload their works, but many publishers forbid uploading to for-profit sites, and sometimes issue takedown notices. (How do they profit? Selling users’ data!) Personal Websites A good step in the direction of green OA, but not permanent, not findable via Google Scholar and library search tools, and therefore not the best option! Read more! http://www.plannedobsolescence.net/academia-not-edu/
  24. 24. Beyond SHERPA/RoMEO Publisher’s Contract Read before agreeing! SHERPA/RoMEO Great for researching journals
  25. 25. Reading the Contract 1. Does it ask for a copyright transfer or a license? 2. If © transfer: does it give any rights back to you? 3. If license: exclusive or non-exclusive? 4. If license: all five rights of copyright, or just some? 5. Does it call your work a “work for hire”? (See Credits slide.)
  26. 26. Reading the Contract 1. Does it ask for a copyright transfer or a license? 2. If © transfer: does it give any rights back to you? 3. If license: exclusive or non-exclusive? 4. If license: all five rights of copyright, or just some? 5. Does it call your work a “work for hire”? (See Credits slide.)
  27. 27. Copyright Transfer: JAMA Source: http://bit.ly/jamaagreement
  28. 28. Copyright Transfer: JAMA Source: http://bit.ly/jamapublicaccess
  29. 29. Copyright Transfer: Wiley Source: http://bit.ly/wiley_copyright
  30. 30. Copyright Transfer: Wiley Full Copyright Transfer, with Permitted Uses by Contributor: • Submitted Version: Right to self-archive immediately. • Accepted Version: Right to self-archive after an embargo. • Final Published Version: Right to make copies for colleagues, reuse in other publications, use in teaching, give oral presentations based on final publication. Source: http://bit.ly/wiley_copyright
  31. 31. “Voluntary” vs. Mandated Self-Archiving A growing number of institutions have policies to ensure that their researchers’ articles become archived in an OA repository. Some publishers try to make different rules for “voluntary” and policy-mandated self-archiving: “You retain the right to post if you wish but not if you must.” — Stevan Harnad, paraphrasing these kinds of policies
  32. 32. “Voluntary” vs. Mandated Self-Archiving Example: Emerald “Emerald supports an author’s right to voluntarily self-archive their works without payment or embargo.” “If you are mandated to make your work Open Access but have no funds for an APC you may deposit the author accepted manuscript of your article into a subject or institutional repository and your funder’s research catalogue, subject to embargo periods.”
  33. 33. License Agreement: BioMed Central Source: https://www.biomedcentral.com/about/policies/license-agreement
  34. 34. License Agreement: BioMed Central “I, and all co-authors, agree that the article, if editorially accepted for publication, shall be licensed under the Creative Commons Attribution License 4.0. In line with BioMed Central’s Open Data Policy, data included in the article shall be made available under the Creative Commons 1.0 Public Domain Dedication waiver, unless otherwise stated.” Source: https://www.biomedcentral.com/about/policies/license-agreement
  35. 35. Publishing Agreement: Coll. & Res. Libs. Source: http://bit.ly/CRLagreement
  36. 36. Publishing Agreement: Coll. & Res. Libs. • Author grants publisher a non-exclusive right to print, publish, reproduce, or distribute the work. . . • Copyright remains in the author’s name. • Author agrees not to publish the work in print form prior to C&RL publication. Author agrees to cite the C&RL version when publishing elsewhere. • Unless another option is selected, the work is published with a Creative Commons Attribution-NonCommercial 4.0 License. (Authors can choose a different license, or choose not to use a license at all, granting others only what is allowed by fair use.) Source: http://bit.ly/CRLagreement
  37. 37. Can I Negotiate My Contract? Sometimes. And there are tools to help! SPARC Author Addendum http://bit.ly/sparcaddendum Scholar’s Copyright Addendum Engine: http://scholars.sciencecommons.org/ CIC Addendum: http://bit.ly/cicaddendum
  38. 38. Can I Ask After the Fact? Yes! It sometimes works! Dear Publisher, I am writing to ask permission to mount a copy of an article of mine, which was published in one of your journals, in the City University of New York’s research repository, CUNY Academic Works… If possible, I would like post the final, journal-branded PDF version. The PDF version is preferable to my manuscript version because it maintains consistency in appearance of the article wherever it is read and more closely associates the article with the journal…
  39. 39. Creative Commons Licenses Most OA publishers use Creative Commons (CC) licenses, which grant the public permission to use the work in more ways than traditional copyright allows. CC licenses also grant you more rights than you’d have after signing a traditional copyright transfer agreement! More info: https://creativecommons.org/
  40. 40. Making Sense of CC Licenses More info: https://creativecommons.org/
  41. 41. OASPA Favors CC-BY Source: http://oaspa.org/why-cc-by/
  42. 42. Using CC Licenses Most publishers limit your copyright/licensing options. But you create more than just books and journal articles! And you can choose how to license many of your works: posters slideshows conference papers open educational resources reports / working papers blog posts etc.
  43. 43. Encore: Gold OA Mythbusting Reminder: “Gold OA” means publishing with publishers that automatically and immediately make the work available online to all at no cost — i.e., journals that are “born” open access
  44. 44. Respectability of Gold OA Journals? OA = anyone can read the journal OA ≠ anyone can publish in the journal OA journals are real journals. Publishing in an OA journal is not self-publishing or vanity publishing! OA journals earn respectability the same way other journals do: through the quality of their articles and the prominence of the people they attract as authors, editors, and peer reviewers. A journal’s quality is independent of its openness. Some non-OA journals are better and more rigorously peer reviewed than others. Likewise, some OA journals are better and more rigorously peer reviewed than others.
  45. 45. Business Models If OA journals are free to read, how do they cover costs? There are many business models for OA journals, including: • Volunteers & institutional subsidies • Advertising • Fees for print or premium editions • Endowments & donations • Article publication charges (APCs) • Institutional memberships • A combination of the above Source: http://oad.simmons.edu/oadwiki/OA_journal_business_models
  46. 46. Publication Charges?! Some OA journals have article processing charges (APCs). (Some subscription-based journals charge fees too!) But most OA journals do not charge APCs. Ideally, APCs are not paid from researchers’ pockets: Some institutions pay APCs for their employees. Grants can be used to pay APCs. Some journals waive APCs.
  47. 47. APCs ≠ Vanity Publishing Some people worry: Are APCs tantamount to vanity publishing? NO! At reputable and honest journals, APCs have no bearing whatsoever on whether an article is accepted.
  48. 48. What about Disreputable Journals? “Predatory” Open Access Publishers unscrupulous, unserious, spamming Heard about lists? Forget the lists. Think critically about journals! Think. Check. Submit. http://thinkchecksubmit.org/ Remember: Low-quality journals are not unique to OA publishing!
  49. 49. Finding Good Gold OA Journals Directory of Open Access Journals http://www.doaj.org Browse or search 9,000+ open access journals that have been vetted for quality. Most do not charge APCs.
  50. 50. Speaking of Predation… Remember this?
  51. 51. Speaking of Predation… Remember this?
  52. 52. Speaking of Predation… Consider this. (1986–2011) Source: http://bit.ly/serial-expenditures
  53. 53. Speaking of Predation… And this! (2014 data) Source: http://wp.me/ph4jF-km
  54. 54. And Then Ask Yourself… Source: https://www.flickr.com/photos/liquidsunshine49/4747655198/
  55. 55. Gold OA: The Takeaway Don’t let so-called “predatory” publishers scare you off! Open access is a viable and sustainable publishing model. Some OA journals are better than others, but the model is sound. Traditional scholarly journal publishing: restrictive, expensive, outmoded, and sometimes exploitative Gold OA can and should be: author-friendly, reader-friendly, research-friendly
  56. 56. Advice to Authors 1. Research any journal/publisher you’re considering. (Quality? Peer reviewing process? Copyright policy?) 2. If you have the right to self-archive, exercise that right. 3. If you don’t have the right to self-archive, request it. 4. Choose the best publishing venue for you and your career . . . 5. . . . but also think about the system you’re contributing to and the system you want to contribute to. Know your rights to what you write!
  57. 57. Credits This slideshow is licensed under a Creative Commons Attribution 4.0 International License. Specific graphics may have different licenses. “What Is the Problem?” graphic, content by Jill Cirasella / graphic design by Les LaRue, licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License Slides 26 & 27 adapted from Slide 28 in: Wacha, Megan. "Publish, Don't Perish: Authors' Rights When Author's Write." Accessed at http://bit.ly/2dNAsG2, and made available under a CC BY-NC license. Shark photo by liquidsunshine49, and made available under a CC BY-NC license. https://www.flickr.com/photos/liquidsunshine49/4747655198/
  58. 58. Thank you! Now, let’s chat! Jill Cirasella The Graduate Center, CUNY jcirasella@gc.cuny.edu @jillasella http://bit.ly/write-rights

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