Copyright&your research                ERF2011
My name is Claire   I am not a lawyer   I am a librarian, I study copyright
Digital Collections departmentFree digitization services & equipment for faculty/grad                                  2Ea...
Center for Scholarly Communication &Digital CurationPublishing, copyright and digital archiving support                   ...
What will you create and produce?          What is copyright? How do you know when you can use      someone elses work?   ...
A tale of three author agreements
Co-authored monograph                  All rights in perpetuity, all                  subsidiary rights, right to         ...
Chapter in an edited work                  I agree this is a work                  made for hire                  In the e...
Co-authored article in peer reviewed journal                          My choice: copyright                          licens...
Why do we agree to these terms?
What is copyright?•   What qualifies for protection and when?•   What are these "copy" "rights" ?•   How long do they last...
What qualifies and when?                • Copyright protects creative                  expression of an idea, not the     ...
What are these “copy” “rights”?Exclusive rights to …       In plan EnglishReproduce                   Make copiesDistribut...
Web of ScienceWhich rights wereexercised to createthese graphs?              Google Books
A few basic things to remember• Copyright lasts for life of the author + 70 years  (but it was not always thus ... rules h...
Northwesterns copyright policy"the members of the Northwestern University AcademicCommunity shall own in their individual ...
(back to U.S. Copyright Law)Limitations and exceptions • Only the first sale of a copy   is under copyright holders   cont...
Fair use, four factors• Nature of the use  for profit or non? educational use? criticism?• Nature of the work  highly crea...
What are the rules about incorporatingworks created by others?1. Is it still under copyright?   if yes then...2. Does an e...
Your dissertation                                             ProQuest provides a list of                                 ...
Your dissertation  Standard agreement with ProQuest is a license
Open Access:Open-access (OA) literature is digital, online, free of charge, and freeof most copyright and licensing restri...
Contracts: terms you may encounter • Transfer of all rights in perpetuity • License of certain rights on a nonexclusive ba...
Making sense of it all, alternatives, substitutions,etc.• Creative Commons licenses• SHERPA/RoMEO• Author addenda: CIC, SP...
Creative Commonscreative commons -Franz Patzig-(http://www.flickr.com/photos/21572939@N03/2090542246/) / A. Diez Herrero(h...
American Historical Review
Author addenda• CIC Author Addendum  http://www.northwestern.edu/provost/about/announcements/cic.html   o Unanimously adop...
What about data?
Data sharing: rules and norms are different           Emerging policy areaMandates from NSF, NIH, NEH-ODH for Data  Manage...
Data sharing (& safekeeping) options• Your school, department• Vault (NUIT)• Institutional repository (NUL)  under develop...
Final bits of advice• Get in the habit of putting a copyright statement  (Copyright © 2011, Claire Stewart) on your work, ...
You will probably forgeteverything Ive just talked about...    the only thing you need to          remember is...
I am here to help                                                My name is ClaireCome find me when you have questions abo...
Photo creditsSlide: Center for Scholarly Communication & Digital Curationknow your rights (http://www.flickr.com/photos/ke...
Photo credits (continued)Slide: Fair usefair use classroom poster draft(http://www.flickr.com/photos/sixteenmilesofstring/...
Copyright © 2011, Claire Stewart
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Copyright & your research

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Presentation for 2011 Electronic Resources Forum, an event for incoming PhD students in humanities and social sciences at Northwestern University.

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Copyright & your research

  1. 1. Copyright&your research ERF2011
  2. 2. My name is Claire I am not a lawyer I am a librarian, I study copyright
  3. 3. Digital Collections departmentFree digitization services & equipment for faculty/grad 2East, University Library, 8:30-5, M-F
  4. 4. Center for Scholarly Communication &Digital CurationPublishing, copyright and digital archiving support opening in October
  5. 5. What will you create and produce? What is copyright? How do you know when you can use someone elses work? What copyrights will you control?What are your options for managing and sharing your work? A bit about data and open access...
  6. 6. A tale of three author agreements
  7. 7. Co-authored monograph All rights in perpetuity, all subsidiary rights, right to grant these rights to others were signed over to the publisher
  8. 8. Chapter in an edited work I agree this is a work made for hire In the event it turns out NOT to be a work made for hire, I agree to assign all rights to the publisher Im not violating anyone elses rights, and if I do, its on my head, not the publishers
  9. 9. Co-authored article in peer reviewed journal My choice: copyright license or copyright assignment License: I keep my copyright, give Association right to print, distribute Assignment: I give all my rights over to the Association in perpetuity
  10. 10. Why do we agree to these terms?
  11. 11. What is copyright?• What qualifies for protection and when?• What are these "copy" "rights" ?• How long do they last?• Limitations and exceptions
  12. 12. What qualifies and when? • Copyright protects creative expression of an idea, not the idea itself • Factual information does not qualify (historical facts, statistics, telephone numbers, etc.) • Must be fixed in some medium; electronic media qualifies: email, PowerPoint, MSWord, etc. • As soon as its fixed, it is copyrighted (by the creator)
  13. 13. What are these “copy” “rights”?Exclusive rights to … In plan EnglishReproduce Make copiesDistribute Sell, give away at conferences, give to your students, make available for downloading on your web siteCreate derivative works Make new work from an existing work, screenplay from novel, new presentation based on an old presentation, translationDisplay the work publicly Hang a painting in a galleryPerform the work publicly Theatrical performance, musical performance
  14. 14. Web of ScienceWhich rights wereexercised to createthese graphs? Google Books
  15. 15. A few basic things to remember• Copyright lasts for life of the author + 70 years (but it was not always thus ... rules have changed over the years)• If you create it, you own the copyright. You do not have to include a notice or register your copyright, but for more formal works, this is not a bad idea. (U.S. Copyright Office help ... here again, rules have changed over the years)• You can unbundle your rights, you can transfer your rights• You can share copyright: works of joint authorship• Works for hire: things you produce as part of your regular employment
  16. 16. Northwesterns copyright policy"the members of the Northwestern University AcademicCommunity shall own in their individual capacity the copyrightto all copyrightable works they create at the University resultingfrom their research, teaching, artistic creativity, or writing."• Required to make best effort to grant NU a license to use the material for "reasonable academic or research purposes of the University"• Stronger claim for instructional materials, University retains right to use• Specific rules about software, patent-related copyrights, things in which the university has invested extraordinary resources• Classifies administrative documents as works for hire http://www.invo.northwestern.edu/policies/copyright-policy
  17. 17. (back to U.S. Copyright Law)Limitations and exceptions • Only the first sale of a copy is under copyright holders control (109) • Exception for classroom teaching (110) • Exceptions for libraries to make copies (108) • Fair use (107)
  18. 18. Fair use, four factors• Nature of the use for profit or non? educational use? criticism?• Nature of the work highly creative? published or unpublished?• Amount and substantiality of the use the heart of the work? the entire work?• Market effect displacing sales?
  19. 19. What are the rules about incorporatingworks created by others?1. Is it still under copyright? if yes then...2. Does an exception (fair use?) apply? if no, then ... you need to request permissionNightmare scenario: your publisher wont include scans in yourbook without a signed copyright agreement form ... what do youdo?
  20. 20. Your dissertation ProQuest provides a list of things for which they like to see permissions: • Very long quotations • Reproduced publications (survey instruments, journal articles, etc.) • Unpublished works • Substantial chunks of o Poetry & lyrics o Dialogue from dramatic workhttp://dissertations.umi.com/northwestern/ o Music o Graphical works • Software developed by someone else
  21. 21. Your dissertation Standard agreement with ProQuest is a license
  22. 22. Open Access:Open-access (OA) literature is digital, online, free of charge, and freeof most copyright and licensing restrictions. -Peter Suber http://www.earlham.edu/~peters/fos/brief.htm
  23. 23. Contracts: terms you may encounter • Transfer of all rights in perpetuity • License of certain rights on a nonexclusive basis • Self-archiving restrictions* o only the pre-peer review copy o you have to wait X months before you can use the publisher PDF o only if mandated by a funder • You can participate in our open access program if you pay an additional author fee*self-archiving: posting your work on your web page or depositing it in an institutional or adisciplinary repository
  24. 24. Making sense of it all, alternatives, substitutions,etc.• Creative Commons licenses• SHERPA/RoMEO• Author addenda: CIC, SPARC
  25. 25. Creative Commonscreative commons -Franz Patzig-(http://www.flickr.com/photos/21572939@N03/2090542246/) / A. Diez Herrero(http://www.flickr.com/photos/21572939@N03/) / CC BY-NC-SA 2.0(http://creativecommons.org/licenses/by-nc-sa/2.0/)
  26. 26. American Historical Review
  27. 27. Author addenda• CIC Author Addendum http://www.northwestern.edu/provost/about/announcements/cic.html o Unanimously adopted by CIC provosts in 2006, endorsed by Northwestern Faculty o Key features:  Author has non-exclusive rights to his/her work for academic purposes  After 6 months, can make full use of publishers copy  Author has right to grant employing institution rights of reproduction, distribution, display, etc.• Other addenda: o Scholarly Publishing & Academic Resources Coalition (SPARC) o Science Commons addenda generator o Directory of addenda, Open Access Directory
  28. 28. What about data?
  29. 29. Data sharing: rules and norms are different Emerging policy areaMandates from NSF, NIH, NEH-ODH for Data Management Plans, data preservation (what is data?)
  30. 30. Data sharing (& safekeeping) options• Your school, department• Vault (NUIT)• Institutional repository (NUL) under development• Your disciplinary repository o ICPSR (Poli Sci) o OpenContext (Arch)• Google Dataset Publishing Language• Insert_your_solution (DropBox, Box.net, Amazon, CrashPlan, etc.) http://oad.simmons.edu/oadwiki/Data_repositories
  31. 31. Final bits of advice• Get in the habit of putting a copyright statement (Copyright © 2011, Claire Stewart) on your work, or, even better, a Creative Commons license• You control your copyright, dont hesitate to ask for terms that will let you keep the rights you want• Keep copies of authors agreements/contracts• If you plan to use someone elses work in your work, document where you got your copy, when you got it, and the rights as you understand them• Give some thought to organization of content ahead of time• Keep your data safe: make. lots. of. copies.
  32. 32. You will probably forgeteverything Ive just talked about... the only thing you need to remember is...
  33. 33. I am here to help My name is ClaireCome find me when you have questions about copyright, authors rights, open access... youll find me in 2EastDigital Collections & the Center for Scholarly Communication and Digital Curation claire-stewart@northwestern.edu gchat&AIM: claireystew
  34. 34. Photo creditsSlide: Center for Scholarly Communication & Digital Curationknow your rights (http://www.flickr.com/photos/keoshi/1336264417/) / Filipe Varela(http://www.flickr.com/photos/keoshi/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)Slide: Why?Frustration (http://www.flickr.com/photos/14511253@N04/4411497087/) / Andrew Mccluskey(http://www.flickr.com/photos/14511253@N04/) / CC BY 2.0 (http://creativecommons.org/licenses/by/2.0/)Slide: What qualifies and when?Writing (http://www.flickr.com/photos/anotherphotograph/2276607037/) / Tony Hall(http://www.flickr.com/photos/anotherphotograph/) / CC BY-NC-SA 2.0(http://creativecommons.org/licenses/by-nc-sa/2.0/)Slide: A thought experimentRosvall, M., & Bergstrom, C.T. (2010). Mapping Change in Large Networks. PLoS ONE, 5(1), e8694. doi:10.1371/journal.pone.0008694Slide: Limitations and exceptionsLimit velomobile (http://www.flickr.com/photos/velomobiling/308274953/) / Mary(http://www.flickr.com/photos/velomobiling/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)
  35. 35. Photo credits (continued)Slide: Fair usefair use classroom poster draft(http://www.flickr.com/photos/sixteenmilesofstring/2596569134/in/photostream/) / Timothy Vollmer(http://www.flickr.com/photos/sixteenmilesofstring/) / CC BY 2.0(http://creativecommons.org/licenses/by/2.0/)Slide: Creative Commonscreative commons -Franz Patzig- (http://www.flickr.com/photos/21572939@N03/2090542246/) / A. DiezHerrero (http://www.flickr.com/photos/21572939@N03/) / CC BY-NC-SA 2.0(http://creativecommons.org/licenses/by-nc-sa/2.0/)
  36. 36. Copyright © 2011, Claire Stewart

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