Copyright & your research


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Presentation for the Northwestern University Scholarly Resources and Technology Series, by Claire Stewart, Head, Digital Collections & Scholarly Communication Services. Addresses authors rights, basics of U.S. copyright law, exemptions in the law, open access, data sharing, and related issues. Intended audience is faculty and graduate students at Northwestern University.

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Copyright & your research

  1. 1. Copyright&your research SRTS 2012
  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 opened in October 2011
  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... What are your questions, concerns?
  6. 6. A tale of three author agreements
  7. 7. Co-authored monograph All rights, and the right to grant these rights to others were signed over to the publisher. Reversion clause: if out of print 5 years after publication, authors can request to terminate agreement, except that publisher continues to have exclusive electronic rights.
  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. Journal of Library Administration • Transfer copyright or grant an exclusive license • In either case, there are limits to what I can do with my article: post pre-prints only, can only use publisher PDF in limited circumstances such as courses I teach • T&F Open Select program not available for this journal, but if it was: $3,500 to make the article immediate open access
  12. 12. What is copyright?• What qualifies for protection and when?• What are these "copy" "rights" ?• How long do they last?• Limitations and exceptions
  13. 13. 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)
  14. 14. 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 performancePerform a digital audio transmission Stream your music online In case you have insomnia: full text of U.S. copyright law
  15. 15. Web of ScienceImpact of newtechnologies: whentext becomes dataWhich rights wereexercised to createthese graphs? Google Books
  16. 16. 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)• Foreign works receive the same protection in the U.S.• 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
  17. 17. 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
  18. 18. (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)
  19. 19. 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?
  20. 20. 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: you discover right before publication thatyour publisher wont include scans in your book without asigned copyright agreement form ... what do you do? Need a permission form? Try these Model Forms from Columbia University’s Copyright Advisory Office
  21. 21. Using OPS (other people’s stuff) in 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 work o Music o Graphical works • Software developed by someone else
  22. 22. Your rights in your dissertation Standard agreement with ProQuest is a license
  23. 23. Using OPS in your article or book Will depend on the publisher! read the instructions to authors • Publishing in JLA is considered a commercial activity • “As an author, you are required to secure permission to reproduce any proprietary material, including text. However …” • Different rules for text excerpts vs photos, video stills, graphs, etc: “Do I need permission to use very old paintings? Yes, you should get permission from the artist and the owner.” Taylor & Francis Author Services: Seeking Permission
  24. 24. Your rights to your work: what do you want to be able to do with it?• Let prospective students and collaborators find and read your articles?• Post your articles to your professional web site?• Put them in a disciplinary repository (SSRN, PubMedCentral)?• If your publisher decides not to reprint your book, can you reclaim the rights and put it up online for free? (reversion)
  25. 25. Authors agreements: 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 (NIH, for example) • 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
  26. 26. Making sense of it all, alternatives, substitutions,etc.• Creative Commons licenses• SHERPA/RoMEO• Author addenda: CIC, SPARC
  27. 27. Creative Commonscreative commons -Franz Patzig-( / A. Diez Herrero( / CC BY-NC-SA 2.0(
  28. 28. Open Access: -Peter Suber
  29. 29. Journal of Library Administration
  30. 30. American Historical Review
  31. 31. Author addenda• CIC Author Addendum 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
  32. 32. Recent developments• Research Works Act• Federal Research Public Access Act (FRPAA)• Elsevier boycott: “Because of our strong belief in open sharing of information, we were disturbed to see that recently introduced legislation (The Research Works Act, H.R. 3699) called for a rollback of the progress being made toward opening communication channels for sharing publicly funded research findings with the American people.” February 23, 2012 Editorial in Inside HigherEd
  33. 33. What about data?Is is protected bycopyright?
  34. 34. Data and data sharing: rules and norms are different Emerging policy areaMandates from NSF, NIH, NEH-ODH for Data Management Plans, data preservation (what is data?)
  35. 35. 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,, Amazon, CrashPlan, etc.)
  36. 36. Final bits of advice• Get in the habit of putting a copyright statement (Copyright © 2012, Claire Stewart) on your work, or, even better, a Creative Commons license (or both)• 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.
  37. 37. You will probably forgeteverything Ive just talked about... the only thing you need to remember is...
  38. 38. 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 gchat&AIM: claireystew
  39. 39. Photo creditsSlide: Center for Scholarly Communication & Digital Curationknow your rights ( / Filipe Varela( / CC BY-NC-SA 2.0 ( Why?Frustration ( / Andrew Mccluskey( / CC BY 2.0 ( What qualifies and when?Writing ( / Tony Hall( / CC BY-NC-SA 2.0( 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 ( / Mary( / CC BY-NC-SA 2.0 (
  40. 40. Photo credits (continued)Slide: Fair usefair use classroom poster draft( / Timothy Vollmer( / CC BY 2.0( Creative Commonscreative commons -Franz Patzig- ( / A. DiezHerrero ( / CC BY-NC-SA 2.0(
  41. 41. Copyright © 2012, Claire Stewart