Director, Center for Scholarly Communication & Digital Curation
Head, Digital Collections department
Northwestern University Library
Research Resources Forum 2013
My name is Claire
I am not a lawyer
I am a librarian, I study copyright
Digital Collections department
Free digitization services & equipment for faculty/grad
2East, University Library, 8:30-5, M-F
Center for Scholarly Communication &
Publishing, copyright and digital archiving support
What copyrights will you control?
What is copyright?
What are your options for managing and
sharing your work?
How do you know when you can use
someone else's work?
A bit about data and open access...
What are your questions, concerns?
First edition: All rights,
and the right to grant
these rights to others
were signed over to the
Second edition: retained
licensed printing and
Co-authored article in peer reviewed journal
My (our) choice:
copyright license or
License: I keep my
copyright, allow the
print, distribute my article
Assignment: I give all
my rights over to the
Association in perpetuity
Single author article in peer reviewed journal
My choice: copyright
license or copyright
License: I keep my
copyright but give
right to print, distribute
& exercise all of my
What is copyright?
• What qualifies for protection
• What are these "copy" "rights" ?
• How long do they last?
• Limitations and exceptions
What qualifies and when?
• Copyright protects
expression, not ideas
• Factual information does
not qualify: originality
• Must be fixed in some
• As soon as it's fixed, it is
protected by a copyright
Categories of protected works
From U.S. copyright law, section 102
What are these “copy” “rights”?
Exclusive rights to … In plan English
Reproduce Make copies
Distribute Sell, give away at conferences, give to
your students, make available for
downloading on your web site
Create derivative works Make new work from an existing work,
screenplay from novel, new presentation
based on an old presentation, translation
Display the work publicly Hang a painting in a gallery
Perform the work publicly Theatrical performance, musical
Perform a digital audio transmission Stream your music online
In case you have insomnia: full text of U.S. copyright law
A few other things to remember
• Copyright lasts for life of the author + 70 years
(but it was not always thus – see Peter Hirtle‟s chart ... rules have changed over
the years). Anonymous works: 120 years from creation.
• If you create it, you own the copyright. You do not have to include a
notice or register your copyright, but registration brings benefits.
(U.S. Copyright Office help ... here again, rules have changed over the years)
• Foreign works receive the same protection in the U.S. as works
published here. (as long as there are copyright treaty relations)
• 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
Northwestern's copyright policy
"the members of the Northwestern University Academic Community
shall own in their individual capacity the copyright to all copyrightable
works they create at the University resulting from 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
(back to U.S. Copyright Law)
Selected limitations and exceptions
• Only the first sale of a copy
is under copyright holder's
• Digital first sale?
• Works created outside U.S.?
• Exception for classroom
• Exceptions for libraries to
make copies (108)
• 108 spinner
• Fair use (107)
Kirtsaeng v Wiley
U.S. Supreme Court, March 13,
Key point: what does „legally made
under this title‟ mean?
(Stephen Colbert on the Kirtsaeng case)
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
Beyond the factors: TRANSFORMATIVENESS
“Where Cariou‟s serene and
portraits and landscape
photographs depict the
natural beauty of
Rastafarians and their
environs, Prince‟s crude and
jarring works, on the other
hand, are hectic and
Cariou v Prince. 2013. United States Court of Appeals for
the Second Circuit.
What are the rules about incorporating
works 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 permission
Nightmare scenario: you discover right before publication that
your publisher won't include that photo in your book without a
signed copyright agreement form ... what do you do?
Need to request permission?
Visit „Obtaining Copyright Permissions‟
a guide from the University of Michigan Library
Sometimes silly things happen…
Mappa Mundi, ca. 1430
Using OPS (other people‟s stuff) in your dissertation
ProQuest provides a list of
things for which they like to see
• Very long quotations
• Reproduced publications
(survey instruments, journal
• Unpublished works
• Substantial chunks of
o Poetry & lyrics
o Dialogue from dramatic work
o Graphical works
• Software developed by
Using OPS (other people‟s stuff) in your article or
Will depend on the publisher! Read the instructions to
• 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 it is the custom and practice in academic
publishing that short extracts of text (excluding, we
emphasize, poetry and song lyrics) may be reproduced
without formal permission…”
• T&F has a different standard 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
Taylor & Francis Author Services: Seeking Permission
Your rights in your dissertation
Standard agreement with ProQuest is a license
Your rights to your work: what do you
want to be able to do with it?
• Let prospective students and collaborators find and read
• Post your articles to your professional web site?
• Put them in a disciplinary repository
• Let someone use it in data-mining?
• If your publisher decides not to reprint your book, can you
reclaim the rights and put it up online for free? (reversion)
Authors agreements: terms you may
• Transfer of all rights in perpetuity
• Exclusive license of certain of your rights
• 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
o only if mandated by the institution (Harvard OA mandate)
or 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 a
Making sense of it all, alternatives, substitutions, etc.
• Creative Commons licenses
• Open Access
• Author addenda: CIC, SPARC
Creative Commons licenses
Complements copyright; pick a CC license that exactly fits your needs: As long as
there is attribution to me (BY), my work can be used for Non Commercial purposes
(NC), and derivative works are OK as long as the new work is also shared (Share
Alike or SA) = CC-BY-NC-SA
There are implications to putting research
“This journal provides immediate open access
to its content on the principle that making
research freely available to the public supports
a greater global exchange of knowledge.”
How do you get to OA?
• Publish in an OA journal*
• Publish in a non-OA journal, pay
to participate in publisher‟s hybrid open program*
• Publish in a non-OA journal, but retain/exercise right
to post your work openly online
– On your web site
– In a disciplinary repository
– In an institutional repository (NU‟s coming soon)
*OA is not always free to authors! Some OA journals and almost all hybrid
OA programs collect Article Processing Charges (APC), though they may
waive them for authors who don‟t have grants
• CIC Author Addendum
o Unanimously adopted by CIC provosts in 2006, endorsed by Northwestern
o Key features:
Author has non-exclusive rights to his/her work for academic purposes
After 6 months, can make full use of publisher's 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 addendum generator
o Directory of addenda, Open Access Directory
What about data?
Is it protected by copyright?
What happens when
literature becomes data?
Web of Science:
citation flow by
field over time
Google Books ngram
viewer: mapping phrase
occurrence over time
Data and data sharing:
rules and norms are different
Emerging policy area
Mandates from NSF, NIH, NEH-ODH:
now expect a Data Management Plan (DMP)
Promote data preservation and sharing
New White House directive, February 2013,
requiring public access plans from all agencies
disbursing $100M or more, publications AND data
(what is data?)
Data sharing (& safekeeping) options
• At Northwestern
• Your school, department
• Vault (NUIT)
• Institutional repository (NUL) under
• NU‟s research data ownership
• Disciplinary repositories
• ICPSR (Poli Sci)
• SSRN (Social sciences)
• OpenContext (Arch)
• Open Access Directory (OAD)
• Google Dataset Publishing
(DropBox, Box.net, Amazon, Crash
Evans, T. (2012). Collaboration Profiling in UK Higher Education.
You will probably
forget everything I've
just talked about
The only thing you
need to remember is...
My name is Claire
I am here to help
Come find me when you have questions about
copyright, authors rights, open access...
you'll find me in 2East
Digital Collections & the Center for Scholarly Communication and Digital Curation
Slide: Center for Scholarly Communication & Digital Curation
know 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-
Slide: Why do we agree…?
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 is copyright?
Large copyright sign made of jigsaw puzzle pieces
(http://www.flickr.com/photos/horiavarlan/4839454263/lightbox/) / Horia Varlan
(http://www.flickr.com/photos/horiavarlan/) / 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
Slide: Limitations and exceptions
Limit 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-
Slide: Fair use
fair use classroom poster draft
(http://www.flickr.com/photos/sixteenmilesofstring/2596569134/in/photostream/) / Timothy Vollmer
Photo credits (continued)
Slide: [Image from Cariou v Prince] Steinberger, Joshua. 2011. “Treading a Very Fine Line: The Intersection
of Contemporary Art and Copyright Law.” Intellectual Property, Media & Entertainment Law Journal.
Slide: “Where Cariou‟s serene…” quote from decision Patrick Cariou v Richard Prince, Gagosian
Gallery, Inc., Lawrence Gagosian. 2013. United States Court of Appeals for the Second Circuit.; photo of
Richard Prince‟s „Canal Zone‟ from “Richard Prince Ordered to Destroy Lucrative Artwork in Copyright
Breach.” 2011. The Guardian. March 23. http://www.theguardian.com/world/2011/mar/23/richard-prince-
Slide: Sometimes silly things happen…
Mappa Mundi – Borgia – c.1430 (http://michaeljallen.org/Mappa%20Mundi.html)
Slide: Creative Commons
creative 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
Slide: What about data?
Rosvall, M., & Bergstrom, C.T. (2010). Mapping Change in Large Networks. PLoS ONE, 5(1), e8694. doi:
10.1371/journal.pone.0008694 and Screen shot from Google ngram viewer:
Slide: Data sharing (& safekeeping) options
Evans, T. (2012). Collaboration Profiling in UK Higher Education.