Copyright and your research


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Presentation for 2013 Research Resources Forum at Northwestern University Library. Welcoming event for incoming PhD students in humanities and social sciences.

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Copyright and your research

  1. 1. Copyright & your research Claire Stewart Director, Center for Scholarly Communication & Digital Curation Head, Digital Collections department Northwestern University Library Research Resources Forum 2013
  2. 2. My name is Claire I am not a lawyer I am a librarian, I study copyright
  3. 3. Digital Collections department Free digitization services & equipment for faculty/grad 2East, University Library, 8:30-5, M-F
  4. 4. Center for Scholarly Communication & Digital Curation Publishing, copyright and digital archiving support
  5. 5. 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?
  6. 6. A tale of three author agreements
  7. 7. Co-authored monograph First edition: All rights, and the right to grant these rights to others were signed over to the publisher (copyright assignment). Second edition: retained copyright, exclusively licensed printing and distribution rights
  8. 8. Co-authored article in peer reviewed journal My (our) choice: copyright license or copyright assignment License: I keep my copyright, allow the Association to print, distribute my article Assignment: I give all my rights over to the Association in perpetuity
  9. 9. Single author article in peer reviewed journal My choice: copyright license or copyright assignment License: I keep my copyright but give Association exclusive right to print, distribute & exercise all of my other rights
  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 expression, not ideas • Factual information does not qualify: originality required. • Must be fixed in some medium • As soon as it's fixed, it is protected by a copyright
  13. 13. Categories of protected works From U.S. copyright law, section 102
  14. 14. 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 performance Perform a digital audio transmission Stream your music online In case you have insomnia: full text of U.S. copyright law
  15. 15. 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 employment
  16. 16. 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
  17. 17. (back to U.S. Copyright Law) Selected limitations and exceptions • Only the first sale of a copy is under copyright holder's control (109) • Digital first sale? • Works created outside U.S.? • Exception for classroom teaching (110) • Exceptions for libraries to make copies (108) • 108 spinner • Fair use (107)
  18. 18. First sale Kirtsaeng v Wiley U.S. Supreme Court, March 13, 2013 Key point: what does „legally made under this title‟ mean? (Stephen Colbert on the Kirtsaeng case)
  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? Beyond the factors: TRANSFORMATIVENESS
  20. 20. “Where Cariou‟s serene and deliberately composed portraits and landscape photographs depict the natural beauty of Rastafarians and their surrounding environs, Prince‟s crude and jarring works, on the other hand, are hectic and provocative.” Cariou v Prince. 2013. United States Court of Appeals for the Second Circuit.
  21. 21. 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
  22. 22. Sometimes silly things happen… Mappa Mundi, ca. 1430
  23. 23. 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
  24. 24. Using OPS (other people‟s stuff) 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 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 the owner.” Taylor & Francis Author Services: Seeking Permission
  25. 25. Your rights in your dissertation Standard agreement with ProQuest is a license
  26. 26. 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)? • 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)
  27. 27. Authors agreements: terms you may encounter • 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 publisher PDF 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 disciplinary repository
  28. 28. Making sense of it all, alternatives, substitutions, etc. • Creative Commons licenses • Open Access • SHERPA/RoMEO • Author addenda: CIC, SPARC
  29. 29. 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
  30. 30. -Peter Suber
  31. 31. Why? There are implications to putting research behind paywalls “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.”
  32. 32. 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
  34. 34. American Historical Review
  35. 35. American Political Science Review
  36. 36. 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 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
  37. 37. 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
  38. 38. 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?)
  39. 39. Data sharing (& safekeeping) options • At Northwestern • Your school, department • Vault (NUIT) • Institutional repository (NUL) under development • NU‟s research data ownership policy • Disciplinary repositories • ICPSR (Poli Sci) • SSRN (Social sciences) • OpenContext (Arch) • Open Access Directory (OAD) • Other • Google Dataset Publishing Language • Insert_your_solution (DropBox,, Amazon, Crash Plan, etc.) • figshare Evans, T. (2012). Collaboration Profiling in UK Higher Education.
  40. 40. Final bits of advice • Get in the habit of putting a copyright statement (Copyright © 2013, Claire Stewart) on your work, or, even better, a Creative Commons license (or both) • You control your copyright, don't 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 else's 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.
  41. 41. You will probably forget everything I've just talked about The only thing you need to remember is...
  42. 42. 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 gchat&AIM: claireystew
  43. 43. Photo credits Slide: Center for Scholarly Communication & Digital Curation know your rights ( / Filipe Varela ( / CC BY-NC-SA 2.0 ( sa/2.0/) Slide: Why do we agree…? Frustration ( / Andrew Mccluskey ( / CC BY 2.0 ( Slide: What is copyright? Large copyright sign made of jigsaw puzzle pieces ( / Horia Varlan ( / ( Slide: What qualifies and when? Writing ( / Tony Hall ( / CC BY-NC-SA 2.0 ( Slide: Limitations and exceptions Limit velomobile ( / Mary ( / CC BY-NC-SA 2.0 ( sa/2.0/) Slide: Fair use fair use classroom poster draft ( / Timothy Vollmer
  44. 44. 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. artwork-copyright-breach. Slide: Sometimes silly things happen… Mappa Mundi – Borgia – c.1430 ( Slide: Creative Commons creative commons -Franz Patzig- ( / A. Diez Herrero ( / 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.
  45. 45. Copyright © 2013, Claire Stewart