Author’s Rights


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Author's Rights Library Seminar at Iowa State University Spring 2010

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Author’s Rights

  1. 1. Author’s Rights H. Stephen McMinn
  2. 2. Discussion Topic  Your Rights as an Author  General Rules  NIH Rules  Publishers Copyright Transfer Agreements  What they contain  What to look for  Protecting Your Rights  Sample Letters/Amendments
  3. 3. Your Rights  What can you do with your article?  Publish on your website  Photocopy and pass out on street corners  Use in your course  Post to Subject Repositories  Submit to Journals  Tear up into little pieces and use for confetti  May depend on Funding Source!
  4. 4. Important Rights  To publish/distribute work in print or other media  To Reproduce/Copy  Prepare Translations or Derivative Works  To perform or display the work publicly  To authorize others to have any of these rights – ability to transfer rights
  5. 5. Rights  Make copies of the work for educational use, including class notes, study guides or electronic reserves  Send copies of the work to colleagues  Present the work at conference or meeting and give copies of the work to attendees  Deposit the work in an institutional or funding agency repository or other digital repository  Post the work on a laboratory or institutional web site on a restricted network or publicly available network
  6. 6. Derivative Works  Use part of the work as a basis for a future publication  Use excerpts in other works such as tables from an article into a book chapter  Use a different or extended version of the work for a future publication, dissertation, or thesis  Use the work in a compilation of works or collected works  Expand the work into a book form or book chapter
  7. 7. NIH Public Access Policy The NIH Public Access Policy implements Division G, Title II, Section 218 of PL 110-161 (Consolidated Appropriations Act, 2008). The law states: The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine’s PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication, to be made publicly available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law
  8. 8. NIH Rules  In Brief  NIH-funded research must be made available to the public  Deposit made publicly available no later than 12 months after the official date of publication  submit an electronic copy of their published articles to NIH PubMed Central  NIH Public Access Policy @
  9. 9. Publishers Copyright Transfer Agreements • Background/Definitions/Historic • Questions to consider – What rights are your giving up – What rights are important to you – How important are these rights • Open access • Gov Regulations • Personal Preferences • What to look for in agreements
  10. 10. Definitions  Pre-print: Manuscript as submitted by the author for peer review.  Post-print: Manuscript that includes changes made by the author as a result of the peer review process.  Final Publisher Version: The publishers’ final version of the manuscript and is different from the post-print version, due to layout, pagination, location of graphics, etc.
  11. 11. Historic Practice  Continuing to transfer ownership of copyright to publishers in exchange for publication despite the restrictions it places on your works  Therefore you would need to obtain permission to do all the rights you transferred……
  12. 12. Potential Legal Problems In 2005, the Association of American Publishers (AAP) threatened the University of California-San Diego with a lawsuit over UCSD’s e-reserves program, which allows the posting of password-protected articles written by UCSD faculty for use by their students “Legal battle brews over availability of texts on online reserve at U. of California Library” by Scott Carson. The Chronicle of Higher Education – April 22, 2005
  13. 13. Questions to Consider • What rights are your giving up • What rights are important to you • How important are these rights, items to consider.. • Gov Regulations – NIH • University Guidelines • Open access • Personal Preferences
  14. 14. Interpreting Agreements  What to look for…. – Posting to websites – Using in course packs – Using in other works – Placing in Institutional or Subject Repositories – Allowed methods of sharing – Permissions statement
  15. 15. Examples  Elsevier  ACS  Oxford University Press  Thieme Publishing  Sherpa/Romeo
  16. 16. Elsevier (Green)  On authors personal or authors institutions website or server  Self-archiving of author manuscripts into a subject based repository (e.g. PMC, UKPMC) is prohibited  Published source must be acknowledged  Must link to journal home page or articles' DOI
  17. 17. Elsevier (Green)  Publisher's version/PDF cannot be used  Articles in some journals can be made Open Access on payment of additional charge  NIH Authors articles will be submitted to PMC after 12 months  Authors who are required to deposit in subject repositories should use Sponsorship Option - See note below about NIH authors
  18. 18. American Chemical Society (White)  The author may post on the web the title of their paper, abstract (no other text), tables and figures on their own web site  NIH funded authors may post articles to PubMed Central 12 months after publication  May link to publisher version
  19. 19. Oxford University Press (Yellow)  Pre-print can only be posted prior to acceptance, must be accompanied by set statement and must not be replaced with post-print (link to published version with amended statement)  Publisher version cannot be used except for Nucleic Acids Research articles  Published source must be acknowledged  Must link to publisher version  Set phrase to accompany archived copy (see policy)  Articles in some journals can be made Open Access on payment of additional charge  Publisher will deposit on behalf of NIH funded authors to PubMed Central
  20. 20. New Landscape for Authors  Retain all of some of your Rights – 2 Options Retain only the Specific Rights You Need  Right to use/copy for educational purposes  Right to post to your website  Right to re-use your own work in another work But otherwise transfer copyright to publisher OR Retain all Rights and License Specific Rights to the Publisher such as right of 1st publication
  21. 21. Retaining Your Rights  History  Policies  Faculty Senate Resolutions  Methods  Choosing “friendly” publishers  Editing current agreements  Attaching an amendment statement to existing agreements
  22. 22. Finding Friendly Publishers  The Romeo/eprints directory provides information on the self-archiving policy of journals  Uses a 4 Color Breakdown for Open Access Rights – Green (best) to White (worst)  DOJA -- Directory of Open Access Journals  Scholarly Communications  Ask a Librarian
  23. 23. Methods to Retain Rights  Attach an addendum to the publishing agreement which expressly sets forth the rights retained by the author.  Strike out the parts of the agreement that you wish to modify  Insert in the text of the agreement the rights they wish to retain.
  24. 24. Editing Agreement  Insert in the text of the agreement the rights they wish to retain.  The following is an example: “If there are any elements in this manuscript for which the author(s) hold and want to retain copyright, please specify: __________________________.” [Physical Therapy, Journal of the American Physical Therapy Association]
  25. 25. Editing Agreement  Strike out wording  crossing out the specific clauses that you do not agree with and inserting by hand the rights you wish to retain.  Review the publisher’s agreement form for…. “SIGN HERE FOR COPYRIGHT TRANSFER: I hereby certify that I am authorized to sign this document either in my own right or as an agent for my employer, and have made no changes to the current valid document. . .”
  26. 26. Editing Agreements  Any changes made directly on the form agreement must include….  the initials of the author and the initials of an authorized representative of the publisher, which are placed immediately adjacent to the handwritten or typewritten change.  Any changes made and initialed by the author will have no legal effect without the approval of the publisher.
  27. 27. NIH Example Add the following to a copyright agreement “Journal acknowledges that Author retains the right to provide a copy of the final peer-reviewed manuscript to the NIH upon acceptance for Journal publication, for public archiving in PubMed Central as soon as possible but no later than 12 months after publication by Journal.”
  28. 28. Amendments to Agreements  An addendum is an attachment to a contract or form that modifies, clarifies, or adds to the contract.  If authors attach an addendum, add the statement “Subject to Attached Addendum” next to your signature on the publisher copyright agreement form.  Lots of Examples of Amendments
  29. 29. Amendments  Creative Commons - The Scholar’s Copyright Addendum Engine   University of Iowa  AuthorsAddendum.doc  Washington University  form.html
  30. 30. Q&A + Links  Scholarly Communications LibGuide   SHERPA RoMEO   DOJA - Directory of Open Access Journals   SPARC   NIH Public Access Policy 
  31. 31. Thank You !!! H. Stephen McMinn Science and Technology Division Reference and Instruction Department Iowa State University Library Phone: 294-4789 E-Main: