This document provides answers to seven questions about copyright for law professors. It discusses who owns the copyright for a professor's article (it can be the author, publisher, or university depending on agreements), what rights professors may sign away in publishing agreements, how professors can retain rights by negotiating with publishers, where to find information on publisher agreements, how to protect works posted online using Creative Commons licensing, who owns the copyright for course materials and courses developed by a professor, and who owns the copyright for student works. The document aims to help professors understand copyright issues relating to their scholarly works.

1. Copyright for Law Professors
William S. Richardson School of Law
2015

2. Six Seven Questions & Answers
With help from Captain Copyright!!

3. Question 1
Who owns the copyright of my article?
A. The author
B. The publisher
C. The University
D. A or B or C

4. Answer
All of them – depending on the situation:
Rights reside with author usually unless
given to a publisher per agreement or
unless created as a “work for hire” on
behalf of the University.

5. Question 2
What rights might I be signing away to publishers?
A. Reuse an article as a chapter in a book
B. Revise or adapt an article
C. Distribute an article freely to colleagues
D. Reproduce copies of an article for teaching purposes
E. Self archive in an institutional repository or post on your
web site
F. All of the above

6. Answer
Depending on the agreement with the
publisher it could be any or all of these
rights.

7. Question 3
How can I retain rights to my own work?
A. You can’t
B. By negotiation
C. Persuasion, bullying, and letters of demand

8. Answer
Negotiation: Authors have the right to
negotiate agreements with publishers.
Publishers are used to authors retaining
some of their rights.

9. Question 4
Where can I find information about publisher copyright
agreements before I submit a work?
A. In the library
B. On the publisher’s website
C. At the US Copyright Office

10. Answer
Publisher’s Website: Many publishers post
standard agreements on their website. If
not, contact them and request it.
Also, the SHERPA/ROMEO project site provides information on
publisher copyright policy and self-archiving rights.

11. Question 5
How can I protect my own work if I post it on the web?
A. You can’t; you just gave it away
B. Hire a lawyer
C. By use of creative commons licensing

12. Answer
Creative Commons: Retain copyright while
providing guidelines to viewers on the use
of your work.

13. Question 6
Who owns the content of the courses and course
material that I develop?
A. The instructor
B. The Dean
C. The University
D. The ABA

14. Answer
The instructor: Traditionally. In the
academic community, you own the course
materials you create with the exception of
faculty hired in a position to produce
copyrighted materials.

15. Question 7
Who owns the copyright of work produced by students
in my class?
A. The instructor
B. The student
C. The University
D. The State of Hawaii

16. Answer
The student: Unless the student was hired
to create the copyrighted material. You
must obtain permission to use student’s
work.

17. Mahalo!
Reference: American University,
www.american.edu/library/documents/upload/RC_Faculty_Copyright.pdf
Brian R. Huffman, JD, MLIS
brhuffma@hawaii.edu