Presentation for the 2012 Research Resources Forum

1. Copyright
&
your research
RRF 2012

2. My name is Claire
I am not a lawyer
I am a librarian, I study copyright

3. Digital Collections department
Free digitization services & equipment for faculty/grad
2East, University Library, 8:30-5, M-F

4. Center for Scholarly Communication &
Digital Curation
Publishing, copyright and digital archiving support

5. What will you create and produce?
What is copyright?
How do you know when you can use
someone else's 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. A tale of three author agreements

7. Co-authored monograph
All rights, and the right
to grant these rights to
others were signed over
to the publisher
(copyright assignment).
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. 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. 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. Why do we agree to these terms?

11. What is copyright?
• What qualifies for protection
and when?
• What are these "copy" "rights" ?
• How long do they last?
• Limitations and exceptions

12. 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.). Originality required.
• Must be fixed in some medium;
electronic media qualifies:
email, PowerPoint, MSWord,
etc.
• As soon as it's fixed, it is
copyrighted (by the creator)

13. 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

14. Web of Science:
citation flow by
field over time
Copyright law has trouble
keeping up with technology
When text becomes data:
which rights, if any, were
exercised to create these
graphs?
Google Books ngram
viewer: mapping phrase
occurrence over time

15. A few basic 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 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. 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. 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
http://www.invo.northwestern.edu/policies/copyright-policy

17. (back to U.S. Copyright Law)
Limitations and exceptions
• Only the first sale of a copy
is under copyright holder's
control (109)
• Exception for classroom
teaching (110)
• Exceptions for libraries to
make copies for users and
for preservation (108)
• Fair use (107)

18. 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?

19. 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

20. 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

21. Sometimes silly things happen…
Mappa Mundi, ca. 1430

22. 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
http://dissertations.umi.com/northwestern/
o Music
o Graphical works
• Software developed by
someone else

23. Your rights in your dissertation
Standard agreement with ProQuest is a license

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)?
• 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)

25. 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

26. Making sense of it all, alternatives, substitutions, etc.
• Creative Commons licenses
• Open Access
• SHERPA/RoMEO
• Author addenda: CIC, SPARC

27. 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

28. -Peter Suber
http://www.earlham.edu/~peters/fos/brief.htm

29. 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.”

30. 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

31. American Historical Review

32. American Political Science Review

33. Author addenda
• CIC Author Addendum
http://www.northwestern.edu/provost/about/announcements/cic.html
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

34. What about data?
Is is protected by
copyright?

35. 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
(what is data?)

36. Data sharing (& safekeeping) options
• At Northwestern
• Your school, department
• Vault (NUIT)
• Institutional repository (NUL) under
development
• Disciplinary repositories
• ICPSR (Poli Sci)
• SSRN (Social sciences)
• OpenContext (Arch)
• Open Access Directory (OAD)
• Other
• Google Dataset Publishing
Language
• Insert_your_solution (DropBox,
Box.net, Amazon, CrashPlan, etc.)
• figshare
Evans, T. (2012). Collaboration Profiling in UK Higher Education.
http://figshare.com/articles/Collaboration_Profiling_in_UK_Higher_Education/95973

37. 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, 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.

38. You will probably
forget everything I've
just talked about
The only thing you
need to remember is...

39. I am here to help
My name is Claire
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
cscdc.northwestern.edu
claire-stewart@northwestern.edu
gchat&AIM: claireystew

40. Photo credits
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-
sa/2.0/)
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/
(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
(http://creativecommons.org/licenses/by-nc-sa/2.0/)
Slides: Copyright law has trouble keeping up with technology & 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: http://books.google.com/ngrams
Slide: Limitations and exceptions
Limit velomobile (http://www.flickr.com/photos/velomobiling/308274953/) / Mary

41. Photo credits (continued)
Slide: Fair use
fair use classroom poster draft
(http://www.flickr.com/photos/sixteenmilesofstring/2596569134/in/photostream/) / Timothy Vollmer
(http://www.flickr.com/photos/sixteenmilesofstring/) / CC BY 2.0
(http://creativecommons.org/licenses/by/2.0/)
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
(http://creativecommons.org/licenses/by-nc-sa/2.0/)
Slide: Data sharing (& safekeeping) options
Evans, T. (2012). Collaboration Profiling in UK Higher Education.
http://figshare.com/articles/Collaboration_Profiling_in_UK_Higher_Education/95973

42. Copyright © 2012, Claire Stewart