Claire, a librarian, provides an overview of copyright concepts for researchers. She discusses what qualifies for copyright protection, the exclusive rights granted to copyright holders, and limitations and exceptions like fair use. She also reviews author agreements and publishing options, noting that authors often transfer all rights to publishers but can use addendums to negotiate more rights. Finally, she advises researchers to document permissions, manage their data and digital works carefully, and contact her for any copyright questions.

1. Copyright
&
your research
ERF2011

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
opening in October

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...

6. A tale of three author agreements

7. Co-authored monograph
All rights in perpetuity, all
subsidiary rights, right to
grant these rights to
others were signed over
to the publisher

8. Chapter in an edited work
I agree this is a work
made for hire
In the event it turns out
NOT to be a work made
for hire, I agree to assign
all rights to the publisher
I'm not violating anyone
else's rights, and if I do,
it's on my head, not the
publisher's

9. Co-authored article in peer reviewed journal
My choice: copyright
license or copyright
assignment
License: I keep my
copyright, give
Association right to print,
distribute
Assignment: I give all my
rights over to the
Association in perpetuity

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.)
• 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

14. Web of Science
Which rights were
exercised to create
these graphs?
Google Books

15. A few basic things to remember
• Copyright lasts for life of the author + 70 years
(but it was not always thus ... rules have changed over the years)
• 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)
• 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 (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: your publisher won't include scans in your
book without a signed copyright agreement form ... what do you
do?

20. 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

21. Your dissertation
Standard agreement with ProQuest is a license

22. Open Access:
Open-access (OA) literature is digital, online, free of charge, and free
of most copyright and licensing restrictions.
-Peter Suber
http://www.earlham.edu/~peters/fos/brief.htm

23. Contracts: terms you may encounter
• Transfer of all rights in perpetuity
• 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 a funder
• 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

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

25. 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/)

26. American Historical Review

27. 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 addenda generator
o Directory of addenda, Open Access Directory

28. What about data?

29. Data sharing: rules and norms are different
Emerging policy area
Mandates from NSF, NIH, NEH-ODH for Data
Management Plans, data preservation
(what is data?)

30. Data sharing (& safekeeping) options
• Your school, department
• Vault (NUIT)
• Institutional repository (NUL)
under development
• Your disciplinary repository
o ICPSR (Poli Sci)
o OpenContext (Arch)
• Google Dataset Publishing
Language
• Insert_your_solution
(DropBox, Box.net, Amazon,
CrashPlan, etc.)
http://oad.simmons.edu/oadwiki/Data_repositories

31. Final bits of advice
• Get in the habit of putting a copyright statement
(Copyright © 2011, Claire Stewart) on your work, or, even
better, a Creative Commons license
• 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.

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

33. 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
claire-stewart@northwestern.edu
gchat&AIM: claireystew

34. 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?
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 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/)
Slide: A thought experiment
Rosvall, M., & Bergstrom, C.T. (2010). Mapping Change in Large Networks. PLoS ONE, 5(1), e8694. doi:
10.1371/journal.pone.0008694
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-
sa/2.0/)

35. 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: 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/)

36. Copyright © 2011, Claire Stewart