This document discusses various topics related to copyright and author rights, including: - ICAR allows free reproduction of its material with proper attribution and permission. - The phrase "all rights reserved" indicates that the copyright holder retains all rights provided by copyright law. - Works in the public domain are not covered by intellectual property rights or the rights have expired. - India's copyright term is life of the author plus 60 years or 60 years from publication for certain works. - Copyleft uses copyright law to require any modified versions of a work to be freely distributed as well.

1. Copyrights & Author Rights
Sridhar Gutam
gutam@iari.res.in
10/21/2010 1gutam@iari.res.in

2. ICAR Website Copyright Terms
• Material featured on this Portal may be
reproduced free of charge after taking proper
permission by sending a mail to us. However,
the material has to be reproduced accurately
and not to be used in a derogatory manner or
in a misleading context. Wherever the
material is being published or issued to
others, the source must be prominently
acknowledged. However, the permission to
reproduce this material shall not extend to10/21/2010 2gutam@iari.res.in

3. All Rights Reserved
• "All rights reserved" is a phrase that
originated in copyright law as part of copyright
notices. It indicates that the copyright holder
reserves, or holds for their own use, all the
rights provided by copyright law, such as
distribution, performance, and creation of
derivative works; that is, they have not waived
any such right. Copyright law in most
countries no longer requires such notices, but
the phrase persists.
http://en.wikipedia.org/wiki/All_rights_reserved
10/21/2010 3gutam@iari.res.in

4. Public Domain
• Works are in the public domain if they are not
covered by intellectual property rights at all, if
the intellectual property rights have expired,[1]
and/or if the intellectual property rights are
forfeited.[2] Examples include the English
language, the formulae of Newtonian physics,
as well as the works of Shakespeare and the
patents over powered flight.
http://en.wikipedia.org/wiki/No_rights_reserved#Works_not_covered_by_copyright_law
10/21/2010 4gutam@iari.res.in

5. Copyrights in India
• Life + 60 years (except posthumous works)
• 60 years from publication (posthumous works,
photographs, cinematograph films, sound
recordings, works of public undertakings, and
works of international organisations)
http://en.wikipedia.org/wiki/List_of_countries%27_copyright_length
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6. Copyleft
• Copyleft is a play on the word copyright to
describe the practice of using copyright law to
offer the right to distribute copies and
modified versions of a work and requiring that
the same rights be preserved in modified
versions of the work.
• In other words, copyleft is a general method
for making a program (or other work) free,
and requiring all modified and extended
versions of the program to be free as well.10/21/2010 6gutam@iari.res.in

7. GNUGPL
• The GNU General Public License, originally
written by Richard Stallman, was the first
copyleft license to see extensive use, and
continues to dominate the licensing of
copylefted software. Creative Commons, a
non-profit organization founded by Lawrence
Lessig, provides a similar license called
ShareAlike.
http://en.wikipedia.org/wiki/Copyleft
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8. Authors' Rights: Regaining Control
• Scholars who sign away all rights must request
permission from publishers (often for a fee) to
place their own articles on a personal web
site, in a course pack for a class they are
teaching themselves, in an institutional
repository, or to distribute copies to
colleagues.
• And though scholars create the content (i.e.,
articles) and provide editing and peer review,
publishers typically receive both content and10/21/2010 8gutam@iari.res.in

9. • Copyright is a valuable asset, even for
academic authors. Although they seldom
profit from their works of authorship,
copyright, when properly managed, provides a
level of control that can be very useful in
ensuring the greatest possible impact for
scholarship. Librarians, who are often called
upon to advise on these matters, need to feel
competent and well-versed on the basic
principles of copyright.
Kevin Smith (2010) http://www.acrl.ala.org/scholcomm/node/8
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10. • Copyright law gives the creator of copyrighted
works exclusive rights, including principally:
• to reproduce the work in copies (e.g., as
photocopies or online),
• to distribute copies of the work;
• to prepare translations and other derivative
works,
• to perform or display the work publicly;
• to authorize others to exercise any of these
rights.10/21/2010 10gutam@iari.res.in

11. Points for the attention of faculty
• When you write an article for a scholarly journal, you are typically asked to
sign a publication agreement or a copyright transfer agreement. These
documents, which are legally binding contracts, usually transfer your
ownership of copyright to the publisher and determine the uses you will
be able to make of your own work in the future.
• Copyright is a bundle or package of the rights cited above. Scholars
(creators) can unbundle these rights and transfer only some of them to
publishers. For example:
• If the creator transfers ownership of the copyright, he or she can retain
the right to do certain things like include articles in course packs, or place
articles on a personal web site or an institutional repository.
• If the creator retains ownership of the copyright, he or she can grant a
non-exclusive license to the publisher, typically for the right of first formal
publication.
• Before signing a publication agreement, review the rights you retain to
ensure you can use your work in the ways you want. If the publisher’s
standard agreement doesn’t give you the control you want, suggest
changes.
10/21/2010 11gutam@iari.res.in

12. Know Your Rights as the Author
• The author is the copyright holder.
• As the author of a work you are the copyright
holder unless and until you transfer the
copyright to someone else in a signed
agreement.
•
• Assigning your rights matters.
• Normally, the copyright holder possesses the
exclusive rights of reproduction, distribution,
public performance, public display, and10/21/2010 12gutam@iari.res.in

13. Scrutinize the Publication
Agreement
• Read the publication agreement with great
care.
• Publishers’ agreements (often titled
“Copyright Transfer Agreement”) have
traditionally been used to transfer copyright
or key use rights from author to publisher.
They are written by publishers and may
capture more of your rights than are
necessary to publish the work. Ensuring the
agreement is balanced and has a clear10/21/2010 13gutam@iari.res.in

14. What if Publisher Rejects?
• Explain to the publisher why it is important for
you to retain these rights in
• your own work.
•
• Ask the publisher to articulate why the license
rights provided under the SPARC Author
Addendum are insufficient to allow
publication.
•
• Evaluate the adequacy of the publisher’s10/21/2010 14gutam@iari.res.in

15. How to Use SPARC Author
Addendum
1. Complete the addendum.
2. Print a copy of the addendum and attach it to
your publishing agreement.
3. Note in a cover letter to your publisher that
you have included an addendum to the
agreement.
4. Mail the addendum with your publishing
agreement and a cover letter to your
publisher.
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16. Hoorn & Graaf (2006) – Survey
http://www.dlib.org/dlib/february06/vandergraaf/02vandergraaf.html
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