For this presentation students need to have seen 5 web lectures on copyright. During the presentation, the knowledge gained by the students by looking at the web lectures will be tested on the basis of a number of practical questions.

1. Information Expertise Center
Leon Osinski
Part Copyright in academia, 07|08|09|14-01-2020
PROOF course Writing articles and abstracts in English
Available under CC BY license, which permits unrestricted
use, distribution, and reproduction in any medium,
provided the original author and source are credited

2. Summary of the web lectures
1. Copyright is the right to copy (reproduce), publish (disseminate) and modify a work
2. Copyright protects the subjective form of a work
3. Copyright is vested in the creator of the work
4. Copyright may be partially transferred to others
5. To publish a paper in a journal you have to transfer (some) copyright to the journal
6. You have to ask permission if you want to re-use (parts of) another persons work
7. There are exceptions to 6: right of (image) quotation and licenses
2 PROOF course WAA : part Copyright, January 2020

3. Case 1: reusing figures
Dear Mr. Osinski,
I am a PhD student at IE&IS. In my dissertation, I am
using a figure from an article published in a journal
and another figure from a chapter of a book
published by Springer. I have redrawn the figures
and very slightly adjusted them for highlighting how
they relate to the problems that I solve in my thesis.
In the captions of both figures, I refer to the
paper/book-chapter and state “with permission.”
(…)
Could you please tell me how and exactly from
whom I can get permission for using these figures in
this way?
3
What would be your response to this question?
PROOF course WAA : part Copyright, January 2020

4. Case 2: copyright of your thesis
I am (…) PhD student.
I would like to know more about the copyright text
that is sometimes included in TU/e dissertations.
I want to know if this is needed or why would I like
to add it, for instance.
(…)
An example of the text from a colleague:
'Copyright © 2019 by (name author).
All rights are reserved. No part of this publication
may be reproduced, stored in a retrieval system, or
transmitted, in any form or by any means,
electronic, mechanical, photocopying, recording or
otherwise, without prior permission of the author.'
4
Does the copyright of a PhD thesis belong to the
author?
What about copyright if the dissertation consists of
several articles already published?
Is it allowed to re-publish your journal paper as a
chapter in your thesis?
Is a copyright notice required to claim or obtain
copyright?
What does ‘All rights reserved’ mean? Are there
alternatives?
PROOF course WAA : part Copyright, January 2020

5. Case 2: copyright of your thesis
First of all I would like to emphasize that the copyright of your thesis indeed remains
with you, so not with the university or your supervisor for example.
This is also the case when your thesis consists of already published journal papers
(of which you have transferred the copyright to the publisher of the journals), then
the copyright of the thesis as a whole belongs to you! (…) that it is fully justified to
write in your thesis Copyright c [year of publication] by [your name] because the
copyright indeed is yours.
Most publishers allow you to publish your article as a chapter of your thesis.
5 PROOF course WAA : part Copyright, January 2020

6. Case 2: copyright of your thesis
A copyright notice is not necessary. With or without a copyright notice the copyright
remains with the author. No notice does not mean that your thesis is not copyrighted
but adding this notice makes things clearer of course.
With the addition “All rights reserved. No part of….” you’re explicitly saying that all
copyrights of the thesis (i.e. the right to publish, copy or adapt (parts of) your thesis)
remains with you. This means that if someone else would like to do so (so publishing,
copying or adapting (parts of) your thesis) he or she has to get permission from you
to do so (“without prior permission of the author”).
6 PROOF course WAA : part Copyright, January 2020

7. Case 2: copyright of your thesis
The example text you give is okay. But, if you want, you can waive the copyright of
your thesis. You can do that by adding a so-called Creative Commons (CC) BY license
to your thesis. If you do that, the copyright still remains with you but you’re also
making clear in advance (so no need to ask you for permission) that others may re-
use (re-publish, reproduce, copy) your thesis (as a whole) under the condition that
they have to acknowledge you. If you want you can add more conditions (for
example the condition NonCommercial which means that re-use is only allowed for
non-commercial purposes).
7 PROOF course WAA : part Copyright, January 2020

8. Case 3: publishing agreement
I was wondering if you could also help me with
another issue.
I just go my book manuscript accepted for
publication with the US publisher Berghahn Books (a
quite renowned publisher in my field, which is
contemporary history). The publisher just send me
the contract. I guess it is a pretty standard contract,
but as I have no experience with such issues, I was
wondering if there is anybody amongst TU/e’s
information specialists who could have a look at the
contract and point me to issues on which I might
need to better check back with the publisher.
8
What are important points to check in a publishing
agreement?
PROOF course WAA : part Copyright, January 2020

9. Case 3: publishing agreement
With regard to the copyright of the book this is the most important part of the
contract:
“The copyright of the said Work shall remain the property of the Author who, in
consideration of the payments hereinafter mentioned, hereby assigns to the
Publisher, during the legal term of copyright and any renewals thereof (together with
the rights enumerated in clause 16 hereof), the sole and exclusive right and license
to reproduce and distribute this Work in whole or in part,…”.
9 PROOF course WAA : part Copyright, January 2020

10. Case 3: publishing agreement
For this transfer of your copyright, you get something in return. (…). Furthermore,
you also get limited publishing rights back. This is mentioned here:
“The Author retains self-archiving and institutional depository rights to the Work as
outlined on the Publisher’s website here: www.berghahnbooks.com.”
10 PROOF course WAA : part Copyright, January 2020

11. Case 3: publishing agreement
“Our self-archiving policy permits the posting of publications on online institutional
repositories, personal websites, and databases such as Academia.edu, ResearchGate,
etc., under the following terms:
+ A Berghahn author may freely upload their work in the “post-print” form (that is,
the version of the text that has been peer reviewed, but not yet copyedited and
typeset) after an *embargo period of 24 months* from the date of publication.
+ In the case of monographs, *no more than 20%* of the entirety of the work may
be made freely available online in post-print form. (…) “ (my highlighting)
So, two years after publication you are allowed to upload the post print of 20 % of
the book in, for example, the TUE repository, on your personal website,
ResearchGate, etc. I think these are minor rights.
11 PROOF course WAA : part Copyright, January 2020

12. Case 3: publishing agreement
+ “Authors are free to republish a contribution to a collection or a chapter in a
monograph as an article in a journal, a collection of their work, or an edited
volume where the author is an active contributor (the author should acknowledge
and cite the Berghahn Books publication source).”
+ “Authors are also free to make and distribute copies of contributions or
monograph chapters for use in teaching.”
12 PROOF course WAA : part Copyright, January 2020

13. Case 4: licenses
13 PROOF course WAA : part Copyright, January 2020
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