Your Work, Your Rights: Retain Your Copyright
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Target audience: graduate students and faculty who want to retain their copyright when they publish scholarly, academic journal articles. Covers open access, copyright, Creative Commons licensing, publishing contracts, and more.
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Your Work, Your Rights: Retain Your Copyright
- 1. YOUR WORK, YOUR RIGHTS: RETAINING YOUR COPYRIGHT Jody Bailey Director of Publishing UTA Libraries jbailey@uta.edu
- 2. OVERVIEW • Publishing Models and Contracts – Traditional, hybrid, and fully open – Article processing charges & Libraries’ Go Open Fund – Creative Commons licenses – Four publishing contract models – Keeping your rights • What Is Open Access? • Why Open Access? – Visibility – Costs to Libraries & Authors – Speed – Funder mandates – Evolution of your work • What Is Copyright? – Copyright 101 – Your rights – Sharing your work – Losing your rights 2
- 3. 3 WHAT IS OPEN ACCESS? “Open Access is the free, immediate, online availability of research articles, coupled with the rights to use these articles fully in the digital environment.” https://sparcopen.org/open-access/
- 4. 4 WHY OA? VISIBILITY • Full-text downloads = +89% • PDF downloads = +42% • Unique visitors = +23% • Citations = +18% • Worldwide reach, even to Global South http://www.bmj.com/content/337/bmj.a568; https://peerj.com/preprints/3119/
- 5. “The more people that can access and build upon the latest research, the more valuable that research becomes and the more likely we are to benefit as a society. More eyes make for smaller problems.” http://sparcopen.org/open-access/ 5
- 6. 6 WHY OA? COSTS TO LIBRARIES • UTA Libraries e-resources budget: $5.2 million • One e-journal cost range: $1600 to $25,000 • Annual inflation: 5% to 10%
- 7. WHY OA? COSTS TO AUTHORS 7 Requested Image Image Reuse Fee: $250 Original Image from NC Division of Health Service Regulation
- 8. 8 WHY OA? SPEED • Average publication lag of clinical trial results: 21 months • OA journals more efficient and faster http://www.aje.com/en/arc/making-the-choice-open-access-vs-traditional-journals/
- 9. 9 WHY OA? FUNDER MANDATES Federal funding agencies (and some private foundations) now require articles reporting results of funded research to be publicly accessible within 12 months of publication. More information here.
- 10. WHY OA? INABILITY TO PREDICT EVOLUTION 10
- 11. 11 HOW WILL YOU USE YOUR WORK? Idea Data Poster Article Book Chapter Book More Articles LIFE CYCLE OF AN IDEA
- 12. INABILITY TO PREDICT EVOLUTION Stephens-Davidowitz, S. (2014) The cost of racial animus on a black candidate: Evidence using Google search data. Journal of Public Economics, 118, 26-40. http://dx.doi.org/10.1016/j.jpubeco.2 014.04.010 12 Fig. 2 from Stephens-Davidowitz. Figure shows search volume for racial epithet (“n-word”) from 2004 to 2007 at the media market level. Darker areas signify higher search volume. White areas signify media markets with no data (including Alaska and Hawaii).
- 13. Chae, D. H., Clouston, S., Hatzenbuehler, M. L., Kramer, M. R., Cooper, H. L. F, . . . Link, B. G. (2015). Association between an internet-based measure of area racism and black mortality. PLOS ONE, 10(4), e0122963. http://dx.doi.org/10.1371/journal.pon e.0122963 13 INABILITY TO PREDICT EVOLUTION
- 15. • Make copies • Distribute the work • Prepare derivative works • Publicly perform or display the work • License any of the above to third parties • Transfer the copyright to a third party 15 BUNDLE OF RIGHTS © Copyright All Rights Reserved
- 16. WHEN IS A COPYRIGHT CREATED? Created at the moment the work is fixed in a tangible medium of expression. 16
- 17. • Share with colleagues • Include in a dissertation or thesis • Make it available to your students • Use parts of it in future research projects 17 WHAT DO YOU WANT TO DO WITH YOUR WORK?
- 18. • Allow colleagues to reuse part of your work in their research projects • Post it to a personal or department website • Upload it to the ResearchCommons or another subject specific repository (may be required if you have external funding) • Others . . . 18 WHAT ELSE DO YOU WANT TO DO WITH YOUR WORK?
- 19. THE RIGHTS PUBLISHERS . . . Right of first publication Reproduction Distribution Derivatives 19 Need Want
- 20. • Publishers ask you to transfer your copyright to them in written publication contract so they can license rights back (e.g., reproduction, derivatives). • HOWEVER! You can often keep copyright and license other rights (e.g., first publication) if you ask! • Addenda can be added to publication agreements to negotiate rights retention 20 LOSING YOUR COPYRIGHT
- 21. CREATIVE COMMONS LICENSES 21 Shaddim cc-by-4.0 A bridge between public domain and copyright
- 22. PUBLISHING MODELS 22 HybridTraditional Open Access Oxford U. Press Wiley Biomed Central
- 23. Article-processing charges: UTA Libraries can help! Apply for funding from the Go Open Fund 23 PUBLISHING OPEN ACCESS
- 25. Model Type Publisher Examples Work Made for Hire Washington Post Copyright Transfer Elsevier Toll Access (subscription) Exclusive License OA Elsevier Open Access* Nonexclusive License OA PLOS One 25 FOUR MAIN MODELS *Title dependent
- 26. Who owns the copyright? Did author ever own copyright? Reuse by author? Institutional Repository Deposit? Reuse by others? The publisher. No. Not without permission or a license. Not without permission or a license. Not without permission or a license. 26 WORKS MADE FOR HIRE: WASHINGTON POST
- 27. 27 COPYRIGHT TRANSFER: ELSEVIER TOLL ACCESS Who owns the copyright? Did author ever own copyright? Reuse by author? Institutional Repository Deposit? Reuse by others? The publisher. Yes. Not without permission or a license. Not without permission or a license. Not without permission or a license.
- 28. 28 EXCLUSIVE LICENSE OA: ELSEVIER OPEN ACCESS Who owns the copyright? Did author ever own copyright? Reuse by author? Institutional Repository Deposit? Reuse by others? The author. Yes. Not without permission or a license. Not without permission or a license. Not without permission or a license.
- 29. 29 NONEXCLUSIVE LICENSE OA: PLOS ONE Who owns the copyright? Did author ever own copyright? Reuse by author? Institutional Repository Deposit? Reuse by others? The author Yes Yes Yes Yes
- 30. 30 Model Who owns the copyright? Did author ever own copyright? Reuse by author? Institutional Repository Deposit? Reuse by others? Work made for hire The publisher. No. Not without permission or a license. Not without permission or a license. Not without permission or a license. Copyright Transfer The publisher. Yes. Not without permission or a license. Not without permission or a license. Not without permission or a license. Exclusive License OA The author. Yes. Not without permission or a license. Not without permission or a license. Not without permission or a license. Nonexclusive License OA The author. Yes. Yes. Yes. Yes. IN SUMMARY . . .
- 31. EMBARGO A period of time during which open access to your work is restricted 31
- 32. NEGOTIATE THE AGREEMENT SPARC Addendum Scholarly Publishing and Academic Resources Coalition 32 http://scholarlycommunication.uta.edu/more/sparc- addendum
- 33. KEEP YOUR CONTRACT AND ANY ADDITIONS Cautionary tales • Elsevier Takedown Notices for Faculty Articles on UC Sites (From UC Office of Scholarly Communication) • How one publisher is stopping academics from sharing their research (from Washington Post) • Publishers take ResearchGate to court, alleging massive copyright infringement (from Science Magazine) 33
- 34. QUESTIONS ABOUT PATENTS? Contact Teri Schultz Director of Technology Management UTA Research Administration 817.272.1140 tschultz@uta.edu 34
- 35. QUESTIONS ABOUT OPEN ACCESS PUBLISHING? 35 This presentation was based on an original work by Brett Currier, Digital Scholarship Librarian & Library Manager, Center for the Advancement of Data Research in Economics, Federal Reserve Bank of Kansas City, Brett.Currier@kc.frb.org Contact me Jody Bailey Central Library 214A 817-272-7516 jbailey@uta.edu
Editor's Notes
- Image on left came from NC Division of Health Service Regulation. It’s a county map that divides people into “health service areas.” https://www2.ncdhhs.gov/dhsr/coneed/staff.html A university researcher in NC took that original image and made the map on the right by coloring in the health service areas. They took that image and published it in a journal. A colleague down the hall wanted to reuse the image on the left, and the journal wanted $250 for reuse.
- 65-70% of science authors consider “the speed from acceptance to publication” to be “very important” or “quite important” when deciding which journal to publish in, while approximately 80-85% of these authors believe that “the speed from submission to first decision” plays a “very important” or “quite important” role in their decision of where to publish.
- Seth published his dissertation and an article (the citation). He used Google search analytics to find usage of the n-word and overlaid that info with voter precinct data from 2008 election. He wanted to determine whether Obama got more votes because of his race. Seth concluded that he lost 3% of vote because of his race. Places with higher racial slur usage voted less for Obama.
- Chae et al. took same data & same research and overlaid that with black mortality rates based on ZIP code. They determined that black Americans who lived in areas with higher racial slur usage were more likely to die earlier. Reason for talking about this: Seth Stephens-Davidowitz is a political scientist and economist and Chae et al. are public health researchers – completely different fields. Seth published openly (dissertation, article, and data), so Chae et al. were able to find it easily. EMPHASIZE IDEA THAT YOU CAN’T PREDICT HOW YOUR RESEARCH WILL BE USED. The idea that “everyone who need to use my research will see it” is no longer valid.
- This is what we use when we talk about copyright legally, but it doesn’t have a lot of meaning for most people.
- Point here is that this is the way people think about copyright in everyday terms. Note that the symbol is “share alike” from Creative Commons.
- Some publishers are now requiring that researchers sign over copyright to software code and data used or gathered in their research.
- Publishers only actually NEED right of first publication but they WANT all the other stuff.
- Most OA journals ask for a nonexclusive right to publish the article. Many/most popular media ask for rights of first publication (then author can publish a collection of essays from the various media outlets). It’s very common for traditional publishers to allow authors to republish an article verbatim in a thesis or dissertation.
- Cost to authors: (1) none; (2) $3000; (3) $2220
- Embargo: a period of time during which open access to your work is restricted – you can retain your rights and perhaps be able to put your article in an IR but you may have to wait 6 to 24 months or longer.
- Make sure to save your stuff in a place you can always access. In December 2013, Elsevier sent out a bunch of take-down notices for journal articles, and they did not own copyright on many of them.