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Author Rights and Copy Rights: The Dos and Don'ts of Reusing Published Articles
Elizabeth Kirk, Associate Librarian for Information ResourcesDartmouth College Library
September 13, 2011 © 2011 Dartmouth College
Goals for this session Learn what is covered by copyright Understand what you can and can’t do legally with
copyrighted materials Reflect on copyright retention Learn how to protect your rights as an author
September 13, 2011
This is an educational program
I am not a lawyer, nor do I play one on TV. Only an attorney can provide a legal opinion on a specific
application of the law.
September 13, 2011
Poisons and medicine are oftentimes the same substance given with different intents.
—Peter Mere Latham
September 13, 2011
What are the rights of copyright? (17 U.S. Code) The right to reproduce the work (to publish, make copies,
reformat, etc.) The right to create derivative works (to edit or to build on
an existing piece of scholarship or research) The right to distribute the work (to publish, republish,
give away, sell, etc.) The right to perform the work publicly The right to display the work The right to broadcast the work The right of attribution and integrity Goal: “To promote the Progress of Science and useful
Arts…” (U.S. Constitution, Article 1, Sect. 8, Clause 8)
September 13, 2011
Who owns the copyright to a work? The creator, immediately upon fixation, or The creator’s employer, if the work is created in
fulfillment of job responsibilities (work for hire) Another party, such as a publisher, can only claim
copyright if the creator assigns or transfers his or her rights
Rights remain in force for the lifespan of the creator plus seventy years (even when the rights holder is not the creator)
Whoever holds the copyright controls the use of the creation
September 13, 2011
To the rescue: limitations and exemptions Copy rights are not unlimited and total Exemptions permit specific classes of use (ex., copying by
libraries and some instructional uses) Limitations are more ambiguous than exemptions Exemptions and limitations create the balance which is
needed to ensure the “progress of science and the useful arts” through the use of copyrighted materials (ex., parody, selective quotation, partial copying)
September 13, 2011
Classroom use exemption “In the course of systematic instruction”…in a non-profit
educational institution NOT in-service or CME instruction NOT patient education
Partial copying, selective performance Safe harbor guidelines available online from the U.S.
Copyright Office All other settings and uses must be with permission or as
a fair use
September 13, 2011
Fair Use: A Schedule II Narcotic Permissible uses regulated by law High risk of abuse (often used in place of purchasing) No refills (can’t keep re-using the same material) Can’t phone it in (“one copy” posted on the open Internet
is not fair) Administering the wrong amount can land you in court
But what constitutes the right amount is highly individual and contextual
September 13, 2011
Determining fair use: The Four Factors The purpose and character of the use (transformative
factor) The nature of the copyrighted work (favors uses of factual
materials over artistic, as dissemination benefits the public)
The amount and substantiality of the portion copied (three articles from the entire run of JAMA might be OK, but not three from one issue)
The effect of the use on the market for the work (or why libraries never put textbooks on reserve)
All four factors must “pass”
September 13, 2011
What to do to be safe Use fair use judiciously In case of doubt: Buy reprints or ask permission To use your own work: Don’t assign your copyright
September 13, 2011
Should you and can you keep your copyright? Do you wish to use some of the same research in another
publication? Share the article with colleagues? Post it to a web site? In your office?
Not all journals/publishers ask for copyright assignment Some publishers that do ask are amenable to negotiation And how about your data? If a publisher—more likely in
the future than at this moment—wants your data as well, will it be reusable by you or other researchers?
September 13, 2011
Open access (OA) publishing is one option Benefit: broadens access to your work, increasing its
impact Should people find trash online when they need help, or should
they be able to find Dartmouth research? Benefit: You don’t have to “distribute” on your own Financial models generally differ from subscription access
(can be underwritten, supply-side, etc.) Well-known OA publishers include Public Library of
Science and BioMed Central Dartmouth helps support some OA author fees (not all
OA journals charge these)
September 13, 2011
Negotiated copyright retention is another option Some traditional publishers don’t ask for copyright Some publishers will negotiate copyright retention Dartmouth provides an author’s amendment that may be
used by any author who wishes to retain rights Dartmouth can offer advice and negotiation support on a
limited basis NIH funded papers require some level of agreement with
publisher (prior grant of license to NIH) Dartmouth provides an author’s amendment specific to
NIH authors
September 13, 2011
Review: What the rights holder controls Publishing Making/distributing copies Future work based on the current work Attribution Republication Renumeration
Authors should consider the value of their rights as well as the value of publication when deciding whether or not to assign their copyrights.
September 13, 2011
