COPYRIGHT AND AUTHORS RIGHTS – pt. 2

Elizabeth Sosnowska – UMDNJ

March 14, 2011

Copyright Copyright is a set of exclusive rights

granted to the author or creator of an original work, including the right to copy, distribute and adapt the work.

The author obtains these exclusive rights at the moment the copyrighted work has been fixed in a tangible medium, such as when a written work has been saved on a computer's hard drive or printed.

What is protected

YESOriginal works of authorship that are fixed in any tangible means of expression:Literary works Music incl. sound recordings Choreography Pictorial, graphic, and sculptural works Motion pictures and other audiovisual works Architectural works

NOIdeas, facts, words, phrases, methodsDataWorks in public domainWorks created by Federal Employees as part of their dutyJudicial opinionsPublic OrdinancesAdministrative rulings

Authors’ rights Authors' rights are a part of copyright law Can only be transferred in writing Specific author rights can be bundled or

unbundled through licenses, addenda or negotiation

Licensing allows for specific rights to be retained: Authors keep copyright and license selective rights

(e.g., right of first publication). Publishers take copyright and license rights back (e.g.

reproduction, derivatives). Addenda can be added to publication

agreements fostering negotiations

Giving it all away?

Rights publishers traditionally want: Reproduction, distribution, derivatives.

Rights publishers actually need: first publication rights.

Open Access publishers usually don’t require full transfer of copyright

Copyright Transfer Agreement (CTA)

Common in academia, usually a condition of publication, varied in form and content.

Legally-binding document which transfers copyright ownership from the author to publisher as soon as it is signed. Comes in variety of forms:- copyright transfer agreement (CTA)- publishing license- publication agreement- author agreement

What is covered May include: author submission

instructions, specific rights for submitted (original) vs. accepted (peer-reviewed) version of the article, specific rules for depositing digital copies of one’s works in digital repository.

May restrict: reproduction, posting or other distribution of the copyrighted works. May limit re-use in other publications. (American Physiological Society, American Chemical Society, Portland Press)

Educating faculty -why it is important?

Scholar’s publication record is the most important measure of their professional performance (tenure).

Rapid growth of electronic information technologies and digital media is transforming the process by which scientific information is disseminated, collected, used and archived.

Pressure to publish in most prestigious journals

Prestige enables publisher to impose stricter copyright

transfer rules

Copyright ownership enables publisher to restrict access

Authors options (1)

Option 1: Transfer all copyright rights to the publisher.

Traditional solution- the least desirable from the author's perspective. It allows the publisher to prohibit or seriously restrict many re-publication and educational uses of copyrighted works, without even consulting the author.

Authors options (2) Option 2: Author can transfer copyright, but retain

some specified rights.

The right to make reproductions for use in teaching, scholarship, and research.

The right to borrow portions of the work for use in other works. The right to make derivative works. The right to alter the work, add to the work, or update the

content of the work. The right to include all or part of this material in the thesis or

dissertation. The right to make oral presentation of the material in any

forum. The right to authorize making materials available to

underdeveloped nations for humanitarian purposes. The right to archive and preserve the work as part of either a

personal or institutional initiative.

Authors options (3)Option 3: Authors retain all rights and license publication.

Authors determine who can use their scholarship. Authors can grant the publisher an exclusive

license for the first formal publication of the work. In addition, they might want to grant the publisher non-exclusive rights to authorize the following: Subsequent republication of the work. Reformatting of the publication (from print to

microfilm or digital formats). Distribution via document delivery services or in

course packs.

Selected Resources for authors and librarians

Know Your Copyrights - What You Can Do http://www.knowyourcopyrights.org/bm~doc/kycrbrochurebw.pdf

a brochure from the Association of Research Libraries

SPARC's Author Rights Initiative which includes a sample of the Copyright Addendum and Scholar's Copyright Addendum Engine http://scholars.sciencecommons.org/ a tool which suggests clauses that can be added to the author agreements with publishers. It allows for work to be archived in Open Access repositories, and give authors back control of the use of their own work in research and teaching.

SHERPA RoMEO http://www.sherpa.ac.uk/romeo/ a searchable database of publisher's copyright & archiving policies

SHERPA Juliet http://www.sherpa.ac.uk/juliet/ a summary of policies given by various research funders as part of their grant awards

What is RoMEO

Growing, searchable database of publishers’ copyright and self archiving policies (900 publishers, @18,000 titles).

RoMEO summarizes publishers’ conditions and categorizes publishers by colors, indicating level of author rights.

RoMEO’s Features Uses color coding to highlight publisher's

archiving policies: - Green: can archive pre-print and post-print or

publisher's version/PDF- Blue: can archive post-print (i.e. final draft

post-refereeing) or publisher's version/PDF- Yellow: can archive pre-print (i.e. pre-refereeing)- White: archiving not formally supported

RoMEO is searchable by:• Publisher name• Journal title• ISSN

About JULIET Provides summaries of funding agencies

grant and their conditions on self-archiving of research publications and data.

Provides quick summary of policies given by various research funding agencies as part of their grant awards.

Compares details of policies between different funding agencies.

Clearly shows what, where and when material is to be archived.

When to use Use RoMEO to find out if your publishers’ copyright rules

allow you to deposit in your institutional repository

Use RoMEO to find out which publishers’ comply with funding agencies’ conditions on open access

Use JULIET to find summaries of funding agencies’ grant conditions on self-archiving of the research publications and data

Use RoMEO and JULIET to find information about open access journals (links to DOAJ).

Use RoMEO and JULIET to find links to the websites of organizations involved in the Open Access movement

RoMEO & JULIET

SHERPA RoMEO http://www.sherpa.ac.uk/romeo/SHERPA JULIET http://www.sherpa.ac.uk/juliet/

CTA Comparison Exercise

AMA agreement: http://archpsyc.ama-assn.org/misc/auinst_crit.pdf Wiley agreement:

http://www.wiley.com/go/ctapsglobal BioMed Central agreement: http://

www.biomedcentral.com/html/info/about/license.pdf

CTA - Basic terminology Author = contributor Article = work = contribution Pre-print = submitted article, before

peer review Post-print = final version, accepted and

published Works-for-hire = contributions owned by

employer Derivatives = translation, sound

recording, dramatization

CTA - What to look for Permitted uses for submitted vs. accepted

works (articles) Retained rights Rules for re-use of the submitted material

incl. update, perform publicly, re-use in other publications

Sharing with colleagues and students – digital copies

Restrictions on posting on websites and repositories

Fair use rights

American Medical Association

Different CTA rules for JAMA than for the rest of AMA journals

Very confusing rules for authors and reviewers

Restrictions for self-archiving: If funded by non-profit organization 6 months for JAMA, 12 months for other titles

Additional Documents- AMA

Wiley-Blackwell

Detailed directions regarding the permitted uses by contributor, separate for each version of the article: “submitted” vs. “accepted” vs. “final published version”

Licensing the “final published version” back to author with restrictions (copies for colleagues, re-use in other publications, teaching duties).

Use of supplemental data (abstracts, figures, artwork)

Work-for-hire rules Copyright FAQ available on the website Separate document guiding author rights and

repositories and funding agencies policies.

BioMed Central Creative Commons Attribution License

General Conditions Anyone is free to:

copy, distribute, display the work make derivative works make commercial use of the work

Conditions: The original author must be given credit For any re-use or distribution, the terms of the

license must be explained Author can give permission to waive any of these

conditions

Learn more

SPARC's Resources for Authors: This SPARC site provides "practical guidance when submitting journal articles", including an addendum to affix to publication agreements, specifying rights you wish to maintain. An Author Rights pamphlet explains what rights you have as an author and will help you better understand the rights that you may be needlessly giving away by signing a publisher's agreement.

Creative Commons: a nonprofit organization that offers flexible copyright licenses for creative works: text, audio, images or other. With a Creative Commons license, you keep your copyright but allow people to copy and distribute your work provided they give you credit -- and only under the conditions you specify.

Scholar's Copyright Project: Provides several standard, responsible author's copyright agreement addenda that ensure the right of scholars to archive their work on the public Internet.

Even more New Author Rights in Content Licenses Blog - a new blog to share and

discuss draft standard author rights language for library content licenses. Contains the model language in a form that can be downloaded for use in existing content licenses. It also provides a place for comments about the license clause language and its use. The blog can be found at http://authorrights.wordpress.com/ on of Research Libraries page

Reserving Rights of Use in Works Submitted for Publication: Negotiating Publishing Agreements: From the IUPUI Copyright Management Center, this document provides "simple steps to protect your rights through better contracts with publishers" and sample addenda to attach to publishing agreements.

Sample Library and Information Science-related Copyright Agreement

Forms

THANK YOU!