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Reading a Publication Contract

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Brett D. Currier, MSLS, JD Director of Scholarly Communications Director of Scholarly Communications @brettdcurrier [email protected]
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Page 1: Reading a Publication Contract

Brett D. Currier, MSLS, JD

Director of Scholarly Communications

Director of Scholarly Communications

@brettdcurrier

[email protected]

Page 2: Reading a Publication Contract

2

Page 3: Reading a Publication Contract

3

Contact Teri Schultz

Director of Technology Management

817.272.1140

[email protected]

Page 4: Reading a Publication Contract

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Original works of authorship fixed in

any tangible medium of expression,

now known or later developed, from

which they can be perceived,

reproduced, or otherwise

communicated, either directly or with

the aid of a machine or device.

Page 5: Reading a Publication Contract

Created at the

moment it the

article is fixed

in a tangible

medium of

expression.

5

WHEN IS A COPYRIGHT CREATED?

Page 6: Reading a Publication Contract

BUNDLE OF RIGHTS

• 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

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Page 7: Reading a Publication Contract

WHAT DO YOU WANT TO DO WITH YOUR WORK?

• Share with colleagues

• Include in a dissertation or thesis

• Make it available to your students

• Use parts of it in future research projects

• Allow colleagues to reuse part of your work in their research projects

• Post to a personal or department website

• Post to the Research Commons or another subject specific repository *

• Others . . .

*May be required if you have external funding

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Page 8: Reading a Publication Contract

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Page 9: Reading a Publication Contract

LOSING YOUR COPYRIGHT

• Copyright can only be transferred (“assigned”) in writing

• Licensing allows specific rights to be retained:

• Authors keep copyright and license other rights (e.g., first publication)

• Publishers take copyright and license rights back (e.g., reproduction,

derivatives)

• Addenda can be added to publication agreements to negotiate rights

retention

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Page 10: Reading a Publication Contract

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LOSING YOUR COPYRIGHT CAN COST MONEY

Requested Image

Image Reuse Fee: $250Original Image

Page 11: Reading a Publication Contract

• Right of First

Publication

• Reproduction

• Distribution

• Derivatives

11

THE RIGHTS PUBLISHERS . . .

Need Want

Page 12: Reading a Publication Contract

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Page 13: Reading a Publication Contract

FIVE MAIN MODELS

Model Type Journal Examples

Work Made for Hire Oxford University Press; ASME

Copyright Transfer Elsevier Journals (over 2000 titles)

Exclusive License Elsevier Open Access license

Non-Exclusive License PLOS; Buzzfeed

Implied License Law reviews

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Page 14: Reading a Publication Contract

WORKS MADE FOR HIRE: OUP

Who owns

the

copyright?

Did you

ever own

the

copyright?

Reuse by

author?

Institutional

Repository

Deposit?

Reuse by

others?

The

publisher

No Not without

permission

or a license

Not with

permission

Not without

permission

by the

publisher

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Page 15: Reading a Publication Contract

COPYRIGHT TRANSFER: ELSEVIER

15

Who owns

the

copyright?

Did you

ever own

the

copyright?

Reuse by

author?

Institutional

Repository

Deposit?

Reuse by

others?

The

publisher

Yes Not without

permission

or a license

Not with

permission

Not without

permission

by the

publisher

Page 16: Reading a Publication Contract

EXCLUSIVE LICENSE: ELSEVIER OPEN ACCESS

16

Who owns

the

copyright?

Did you

ever own

the

copyright?

Reuse by

author?

Institutional

Repository

Deposit?

Reuse by

others?

The author Yes Not without

permission

or a license

Not with

permission

Not without

permission

by the

publisher

Page 17: Reading a Publication Contract

IMPLIED LICENSE: LAW REVIEWS

17

Who owns

the

copyright?

Did you

ever own

the

copyright?

Reuse by

author?

Institutional

Repository

Deposit?

Reuse by

others?

The author Yes Probably Probably Probably

Page 18: Reading a Publication Contract

NON-EXCLUSIVE LICENSE: PLOS

18

Who owns

the

copyright?

Did you

ever own

the

copyright?

Reuse by

author?

Institutional

Repository

Deposit?

Reuse by

others?

The author Yes Yes. Yes. Yes.

Page 19: Reading a Publication Contract

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Model Who owns

the

copyright

?

Did you

ever own

the

copyright?

Reuse by

author?

Institutiona

l

Repository

Deposit?

Reuse by

others?

Work made

for hire

The

publisher

No Not without

permission

or a license

Not with

permission

Not without

permission

by the

publisher

Copyright

Transfer

The

publisher

Yes Not without

permission

or a license

Not with

permission

Not without

permission

by the

publisher

Exclusive

License

The author Yes Not without

permission

or a license

Not with

permission

Not without

permission

by the

publisher

Implied

License

The author Yes Probably Probably Probably

Non-

Exclusive

License

The author Yes Yes Yes Yes

Page 20: Reading a Publication Contract

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Page 21: Reading a Publication Contract

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SECURE PERMISSION

Requested Image

Image Reuse Fee: $250Original Image

Page 22: Reading a Publication Contract

Seth Stephens-Davidowitz, The cost of racial animus on a black candidate: Evidence using Google search data, Journal of Public Economics, Volume 118, October 2014, Pages 26-40, ISSN 0047-2727, http://dx.doi.org/10.1016/j.jpubeco.2014.04.010. (http://www.sciencedirect.com/science/article/pii/S0047272714000929)

Chae DH, Clouston S, HatzenbuehlerML, Kramer MR, Cooper HLF, et al. (2015) Association between an Internet-Based Measure of Area Racism and Black Mortality. PLoSONE 10(4): e0122963. doi: 10.1371/journal.pone.0122963

22

INABILITY TO PREDICT EVOLUTION

Page 23: Reading a Publication Contract

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http://www.sparc.arl.org/resources/authors/

addendum-2007

Page 25: Reading a Publication Contract

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Contact me

Brett D. Currier

Central Library 514

817-272-5127

[email protected]


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