Date post: | 21-Jan-2018 |
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Brett D. Currier, MSLS, JD
Director of Scholarly Communications
Director of Scholarly Communications
@brettdcurrier
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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.
Created at the
moment it the
article is fixed
in a tangible
medium of
expression.
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WHEN IS A COPYRIGHT CREATED?
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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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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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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LOSING YOUR COPYRIGHT CAN COST MONEY
Requested Image
Image Reuse Fee: $250Original Image
• Right of First
Publication
• Reproduction
• Distribution
• Derivatives
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THE RIGHTS PUBLISHERS . . .
Need Want
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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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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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COPYRIGHT TRANSFER: ELSEVIER
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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
EXCLUSIVE LICENSE: ELSEVIER OPEN ACCESS
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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
IMPLIED LICENSE: LAW REVIEWS
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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
NON-EXCLUSIVE LICENSE: PLOS
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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.
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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
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SECURE PERMISSION
Requested Image
Image Reuse Fee: $250Original Image
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
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INABILITY TO PREDICT EVOLUTION
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http://www.sparc.arl.org/resources/authors/
addendum-2007
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