Authors Rights

Author RightsCopyright in Academia

@msu_libraries @_nickoal_ #copyright

Goals for this session:● Think through possible future uses of your

creative works

● Understand the limitations imposed by publishing contracts

● Learn how to approach negotiating your rights

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One Rule to Remember :

you own what you create.

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Your Copyrights

● Protection is automatic once a work is fixed

● Very little creative originality is necessary

● Registration is not necessary

@msu_libraries @_nickoal_ #copyright

Who is an Author?● 3 scholars who do joint research and each

write a section of an article.● A book author and her editor.● A photographer and the person whose picture

s/he takes.● A university librarian who writes a report for a

library association and is paid $1500.● The PI whose name is listed on a published

article but who wrote no part of it.@msu_libraries @_nickoal_ #copyright

Who is the Copyright Holder?●The creator is usually the copyright holder. ●If two or more people jointly create a work,

they are joint copyright holders, with equal rights.

●With some exceptions, work created as a part of a person's employment is a "work made for hire" and the copyright belongs to the employer.

@msu_libraries @_nickoal_ #copyright

What Copyright Protects...

Copyright protects:

● Writing

● Choreography

● Music

● Visual art

● Film

● Architectural works

Doesn’t protect…

● Ideas

● Facts

● Titles

● Data

● Patents

@msu_libraries @_nickoal_ #copyright

Length of Copyrights

● The bundle of copyrights lasts a long time:● Life of the author plus 70 years● Joint works: 70 years after death of last

author● For works for hire or anonymous works, 95

years from publication or 120 years from creation, whichever expires first.

@msu_libraries @_nickoal_ #copyright

Uses of Your Published Works

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What you might do with your works...

● Share with colleagues or practitioners

● Make it available to public (or be required to under an institutional or funder policy)

● Use parts of it yourself, in future work (including a dissertation)

● Prepare a textbook or other collected volume of your work

@msu_libraries @_nickoal_ #copyright

Copyright is a bundle of rights :

● The right to reproduce the work● The right to distribute the work● The right to prepare derivative works● The right to perform the work● The right to display the work● The right to license the above to third parties

@msu_libraries @_nickoal_ #copyright

Don’t give away Copyrights

● In order to publish your work, publishers need from you the right to publish your work.

● Usually publishers ask you to transfer your copyright to them.

The work belongs to you until you give your copyrights away

@msu_libraries @_nickoal_ #copyright

Publishing Agreements

● Copyright can be transferred only in writing

● Rights publishers traditionally want:o Reproduction, distribution, derivatives… everything!

● Rights publishers actually need:o Right of first publication…that’s it, really.

@msu_libraries @_nickoal_ #copyright

Rights of Copyright Holder

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Sample :

3. Copyright Transfer. In consideration of the action of the American Medical Association (AMA) in reviewing and editing this submission (manuscript, tables, and figures), I hereby transfer, assign, or otherwise convey all copyright ownership, including any and all rights incidental thereto, exclusively to the AMA, in the event that such work is published by the AMA.

All or Nothing?● Understand what you want!

● Read the contract carefully.

● Contact the publisher about changes

● Amend the contract

● Save your contract!

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Amendments

● Specific rights can be bundled or unbundled by licenses (e.g., Creative Commons) or addenda (e.g., SPARC) or negotiation

Addendum

Addendum Engine

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If Publisher Still Says “No”● Consider publishing your work elsewhere

where you can retain the rights you want.o FYI: Open Access publishers usually do not require

full transfer of copyright

● Publish your work as planned with the original publisher.

The decision is entirely up to you

@msu_libraries @_nickoal_ #copyright

“If...then” : Secrets of ReuseBy the author● If full rights retained, then limitless (within

confines of law, that is)● If some rights retained, then within limits of

negotiated rights● If no rights retained, then fair use only

@msu_libraries @_nickoal_ #copyright

“If...then” : Secrets of ReuseBy others● If published open access, then freely

accessible – and possibly more● If published under a Creative Commons

license, then within limits defined by the license● If published traditionally, then fair use only

@msu_libraries @_nickoal_ #copyright

Take Aways

● We all own copyright until we sign it away

● Contracts are negotiable, including publishing contracts

● Think ahead to how you might want to use your work

● Experimentation via CC licenses, attaching addenda or negotiating isn’t scary and doesn’t negate peer-review prestige

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thank you!

Questions?

Feedback?

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This slidedeck is a mashup with slight modifications of the following presentations: Molly Keener’s ACRL “Copyright 101” ( http://ow.ly/DasLO ), Sarah Shreeves’ “Author Rights : Securing Future Uses of Your Work” ( http://ow.ly/DaGEd ), and Micah Vandegrift’s “Introduction to Author’s Rights” ( http://ow.ly/DaHak ).