Copyright management in open access projects

Copyright Management in

Open Access Projects

Iryna Kuchma

EIFL Open Access Programme ManagerPresentation at “Open Access, Knowledge Sharing and

Sustainable Scholarly Communication in Mongolia”

seminar, December 11, 2014, Open Society Forum

www.eifl.netAttribution 4.0 International

Practical guidance when

submitting journal

articles

In order to maximize the value of the research you produce in digital environment, it is important for you to take an active role in managing the copyrights to your work.

Copyright protection is automatic (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).

(From SPARC Introduction to Copyright Resources: http://bit.ly/mRHQHT)

Practical guidance (2)

When you publish in a journal you are typically asked by the publisher to sign a copyright transfer agreement, or contract, that describes the assignment of various rights to the publisher.

Assigning your rights matters.

The copyright holder controls the work.

Transferring copyright doesn’t have to be all or nothing.(From Author Rights: Using the SPARC Author Addendum to secure your rights as the author of a journal article http://bit.ly/cezf0w)

A balanced

approach

Authors: Retain the rights you want. Use and develop your own work without restriction. Increase access for education and research. Receive proper attribution when your work is used. If you choose, deposit your work in an open online archive where it will be permanently and openly accessible.(From http://bit.ly/cezf0w)

A balanced approach

(2)

Publishers: Obtain a non-exclusive right to publish and distribute a work and receive a financial return. Receive proper attribution and citation as journal of first publication. Migrate the work to future formats and include it in collections.(From http://bit.ly/cezf0w)

Securing your rights

1. The SPARC Author's Addendum preserves rights for broader use of your research: http://scholars.sciencecommons.org

2. If your research is funded by the donor with an open access mandate, the donor usually offers language that modifies a publisher's copyright agreement to give you the rights to follow donor's open access policy.

(From SPARC Introduction to Copyright Resources: http://bit.ly/mRHQHT)

Deposit Licenses & End User Licenses

A comprehensive deposit and end user’s license agreement should cover a number of core topics, including

a depositor’s declaration;

the repository’s rights &

responsibilities; &

the end-user’s terms & conditions

Depositor's Declaration

1. to ensure that the depositor is the copyright owner, or has the permission of author/copyright holder (if by proxy) to deposit

2. the author and any other rights holders grant permission to the host institution to distribute copies of their work via the internet...

3. the author has sought and gained permission to include any subsidiary material owned by third parties

Repository's rights & responsibilities

It must be made clear to the submitting author that through submission of their work the copyright ownership is unaffected.

One way of doing this is for the deposit license to begin with the author granting the repository the nonexclusive right to carry out the additional acts...

End-user's terms and conditions

open access publication: the author(s) & copyright holder(s) grant(s) to all users a free, irrevocable, worldwide, perpetual right of access to, and a license to copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship (BBB)

DRIVER Guidelines

It is preferred to refer to a rights service where the reuse rights are made clear to the end-user by using a URL.

For example the Creative Commons organisation has created URIs for their different Licenses in the different Jurisdictions. This can be applied to create machine-readable usage licenses.Guidelines 2.0 for Repository Managers and Administrators on how to expose digital scientific resources using OAI-PMH and Dublin Core Metadata, creating interoperability by homogenising the repository output: http://bit.ly/mRbQ87

DRIVER Guidelines

(2)

Using Creative Commons right services makes the usage rights much more clear to the end user.

The URL provides the location where the license can be read. With creative common licenses the type of license can be recognized in the URL name itself. A pro for having the license point to an URL in this way, is that this is machine-readable.

Thank you!

Questions?

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