November 30, 2012 Laura Quilter Copyright & Information Policy Librarian University Libraries [email protected] Scholarly Communication, Open Access Publishing, and ScholarWorks Materials adapted from Marilyn Billings & Sarah Hutton, 2011-12
Apr 01, 2015
November 30, 2012
Laura QuilterCopyright & Information Policy LibrarianUniversity [email protected]
Scholarly Communication, Open
Access Publishing, and ScholarWorks
Materials adapted from Marilyn Billings & Sarah Hutton, 2011-12
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Scholarly Communication Trends
“Scholarly Communication Crisis of ’90s”
Increasing amounts of research and scholarship born in digital form
Need to collect and preserve this material
Examine new scholarly publishing models
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Definitions
Peer Review - evaluation of creative work or performance by other people in the same field in order to maintain or enhance the quality of the work or performance in that field
Open Access - unrestricted access via the Internet to articles published in scholarly journals, and also increasingly to book chapters or monographs
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Open Access 101
http://vimeo.com/13686591
Bonus: Scientist Meets Publisher https://www.youtube.com/watch?v=GMIY_4t-DR0
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Publisher
AcademicLibrary
Editor
Peer Reviewers
cost
budget
Serials Crisis
Scholarly Publishing: Traditional
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Publisher
editor
Peer Review
AcademicLibrary
cost
budget
Serials
Crisis
copyrights
grants
university
taxpayers
rewardsnew business
models
OA mandates
open access* *
*
*
*
Source: Lee Van Orsdel’s “Basics” ACRL Scholarly Communication 101 http://scholarlycommunications.wustl.edu/pdf/VanOrsdel-Economics.pdf
Scholarly Publishing: New
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Ways You Can Support Open Access
Choose open access for your papers, theses or dissertation Publish your future articles in open access journals
Know your author rights: Read SPARC Author Rights Retain your rights to post open access versions of your
work in an open access digital repository like ScholarWorks@ UMass Amherst or re-use or own work by attaching the SPARC author addendum to all of your future agreements with publishers.
Contribute your professional services (editing, peer review) to open access journals.
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Know Your Rights!
ARL Scholarly Publishing and Academic Resources Commission (SPARC):
http://www.arl.org/sparc
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Using Copyrighted Works
Ways to use copyrighted works:
Use works that are openly licensed or in the public domain
Apply a copyright exception (such as the fair use doctrine)
Request permission from the copyright holder
Use non-copyrightable aspects of the work—such as the “ideas” or facts in the work.
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Public Domain
A public domain work is a work that is not in copyright and which may be freely used by everyone.
The major reasons that works are not in copyright include:
(1) the term of copyright for the work has expired; (2) the creator failed to comply with required formalities to
protect the copyright; (3) the work is a work of the U.S. Government; or (4) non-copyrightable work – e.g., a list of facts; a method
or recipe.
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Copyright Slider
http://www.librarycopyright.net/digitalslider/
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The Four Factors of Fair Use
1. The purpose and character of your use
2. The nature of the copyrighted work
3. The amount and substantiality of the portion taken
4. The effect of the use upon the potential market
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Fair Use Factor #1: Purpose / Character of the Use
Transform Duplicate
Non-Profit Profit
FAIR NOT FAIR
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Fair Use Factor #1: Purpose / Character of the Use
Transformative Educational
Duplicate Commercial
Non-Profit Profit
FAIR NOT FAIR• nonprofit, educational• transformative in character
(e.g., parody)• transformative in purpose
(e.g., criticism; text mining; indexing)
• for-profit; commercial• duplicative, substitutive,
non-transformative
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Fair Use Factor #2: Nature of the Original Work
Fact Creative
Material is intended for use in education
FAIR NOT FAIR
Material is the subject of scholarly analysis
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Fair Use Factor #2: Nature of the Original Work
Factual/ Published/Out of Print
Creative, Unpublished, Commercially Available
Material is intended for use in education
FAIR NOT FAIR
Material is the subject of scholarly analysis
• Factual• Published• Out of print
• Creative/Artistic• Unpublished• Commercially
available
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Fair Use Factor #3: Amount Being Used
Small Excerpt Whole Work
“Heart of the Work”
FAIR NOT FAIR
Peripheral Portion
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Fair Use Factor #3: Amount Being Used
Less taken More taken
“Heart of the Work”
FAIR NOT FAIR
Peripheral Portion
• Small amount• No more than is needed
• Large amount• More than is needed• The “heart of the work”
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Fair Use Factor #4: Effect of Use
No Effect Replaces Purchase
Posting on Public Site
FAIR NOT FAIR
Posting behind Password
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Fair Use Factor #4: Effect of Use
No Effect Replaces Purchase
FAIR NOT FAIR
Posting behind Password
• No effect on (substitution for) on sales or possible sales or licenses
• Transformative, small portion, less likely to affect market!
• Limited access (password-protected sites) minimize effects on market.
• Substitutes for sales• Posting on public-access
websites maximizes impact on market
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Fair Use Considers all Four Factors (plus)
Purpose & Character of Use
Nature of Work
Amount Used
Effect of Use on Market
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Copyright Decision Chart
--From University of Minnesota Libraries
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Creative Commons – Licensing Layers
Legal Code: (Legalspeak “mumbo jumbo” for lawyers)
Human Readable: (Common Deed) – a readable version for the rest of us!
Machine Readable: CC Rights Expression Language (CC REL)
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Creative Commons
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Creative Commons
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Shruti by Sukanto Debnath via Flickr
Headphones by Kashirin Nickolai via Flickr
Music
Photos
YouTube and Joost by thms.nl via Flickr
Video
Sources for Creative Commons Licensed Materials
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http://search.creativecommons.org/
http://wiki.creativecommons.org/Main_Page
Sources for Creative Commons Licensed Materials
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For More Information, Contact:
Laura Quilter
Copyright & Information Policy Librarian
Scholarly Communications OfficeW.E.B. Du Bois Library