Open Access and Your Publications: What's Copyright Got to Do with It?

Open Access and Your

Publications:What’s Copyright Got to Do With It?

Presented by:

ALA Editions Workshop

October 24, 2012

Kenneth D. CrewsDirector, Copyright Advisory Office

Columbia University Libraries

www.copyright.columbia.edu

Welcome to Open Access Week!

http://www.openaccessweek.org/

What is Open Access?

Peter Suber’s definition begins:

“Open-access (OA) literature is

digital, online, free of charge, and free

of most copyright and licensing

restrictions.”

Focus Today: Unrestricted Access

◦ Restrictions from Law

◦ Restrictions from Agreement

http://www.earlham.edu/~peters/fos/overview.ht

m

Why are We Here?

The subject is Scholarship

The construct is Copyright

Premise: Scholarly Works are

Protected by Copyright

◦ Few Exceptions

◦ No Requirements of Registration or

Notice

Scholarly Works Use Copyrights

◦ E.g., Embedded Works in Articles and

Books

From the Library Perspective

Copyright Establishes Control

◦ Legal Rights of Control

◦ Owner of those Rights

◦ Duration of the Rights (a loooong time!)

Control is Manifested in Licenses

◦ Acquisition of Databases

◦ Purchase of Audiovisual Works

◦ “Ownership” of E-Books

From the Library Perspective

Copyright Directly Affects:

◦ Collection Development

◦ Library Services for Research & Teaching

◦ Library Services for Visually Impaired

Print Impaired

Aurally Impaired

◦ Preservation Initiatives

◦ Digital Library Development

From the Author Perspective

Copyright Establishes Control

Copyright Gives You Choices

◦ Where and When to Publish

◦ Terms of any Publication Agreement

◦ Support for Library Services

◦ Support for User Access

From the Author Perspective

Copyright Directly Affects:

◦ Ability of Readers to Find Your Work

◦ Citation Rate and Impact Factor

◦ Posting to Your Own Website

◦ Contribution to Your Digital Repository

E.g., Academic Commons at Columbia

University

◦ Use in Teaching

◦ Building Your Research Agenda

Instruments of Control

Assertion and Stewardship of

Copyright

◦ Creative Commons

Assignments and Transfers

Publication Agreements

Acquisition Licenses

Lifecycle of a Scholarly Work

Author/Researcher

Funding

Employer

Publisher

Database

Library

$

$

$

©

$

$

$

Lifecycle of a Scholarly Work

Author/Researcher

Funding

Employer

Publisher

Database

Library

$

$

$

©

$

$

$

Where is the

Public?

Control at Each Node

Funding Source

Employer

Author

Publisher

Database

Library

Publication Requirements

Open Access Mandate

Terms of Employment

Terms of Transfer or License

Terms of Acquisition

Questions?

Coming up Soon…

More about Copyright Ownership

Examples of Publication Agreements

Copyright and Control

The Law Grants Rights

◦ Reproduction of the Work

◦ Distribution of Copies

◦ Making of Derivative Works

◦ Public Displays and Performances

Copyright and Control

Transfers of Control:

◦ Nonexclusive Licenses

Do Not have to be in Writing

But writing is a Good Idea

◦ Exclusive Licenses & Transfers

Must be in Writing

Must be signed by Transferor

The Author

General Rule:

◦ Author is the Initial Holder of the

Copyright

Exceptions:

◦ Prior Arrangement with Funding Sources

◦ Transferred Copyrights

◦ Works Made for Hire

The Employer

U.S. Government?

◦ Public Domain

Private Employer

◦ Likely “For Hire”

◦ Unless otherwise Agreed (Written &

Signed!)

◦ (Whether corporation or person)

What about University or College…?

Academic Employer

General Rule: Same Rules!

However, University Policies:

◦ Often place Copyright or Control with

Authors

◦ Unless “Substantial Resources”

◦ Unless a “University Work”

Practical Effect:

◦ Faculty Authors Make the Decisions

The Author’s Decisions

Choose the Journal

Accept the Offer of Publication

Read and Study the Agreement

Raise Questions

Ask for Changes – Negotiate!

Accept or Reject Final Offer

Keep Copies of all Agreements and

Emails

Publication Agreements

Author Concerns

◦ Publication

◦ Dissemination

◦ Educational or instructional uses

◦ Research uses

◦ Personal use

◦ Future reuse

◦ Preservation

◦ Protection of rights

Publisher

Concerns

◦ Publication and

dissemination

◦ Reuse

◦ Preservation

◦ Protection of rights

◦ Financial

◦ Special uses

Publication Agreements

Copyright Assignment

Copyright License

Author’s Reserved Rights

Version of the Work for Author’s Use

Public Access Posting

Representations and Warranties

Reversion of Rights

SPARC Author Addendum

Retains Rights for Author:

To use the article in connection with

the Author’s

teaching, conferences, scholarship, an

d more

Post and disseminate the article from

a website

Pre-contract right to deposit with

institution’s or funder’s repository

Publication Agreements

Watch out for Transfers:

The Author “hereby assigns [to

Publisher] all rights under copyright

that may exist in and to” the work.

Be sure to Ask for:

Retention of rights for

teaching, research, and more.

Publication Agreements

Another Transfer:

“Author hereby grants and assigns to

[Publisher] the sole, transferable right

to

reproduce, publish, distribute, transmit

, make available or otherwise

communicate to the public, publicly

perform, archive, store, lease or lend

and sell the Contribution….”

Publication Agreements

Is a License Really Better?

“Authors grant to [Publisher] the

exclusive license . . . to

publish, reproduce, distribute, display

and store the Contribution in all

forms, formats and media whether

now known or hereafter developed . .

.”

Publication Agreements

Nonexclusive Licenses are Better:

“I hereby grant [to Publisher] a non-

exclusive license to publish the

above referenced manuscript . . . and

any accompanying

tables, illustrations, data and any other

supplemental information intended for

publication in all forms and all media .

. . throughout the world . . .”

Publication Agreements

Most Hazardous: Work Made for Hire

“The Author acknowledges that the Work was specially commissioned by the Publisher and intended as an instructional text and agrees that the Work shall be considered a work-made-for-hire, with the Publisher deemed the sole owner thereof for copyright purposes.”

Publication Agreements

Perhaps Most Important:

◦ Explicit Rights of Use

◦ Posting to Website and Repository

◦ Sharing with Colleagues

◦ Use in Teaching

◦ Creation of New Works and Publications

◦ Advancing Knowledge and Scholarship

Why Care?

Integral to Scholarship

Copyright Decisions affect Quality

Copyright Decisions affect Access

Copyright Decisions affect Impact

Copyright and Your Future Work

◦ Expansion of Your Research Agenda

◦ Reuse of Works in Your Academic Career

Keep All Options Open

Select Your Publisher with Care

◦ Director of Open Access Journal

◦ www.doaj.org

Review and Negotiate

Consider Creative Commons

◦ www.creativecommons.org

Add an Addendum

Keep a Copy of All Agreements!

Action by the Community

Educate and Inform Colleagues

Develop Information Resources

Help Colleagues Understand Choices

Share Ideas and Strategies

Adopt Open Access Policies

Support Open Access Publishing

Implement Creative Commons

Thank You!

Kenneth D. Crews

Copyright Advisory Office

Columbia University Libraries

www.copyright.columbia.edu

www.twitter.com/kcrews

Next Workshop:Tuesday, December 4“Libraries, Copyright, and the World”