Protecting Your Scholarship: Copyrights, Publication Agreements, and Open Access Harvard University Office for Scholarly Communication May 11, 2009 Kenneth D. Crews, J.D., Ph.D. Director, Copyright Advisory Office Lecturer, Columbia Law School Columbia University www.copyright.columbia.edu
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Protecting Your Scholarship: Copyrights, Publication Agreements, and Open Access Harvard University Office for Scholarly Communication May 11, 2009 Kenneth.
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Protecting Your Scholarship:Copyrights, Publication Agreements,
and Open Access
Harvard UniversityOffice for Scholarly Communication
May 11, 2009
Kenneth D. Crews, J.D., Ph.D.Director, Copyright Advisory OfficeLecturer, Columbia Law SchoolColumbia Universitywww.copyright.columbia.edu
Some Modest Goals
• Advancing Your Scholarship• Promoting Access to Publications• Preserving Academic Freedom• Expanding the Classroom• Supporting Research Worldwide• Building the Next Generation of Research• Reducing Costs and Barriers
The Public Interest
• Definition according to Peter Suber:
• “Open-access (OA) literature is digital, online, free of charge, and free of most copyright and licensing restrictions.”
Why Right Now?
• Harvard Resolution (2008)• Pre-Licensed to the University• Open Access in Repository• Opt-Out with Permission• NIH Public Access Policy (2008)• Final Manuscript to PubMed Central• 12-Month Embargo
What Could Go Wrong?
• Limited Access/Limited Impact• Loss of Rights• Control of Your Scholarship• Missed Opportunities• Future Reuse of Your Works• Misuse of Your Works• Uses Not on Your Terms
Why Right Now? (Redux)
• Congressional Bills• Undo the NIH Policy• Anticircumvention (DMCA)• Controlled Access and Terms of Use• Google Books Settlement• Tight Control and Limited Usefulness• “Other People’s Copyrights”
The Copyright Context, I
• Principle: Everything Is Protected (Almost)
• Original Works of Authorship
• Fixed in a Tangible Medium of Expression
• Automatic Protection
• Examples: Writings; Art; Music; Video; Software; More.
• Excluded: US Gov‘t Works; Ideas; Facts.
The Copyright Context, II
• Principle: Copyright is a Set of Rights• Reproduction• Distribution to the Public• Derivatives• Public Performance and Display• DMCA Rights• Rights are Divisible
Additional Rights?
• Right to Manage
• When and How to Publish
• Right to Transfer or License
• Publication Decisions
• Permissions to Use
The Copyright Context, III
• Principle: Someone is the Copyright Owner
• Basic Rule: The Creator of the Original Work is the Initial Owner
• Works Made for Hire: Employer Owns the Copyright
• Copyrights are Transferable
• Transferable in Whole or in Part
Transfers of Copyright
• Transfers vs. Licensing
• Transfer: Must be in Writing
• Exclusive vs. Non-Exclusive
• Exclusive: Must be in Writing
• Entire Copyright vs. Portion of Rights
Works Made for Hire
• Version 1:• Employee• Acting within the Scope of Employment• Version 2:• Independent Contractor• Certain Commissioned Works• Signed Agreement
Copyright and Your Scholarship
• Scholarship and Copyright• Who is the Copyright Owner?• Author or WMFH? Policy? Agreement?• Publication Agreement• Transfer or License? Retained Rights?• Future Use of Your Work• By You? By Others?
The Changing Context
• Digital Technology holds the potential for making more scholarship easily available.
• Digital Technology also holds the potential for controlling access.
• The growth of scholarship comes from access to existing works.
• The impact of our scholarship depends on access to our works.
“The Author shall at any time have the right to make, or to authorize others to make, a preprint or a final published version of the Article available in digital form over the Internet, including, but not limited to, a website under the control of the Author or the Author’s employer or through digital repositories including, but not limited to, those maintained by scholarly societies, funding agencies, or the Author’s employer.”
Publication Agreement:Academic Activities of the Author
“The Author shall, without limitation, have the right to use the Article in any form or format in connection with the Author’s teaching, conference presentations, lectures, other scholarly works, and for all of Author’s academic and professional activities.”
Publication Agreement:Filling the Gaps
• License vs. Transfer
• Author’s Name and Affiliation
• Translations, Abstracts, Adaptations
• Creative Commons on Publicated Journal
• Later Publication by Author
• Citation to Original Journal Publication
Do You Still Own the Copyright?
• Yes. . . Unless No. . .• “Access” is an exercise of your privilege as
copyright owner to make works available to wide readership.
• But:• Copyright ownership was already the problem.• Transfers of copyrights to publishers = loss of
control; restrictions on access
Tough Questions about Access
• Will Colleagues Respect OA Journals?
• Is OA Compatible with Peer Review?
• How do I Manage my Copyrights?
• How do I Read and Negotiate Agreements?
• Who Pays the Costs of Publication?
• What about Sales and Economic Survival?
Better Agreements
• Select “Friendly” Publishers
• Encourage Publishers and Editors
• Negotiate Publication Agreements
• Keep Copies of Your Agreements
• Deposit Publications with Appropriate Repositories
Three Things to Remember
• You have Choices about Management and Access to Your Work
• Be a Good Steward of Your IP: When to Keep--When to Share.
• Read, Negotiate, and Keep a Copy
New York Times, 1976
Thank You!
Kenneth D. Crews, J.D., Ph.D.www.copyright.columbia.edu