Molly KeenerWake Forest University

March 20, 2014

Florida Scholarly Communication Interest Group

Author Rights:Managing Your Copyright

©

What is Copyright?

Copyright is a bundle of rights to:

Make copies

Distribute the work

Prepare derivative works

Publicly perform or display the work

License any of the above to third parties

http://commons.wikimedia.org/wiki/File:Orion_aveugl

e_cherchant_le_soleil.jpg

What do you want to do with your work?

Share with colleagues

Make it available to your students

Use parts of it yourself, in future work

Use parts of it in a Wikipedia entry

Post it to your website or to arepository

Others…

What should we do?

Manage copyright

Maintain control

Serve your own best interestsIf you give copyright away, do

it intentionally

Need-to-Know Basics

Giving Away Copyright?!

Copyright can only be transferred (“assigned”) in writing

Licensing allows specific rights to be retained: Authors keep copyright and license other rights

(e.g., first publication) Publishers take copyright and license rights back

(e.g., reproduction, derivatives)

Addenda can be added to publication agreements to negotiate rights retention

http://roselawblog.wordpress.com/2013/09/04/making-sense-

of-legalese-the-whole-agreement-clause/

Bundled vs. Unbundled

RIGHTS PUBLISHERS WANT

RIGHTS PUBLISHERS NEED

Reproduction

Distribution

Derivatives

Pretty much all of them

Right of First Publication

. . . that’s really all

Other issues can be managed

with licenses

Why is Reuse Important?

Distribution to colleagues

Teaching

Web access

Conference presentation

Republication

OA, freely accessible. . . and possibly more

If Creative Commons licensed, then license defines reuse

If published traditionally, only fair use

BY THE AUTHOR BY OTHERS

http://www.sdcef.org/Issues.aspx

Management Tools

www.sparc.arl.org/initiatives/author-rights

scholars.sciencecommons.org

Open Access Policies

“Permission Based Policy” grants the university a non-exclusive license to the work from the point of creation which *predates* any license granted to a publisher.

They invoke a license automatically from the time scholarly article is written and they apply unless the author requests a waiver.

Most institutional OA policies are ‘permission based.’

Rights Agreement Mini-Exercise

Publication Agreements

Indicators of author friendly or unfriendly contracts. The author, hereinafter referred to as “chopped liver”

Copyright transfer v. “exclusive” or “non-exclusive” licenses

What versions of the article can the author do what with? classroom use, redistribution, website posting,

repository posting, giving talks at conferences with the work

Embargoes (delayed release periods), and conditions?

If your Article is accepted for publication, you agree to grant to Journal of Librarianship and ScholarlyCommunication and its publisher worldwide first publication rights for the Article. You further agree togrant to Journal of Librarianship and Scholarly Communication and its publisher a non-exclusivelicense to publish, print, copy, transmit, display, distribute, archive, index, revise, and create newworks derived from the Article (including the right to grant sub-licenses to third parties to do all of theforegoing), for the duration of the Article’s copyright, in all languages, throughout the world, in allmedia and formats. Author agrees and acknowledges that the foregoing license creates the right, butnot an obligation, for Journal of Librarianship and Scholarly Communication or its publisher to do anyor all of the foregoing.

If your Article is accepted for publication, you also agree to license your final published Article usingthe Creative Commons Attribution license (CC-BY) (http://creativecommons.org/licenses/) , which gives

explicit permission for others to download, reuse, reprint, modify, distribute, and/or copy your work, aslong as the original source and author(s) are cited.

Students making submissions to the Journal of Librarianship and Scholarly Communication agree toshare their work and waive any privacy rights granted by FERPA or any other law, policy or regulation,with respect to this work, for the purpose of publication.

Copyright Ownership

If your Article is accepted for publication in Journal of Librarianship and Scholarly Communication, you agree to the

following terms of licensing/copyright ownership:

As described above (“Author’s Grant of Rights”), first publication rights to articles, reviews and other works is

granted to Journal of Librarianship and Scholarly Communication and its publisher but copyright for all work

published in this journal is retained by the author(s).

Works published in Journal of Librarianship and Scholarly Communication will be distributed under a Creative

Commons Attribution license (CC-BY) (http://creativecommons.org/licenses/) . Under the terms of the CC-BY

license, authors retain copyright ownership of their work, but they give explicit permission for others to

download, reuse, reprint, modify, distribute, and/or copy the work, as long as the original source and author(s)

are properly cited (i.e. a complete bibliographic citation and link to the Journal website). No permission is

required from the author(s) or the publishers for such use. According to the terms of the CC-BY license, any

reuse or redistribution must indicate the original CC-BY license terms of the work.

Exceptions to the application of the CC-BY license may be granted at the editors’ discretion if

reasonable extenuating circumstances exist. Such exceptions must be granted in writing by the editors

of the Journal; in the absence of a written exception, the CC-BY license will be applied to all published

works.

Authors may enter into separate, additional contractual agreements for the non-exclusive distribution of the

published version of the work, with an acknowledgement of its initial publication in Journal of Librarianship and

Scholarly Communication.

Authors are permitted to post their work online in institutional/disciplinary repositories or on their own websites.

Pre-print versions posted online should include a citation and link to the final published version in Journal of

Librarianship and Scholarly Communication as soon as the issue is available; post-print versions (including the

final publisher's PDF) should include a citation and link to the journal's website.

By clicking Accept you agree and consent to this Submission Agreement and the Journal’spolicies (http://jlsc-pub.org/jlsc/policies.html#rights) .

Please click Accept if you accept the policies and terms of this agreement, and continue with the next step

Submit Submission to Journal of Librarianship and Scholarly ... http://jlsc-pub.org/cgi/submit.cgi

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New Challenges & What You Can Do

Challenging the Status Quo

Public access requirements

Articles

Data

Social sharing

Academia.edu & ResearchGate

Publisher pushback

Take Home Points

1. We all own copyright automatically until we sign it away.

2. Try not to give away more than you need to.

3. Think ahead to how you might want to use your work.

4. CC licenses, addenda, and negotiation are simple steps that don’t negate peer-review.

Questions?

This work was originally created by Molly Keener for the 2009 ACRL

National Conference, Scholarly Communication 101 workshop, and

updated by Will Cross in February 2014. Slides 15-17 were originally

created by Greg Tananbaum. All slides were last updated by Molly

Keener in March 2014.

The textual elements of this work are licensed under a Creative

Commons Attribution Non-Commercial Share Alike 3.0 United States

license: http://creativecommons.org/licenses/by-nc-sa/3.0/. The visual

elements on Slides 8 and 11 are used under fair use. The visual

element on Slide 3 is in the public domain. The visual elements on

Slides 13 and 17 are used under a Creative Commons Attribution

license.