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Institutional e-print Repositories and IPR
experience from the SHERPA Project
Bill HubbardSHERPA Project Manager
University of Nottingham
Institutional e-print Repositories
e-Prints as research outputs hold different subjects part of institutional information service long-term existence . . . implications of these choices for IPR
SHERPA -
Securing a Hybrid Environment for Research Preservation and Access
funding: JISC (FAIR programme) and CURL duration: 3 years, November 2002 – November 2005 http://www.sherpa.ac.uk
SHERPA
development partner institutions– Nottingham (lead), Edinburgh, Glasgow, Oxford, Leeds,
Sheffield, York; the British Library and AHDS
associate partner institutions– Birkbeck College, Birmingham, Bristol, Cambridge, Durham,
Imperial College, Kings College, Newcastle, Royal Holloway, School of Oriental and African Studies, University College London
Repositories, IPR and Copyright
copyright ownership of articles rights required for deposition into an archive rights required for preservation of material
Tracking ownership
awareness and advice for academics handling copyright and publication retention of rights
– modification– back-licence– negotiation– alternative journals
Copyright Transfer Agreements
transfer of copyright or non-exclusive licence terminology - pre-print and post-print terminology - author’s own web-page? “can be mounted on the web - but not disseminated”!
RoMEO Project
– rights issues related to open access– http://www.lboro.ac.uk/departments/ls/
disresearch/romeo/
– RoMEO list of publisher’s agreements
SHERPA/RoMEO list
http://www.sherpa.ac.uk modified and extended searchable accepts updates and suggestions can be used as basis for searches embedded into
web-services, i.e.– http://www.sherpa.ac.uk/romeo.php?search=nature
SHERPA/RoMEO list - analysis
search for publisher’s name pre-print / post-print / pre- and post-print archiving conditions on archiving restrictions on archiving link to publisher’s Copyright Transfer Agreement form
where available link to publisher’s home-page
search
result
list
Colour-categories
statistics
Copyright in the deposition process
reduce barriers to deposition to a minimum provide answers wherever possible provide assistance elsewhere
Deposit Licences
formal contract between the depositor and repository reassurance that the repository does not take away
rights in the work gives repository permission to hold and manage the
eprint reduces institutional liability for legal transgressions
within the eprint establishes restrictions on further use of the article makes clear the rights and obligations of both sides
Open access and open access - 1
Budapest Open Access Initiative February 14, 2002"By "open access" to this literature, we mean its free availability on the public internet, permitting any users to read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself. The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited."
Open access and open access - 2
Excerpt from Haworth Press CTA“LIMITED COPYRIGHT TRANSFER: In consideration for publication and dissemination of our work, if accepted and published by the journal noted on the Limited Copyright Transfer Form, the Author(s) agree to transfer copyright of the Work to The Haworth Press, Inc., including full and exclusive rights to publication in all media now known or later developed, including but not limited to electronic databases and microfilm/microform, electronic journal format, anthologies of any kind, single-copy distribution through a distribution system, and as part of any aggregate (i.e., multiple journals distributed together as a package) print or electronic subscription or publication of any kind, and in any format now known or later developed with exceptions and limitations noted in AUTHOR RE-USE OF WORK listed above in paragraph #1.”
Open access and open access - 3
(cont. - paragraph 1)“. . .retain PREPRINT DISTRIBUTION RIGHTS, including posting as electronic files on the contributor’s own Web site for personal or professional use, or on the contributor’s internal university/corporate intranet or network, or other external Web site at the contributor’s university or institution, but not for either commercial (for-profit) or systematic third party sales or dissemination, by which is meant any interlibrary loan or document delivery systems. The contributor may update the preprint with the final version of the article after review and revision by the journal’s editor(s) and/or editorial/peer-review board; . .”
Copyright ownership
who is legally responsible for the article - the copyright holder
establishes the copyright holder, or an agent with that power, gave permission for article to be mounted
establishes who the repository should contact in future if needed
Rights to cover
copyright ownership the right of the depositor to deposit the e-print the rights maintained by the depositor over the work the permissions needed for preservation and
continued access recognition of the conditions under which an article is
removed
Copyright and preservation
needs to cover migration to new forms copying and transmitting for preservation purposes other actions to preserve access does the right to use a publisher’s .pdf gave
permission for this to be migrated?
Long term issues
not be under any obligation to take legal action on behalf of Depositor or copyright holder in the event of the breech of IPR or any other right
not be under any obligation to display the eprint in the same format or resolution as originally deposited
not be under any obligation to retain linkage to other materials
Retention periods
conditions under which eprint may be withdrawn need to establish preservation strategies when research is falsified, illegal, libellous when research is dangerous, embarrassing,
moribund? some reservation of rights for professional reasons
Metadata
metadata should be kept in perpetuity mainly created by submission process bibliographic detail keywords the abstract - sometimes the abstract is very
specifically claimed by the journal
repositories set up in each partner institution test papers being added negotiations with publishers discussions on preservation of eprints work on IPR and deposit licences advocacy campaigns sharing experiences and material
SHERPA - progress
http://www.sherpa.ac.uk