P bli hi A t d A th ’ Ri htPublishing Agreements and Authors’ Rights

JISC Collections 06 April 2013 | Click: View=>Header&Footer | Slide 1

Author Rights, Your Rights

Author Rights, Your Rights

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talk of today

di t h expanding access to research

relationships scholarly communication relationships scholarly communication

difference an author can make

conclusions

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expanding access research; B-declarations

3 decla ations on Open Access 3 declarations on Open Access:

– Bethesda

– Budapest

– BerlinBerlin

2 conditions to be met:

– work must be placed in an online repository by proper organisation that seeks to enable open access

– licence attached to the work allowing reuse in any digital medium for any reasonable purpose

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expanding access: Finch report

published in July 2012 published in July 2012– all recommendations

accepted by UK governmentaccepted by UK government

report tackles question how t hi b tt f tto achieve better, faster access to research

bli ti fpublications for anyone who wants to read or use themthem

support for publishing in open access or hybrid journals © Friedrich Wilhelm Kunert

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© Friedrich Wilhelm Kunert

channels for disseminating & gaining access

s bscriptions based jo rnals subscriptions-based journals– wide range of commercial & not for profit publishers

– ± 25.000 peer-reviewed journals

open access journals open access journals– charging fee (APC) to authors before article is published

– DOAJ includes 8.775 open access journals

repositories repositories– don’t act as publishers themselves

– provide access to some version of papers either before submission or at some point after being published subject to embargo period

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relationships

institution/funderfunder

copyright policymandates

accounting licences

authorLicence

Licence to publishAuthor addenda

to depositCC licences

publishersociety

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author is pivotal person who created the workp

first owner of copyright except – when a work is made for hire or made in the course of

employment

– when copyright in work is transferred to publisher

decisive momentsdecisive moments– determination of © ownership

d i i hi h i ht t k & h t i th– decision which rights to keep & how to exercise those

– choice which channel to use to publish research

• policy of funder

• policy university

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policy university

scholarly environment balance of rights

important ork done b Z olle Gro p in earl o ghties important work done by Zwolle Group in early oughties

Zwolle principlesp p– assist stakeholders to achieve maximum access to scholarship

without compromising quality or academic freedom and without p g q ydenying aspects of costs and rewards involved

– primary focus on the allocation of specific rights to various p y p gstakeholders

list of issues for agreements with publishers list of issues for agreements with publishers– http://copyright.surf.nl/copyright/zwollegroup.php

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exercising authors’ rights

rights to keep rights to keep– re-use for research & education, access for wider community, right to

d it i itdeposit in repository

author can choose to let others exploit his workp• transfer of rights;

• by means of a licence giving others permission to exploit his• by means of a licence, giving others permission to exploit his rights

exclusive or non exclusive or sole licence– exclusive or non-exclusive or sole licence

author exercises all the rights himself– Creative Commons licences

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what institutions tell their authors to do

Some historySome history1990’s first proposals copyright policies

university © owner on basis of Copyright Act university © owner on basis of Copyright Act

university would manage © academics

most proposals rejectedp p j

• too much administrative burden

• too much opposition academics

2008/2009

university licences encompassing broad rights for universities

suggestions to engage in conversations with publishers about appropriate rights management on behalf of authors

recent

growing number mandatory open access policies as in the case of Open Access it has been shown that voluntary policies have little effect

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mandates

req irement fac lt o tp t to be made a ailable in requirement faculty output to be made available in institutional or subject repository

IDOA immediate-deposit/optional access strategy• deposit immediately required but giving access is left to authordeposit immediately required but giving access is left to author

deposit mandate• requirement to deposit faculty output

permission mandate/university licence permission mandate/university licence• requirement that faculty give permission to university to make

their work availabletheir work available

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what some funders tell their authors to do

ens re that p blic in estment in research sec res the ensure that public investment in research secures the maximum economic and societal return

achieving this through immediate, unrestricted, on-line access to peer-reviewed and published scholarly research papers, free of any access charge – journal provides, via its own website, immediate and unrestricted j p , ,

access to the final published version of the paper, which should be made available using the Creative Commons Attribution (CC BY) lilicence

– journal consents to deposit of the final accepted manuscript in any it ith t t i ti i l d ithirepository, without restriction on non-commercial re-use and within a

defined period

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publishing agreements

t d li f agreements underlie process of publishing

agreements important for balance and responsibilitiesbalance and responsibilities stakeholders involved in scholarly publications

set terms & conditions for set terms & conditions for publication and accessibility

© Maagd Studentennet

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Copyright Toolbox

h kli t k dchecklist key needs author & publisher

i i f tprovisions for agreements

tailor made agreement

model agreement

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publishing in subscription journal

Licence to P blish Licence to Publish– developed by SURF/JISC

– balance between granting maximum access and financial compensation for publisher;

– no distinction pre print, post print but stipulation that published version can be disseminated;

– no delayed open access;

– embargo up to maximum of 6 monthsembargo up to maximum of 6 months

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principles of Licence to Publish

© i ith th th © remains with the author

author grants publisher a licence to exploit certain rights g p p gneeded for publishing

li i ff i di l f i i licence comes into effect immediately after communication with publisher of his willingness to publish article

author deposits definitive version of article in the form as it is published in journalpublished in journal

depositing article on a publicly accessible institutional repository is immediate after publication of article in journal

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author addenda

standardised legal instr ment standardised legal instrument

modifies publishing agreement allow retaining rights by p g g g g yauthor

signature by both parties required to be legally binding signature by both parties required to be legally binding

SPARC and Science Commons have provided a tool called the Scholar’s Copyright Addendum Engine– in addition to any right under agreement author retains right y g g g

to reproduce, distribute, publicly perform, publicly display in any medium for non-commercial purpose

– derivative works

– authorisation others to use non-commercially

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y

Digital Peer Publishing Licence

contract al basis for p blishing e doc ments contractual basis for publishing e-documents

designed for scholarly contentg y– covers aspects of authenticity, citation, bibliographic data &

metadata, permanent access & open formatsp p

modular built:– basic module & 2 extended modules

– read, access for downloading & unchanged distribution

– share & reuse published material

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author exercises rights herself

sing open content licence using open content licence

Creative Commons worldwide standard– good infrastructure

metadata and summary available– metadata and summary available

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different versions

i f l version for lawyers

version for lay people version for lay people

version for machines

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the Licences

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debat on usefulness CC licences

CC BY not appropriate for scientific jo rnal articles CC BY not appropriate for scientific journal articles– scientific journal article is intellectual product woven from ideas &

lt id & lt h ld b dresults: ideas & results should be re-used

– allowing modifications articles is unscientific

– CC licences designed for licensing artwork

– free-floating articles are unreliable: journals and repositories arefree floating articles are unreliable: journals and repositories are proper places to keep scientific articles

– open articles can be walled againopen articles can be walled again

© Andras Holl

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conclusion

disting ish legal moments distinguish legal moments

become familiar with policies of institution and funderp

decide which publishing agreement is fit for purpose depending on requirements institution, funder and possibilities publisher offers

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