Introduction to Author's Rights

Introduction to Author’s RightsMicah Vandegrift Scholarly Communications Librarian mvandegrift@fsu.edu

You own what you create.

Your intellectual property matters.

idea

research• data

manuscript

rights assignment

peer review

editing

publication

d i s s em i n a t

i o n

preservation

reformulation

The long and short of it:Read and save what you sign.

The library can help.

|copyright or patent

Rights – Licenses – Transfer - Permissions

works for hire

scholarly articles v. thesis/dissertation|

Points of interest

|Basic ©opyright|

= =

ü≠ Ñ≠

♬

“the work”

Copyright provides the default rules regarding the ownership and use of creative works. These can be changed or altered by private agreements – contracts – between parties. Copyright is actually a bundle of rights, not one right. You (the author) have full ownership in the object from the time it is permanently fixed in a tangible form.

=to reproduce the work in copies (e.g., as photocopies or online),

to distribute copies of the work;

to prepare translations and other derivative works;

to perform or display the work publicly;

to authorize others to exercise any of these rights.

|Bundle of Copyright(s)|

ü≠

♬

“the work”

You own what you create.

“the work”

|©|

“the work”

Traditional Scholarly Publishing

> >

“journal”

||

“transfer agreement”

> $

“publisher”

The Exclusive rights of the author are transferred to the publisher. In return they license some rights back. Permissions must be sought to use the work the author created and gifted to the publisher.

||

= =

ü≠ Ñ≠

♬

Traditional scholarly publishing limits the rights of the author, and the utility of their work.

The only necessary piece the publisher needs?

“License to publish.”

$

“publisher”

Here, Wiley will fully own the work and graciously returns some rights to the author. Ok, but not the best case scenario.

||

“transfer agreement”

You own what you create.

Contracts are negotiable.

“the work”

÷

“copyright addenda”

The good news? All contracts are negotiable. (Google “SPARC Addendum”).

|copyright or patent

Rights – Licenses – Transfer - Permissions

works for hire

scholarly articles v. thesis/dissertation|

“Works for hire” – scholarly works (Articles, books, creative scholarship) are most often exempted from being considered works for hire. Online resources, syllabi, test materials and more, referred to as “University Sponsored Educational Materials,” are claimed as works for hire, meaning the University owns the copyright. Bottom line: Read your contract and know what the intellectual property guidelines are at your institution.

A brief note:

Your intellectual property matters.

Consideration of future uses is key.

“the work”

You own what you create.

“the work”

Personal usePromotional literature;Presentation at a conference.

Future reuseReuse in future publications and other projects e.g. a dissertation;Expanding into book form;Adaptation.

PreservationLong term accessibility;Depositing in a searchable archive.

Protection of Intellectual Property Rights Right to be named as the author on the work;Maintain the integrity of the work;Protection against plagiarism;Protection against unlawful copying;Protection against infringement.

Publication and disseminationSharing with peers Self publishing (posting on own web site or departmental web site);Posting to an institutional or national digital repository;Republishing.

Educational/instructional usesAny teaching or tutoring including lecturing or class room use;Course packs;Distance teaching and learning;E-learning environment e.g. intranet site or VLE restricted to registered students or sub-groups thereof.

Research UsesUse in authors’ research;Sharing with peers in non-commercial research network.

Potential future uses that may be impinged upon.“the work” Information from JISC “Listing of Elementary Rights.”

the benefits

• Greater visibility/usability for scholarly work

• Potential for greater (measureable) impact

• Quicker dissemination and evaluation

• Managed organization of your publication record

• Participation in evolving methods of scholarship

• Library as partner• Public access to new knowledge • Increased profile (prestige) of the

institution• Potential cross/trans/inter-

disciplinary collaboration• Participation in evolving methods

of scholarship

for the author for the community

Questions? – mvandegrift@fsu.edu

Search:“SPARC”“FSU guides open access”“hacking the academy”“cost of knowledge”createchange.orgCreative Commons

• Negotiating Copyright Transfer Agreements – U of Oregon

• JISC Copyright Toolbox• Copyright and Author’s

Rights – Kevin Smith (OASIS)

• Scholarly Communications Librarian on campus!

Resources: