CRICOS No. 000213J a university for the world real R Managing the legal issues: practical steps for handling copyright, IP and other legal issues Kylie

CRICOS No. 000213Ja university for the worldrealR

Managing the legal issues: practical steps for handling copyright, IP and other legal issues

Kylie Pappalardo

Research Officer

OAK Law Project

Queensland University of Technology

[email protected]


A Guide to Developing Open Access Through Your Digital Repository

• OAK Law Project• Published in September

2007• Available online at

http://www.oaklaw.qut.edu.au

• Licensed under an Australian Creative Commons BY-NC-SA 2.5 Licence


Step 1: Repository Deposit Licence

• the depositor warrants that they are the copyright owner of the submission or have permission from the copyright owner to deposit the submission in the repository

• the depositor grants to the repository the necessary rights to store the submission and to make in available online for end-users to access and reuse

Repository Deposit LicenceAuthor /

Copyright Owner

Repository


Example: QUT ePrints

• For work being deposited by its own author: In self-archiving this collection of files and associated bibliographic metadata, I grant QUT ePrints a permanent non-exclusive licence to store them and to make them permanently available publicly for free on-line. I declare that I have the authority to grant this right.

• For work being deposited by someone other than its author: I declare that I have the authority to act on behalf of the author of this work in archiving this collection of files and associated bibliographic metadata; and that the author grants QUT ePrints a permanent non-exclusive licence to store them and to make them permanently available publicly for free on-line; and that I am satisfied that the author has the authority to grant this licence.


Step 2: End-User Licence

• Grants end-users rights of access to material in the repository

• Requires an end-user to warrant that they will not deal with the material in a way that goes beyond the rights granted by the depositor in the Repository Deposit Licence

End-UserEnd User Licence

Repository Deposit Licence

Author / Copyright Owner

Repository


Creative Commons Licence

A licence which allows open access to material but which may impose restrictions on how that material is used:-Non-Commercial- No Derivatives- Share Alike

Repository Deposit LicenceAuthor /

Copyright Owner

Repository

Creative Commons

Licence

End-User


Example: QUT ePrints


• Authors need to think about:– What uses they want to allow end-users to make of

their work, and therefore, which rights they want to grant to end-users;

– What conditions or restrictions (if any) they want to impose upon that grant;

– Whether they already have the right to grant such a licence to end-users or whether they need to seek permission; and

– How they want to go about granting these rights


Summary: Author Survey

The Issues…• There is a lack of understanding by authors about legal rights and

copyright in particular• Many authors sign publishing agreements without understanding

them• Many authors do not understand the difference between assigning

and licensing copyright• There is a lack of emphasis on the importance of open access and

depositing work in institutional repositories• Authors are not asking publishers the right questions• Authors are not confident in their dealings with publishers and

publishing agreements


Retaining legal rights

• Failing to appreciate the importance of negotiating legal rights, means that authors may be giving away the rights and opportunities to:

– Share their work freely with others– Reproduce their own work in subsequent works (collection of

writings, thesis etc)– Use their own work in their teaching– Make their work available online in a repository or on their own

website


If an author has assigned copyright…

• They will need to seek permission from their publisher to use or reproduce their own work…and they may even be required to pay a licence fee


Summary: Author Survey

What do authors want?


Our response

• The OAK Law Project has developed a series of tools and guides to respond to the concerns of authors and to assist institutions in supporting their authors:

– Understanding Open Access in the Academic Environment: A Guide for Authors Kylie

– Copyright toolkit

– OAK List Anthony

– Sample Publishing Agreement (licence to publish)Scott


Understanding Open Access in the Academic Environment: A Guide for Authors

• OAK Law Project• Published in June 2008• Available online at:


• Licensed under an Australian Creative Commons BY-NC-SA 2.5 Licence


Author Guide

• Aims to provide practical guidance for academic authors interest in making their work more openly available to readers and other researchers

• Considers the legal issues in the open access environment:• Intellectual property – primarily copyright• Contract – publishing agreements

• Focus on strategic management of legal rights


Author Guide

• Explains:– What is Open Access?

• Institutional repositories• Open Access Journals

– Funding bodies and their role in the OA movement– What do publishers think about OA?– The basics of copyright law– Using copyright law to enable open access– Granting rights to end-users

• Creative Commons Licences


Purpose

• Explain the fundamentals of copyright law so that authors have a better understanding

• Set out the advantages of open access and institutional repositories for authors at a personal level

• Promote understanding of funding body policies, institutional open access policies and publishing agreements

• Empower authors to negotiate their legal rights while still retaining a positive relationship with their publisher


Chapter 9: What are your options?

• Making an informed decision• Approaching your publisher• What can you do about older works in which you have

already assigned copyright?• (how do you find out whether you have assigned copyright?)

• Publishing Agreements– Amending an agreement yourself– Using sample publishing agreements– Using sample clauses (http://copyrighttoolbox.surf.nl)– Using author addenda


Copyright Toolkit for Academic Authors

• Designed to:

– Assist authors in understanding the copyright issues surrounding their work;

– Help authors to clarify what legal interests all the different parties – the author, their co-authors, their funding body, their institution and their publisher – have in their work;


Copyright Toolkit for Academic Authors

• Designed to:

– Provide a clear picture of the flow of rights and interests in a work as it travels from conception to publication to dissemination

– Assist authors in making key decisions about how to deal with copyright in their work so that they retain the rights they want for future use


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Questions?


• To access these resources and for more information, visit our website:


• For hard copies, email me at:

[email protected]

Documents

CRICOS No. 000213J a university for the world real R Managing the legal issues: practical steps for handling copyright, IP and other legal issues Kylie