Embed Size (px)
Citation preview
Open Access &Copyright 101
Philip Young Gail McMillanUniversity Libraries, Virginia Tech
February 6, 2013
Introduction to Open Access
Philip Young
University Libraries
Scholarly Communication
1. Do research, write article
2. Give publisher free content, free peer review, free editorial services
3. Buy back content1. With many potential readers excluded
2. With lost control over our own work
3. At high prices and 8% annual inflation
Who are we excluding?
Colleagues Scholars in the developing world Virginia taxpayers Students who graduate
What control are we losing?
Ownership Finer control over permissions Ability to use in teaching
What are the costs?
Monopoly market Prices rise faster than CPI Large publishers are among the most
profitable businesses in the world Journals take up more of library
budgets, less money for monograph purchases
What is Open Access?
“…digital, online, free of charge, and free of most copyright and licensing restrictions” -Peter Suber
The Internet + Permissions
Advantages of Openness
Scholarly information is a public good Increase in “visibility, retrievability,
audience, usage, and citations” Text and data mining Research integrity Unforeseen benefits Scales with growth in research
Misunderstandings
Not intended for patentable or royalty-generating works
Not a way to bypass peer review Not an assertion that publishing is cost-
free Not all open access means publishing in
an open access journal, or paying a publication fee
Two Roads to Open Access
Self-archiving (Green OA)– Depositing a pre-print or post-print in your
university or disciplinary repository
(e.g. VTechWorks or arXiv)
OA publishing (Gold OA)– Publishing an article in an open access journal
(e.g. PLoS)
Self-archiving (Green OA)
Benefits:Access for allYou control licenseCitationsStatisticsPreservationAll of your work in one place
Self-archiving (Green OA)
Problems: Voluntary efforts don’t scale Not the version of record Usually requires journal permission
– Read contract– Check SHERPA-RoMEO for publisher policies http://www.sherpa.ac.uk/romeo/
Self-archiving (Green OA)
Self-archiving (Green OA)If not explicitly permitted:
OA publishing (Gold OA)
Benefits: Access for all Version of record Greater visibility/citations Some use CC licensing Directory of Open Access Journals (doaj.org)
OA publishing (Gold OA)
Altmetrics
OA publishing (Gold OA)
Problems: Often not highest prestige Publishing fees (30% of OA journals) “Predatory publishers”
A few criteria
Assess website, TOC, articles, editorial board
DOAJ, digital preservation Red flags: multiple journals launched at
once, irregular publishing, lack of focus, few articles published, high fees
OASPA members: http://oaspa.org/membership/members/
Virginia Tech Mission Statement
Virginia Polytechnic Institute and State University is a public land-grant university serving the Commonwealth of Virginia, the nation, and the world community. The discovery and dissemination of new knowledge are central to its mission. Through its focus on teaching and learning, research and discovery, and outreach and engagement, the university creates, conveys, and applies knowledge to expand personal growth and opportunity, advance social and community development, foster economic competitiveness, and improve the quality of life.
Library Services at Virginia Tech
Institutional memberships that reduce publication charges (PLoS, BMC, etc.)
Subvention fund for those without a grant Hosting open access journals VTechWorks for archiving articles, data,
etc. Consulting on publishing agreements Assisting with digital projects (Port)
What you can do
Archive your articles, data, presentations, syllabi, reports, white papers in VTechWorks
Read contracts and use addenda to gain self-archiving rights
Publish in an open access journal Start an open access journal Consider a departmental, college, or university-
wide policy on article archiving Apply for publication funding and spread the
word about the library’s OA fund
Gratis and Libre
Gratis OA removes price barrier– But permission needed to exceed Fair Use
Libre OA removes price and permissions barriers– Determined by author or journal
OA journal licensing chart
Licensing
Licensing
How open is it?
Copyright in Scholarship and InstructionPt. 2 of Open Access 101
http://scholar.lib.vt.edu/copyright/
Gail McMillan [email protected] for Digital Research and Scholarship, University Libraries, Virginia Tech
Feb. 6, 2013
U.S. Constitution Article I Section 8 Clause 8
[The Congress shall have power] "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
Copyright Law: U.S. Code, Title 17 Section 102: Original authorship stabilized
– when fixed in a tangible medium of expression
Section 106: Exclusive rights of creators
Limitations to exclusive rights Section 107: Fair use Section 108: Library services Section 110: Instruction--TEACH Act
http://scholar.lib.vt.edu/copyright/
Who owns the copyright? Creators of original works Creators' assignees Employers: works for hire
Explicit, e.g., job description Is the work we do owned by Virginia Tech?
VT Policy 13000 2 groupings of policy creations
– Traditional results of academic scholarship– Novel results of research, e.g. products, processes,
machines, software, biological technology, etc. Intellectual properties in the first (traditional) group are
considered to make their full contribution to the university's benefit by their creation and by continued use by the university in teaching, further development, and enhancement of the university's academic stature– The presumption of ownership is to the author--unless there
is explicit evidence that the work was specifically commissioned by the university
– The IP rights remain with the author and the university rights are limited to free (no cost) use in teaching, research, extension, etc. in perpetuity.
Copyright holders control
Reproduction Modification Distribution Public performance Public display
EXCEPT…
Permission or license to use a copyrighted work is NOT required if
Public domain– Does not mean publicly accessible Internet/Web – Intellectual property not owned or controlled by anyone
• US government documents• It’s well aged: http://www.unc.edu/~unclng/public-d.ht
– 70 years after the creator passed on– 95 years after the work-for-hire was published, or– 120 years after the creation of the work-for-hire
Fair Use TEACH Act
Fair Use MythIt's OK--it's for educational purposes.
1. Purpose and character of use
2. Nature of the work
3. Amount and substantiality
4. Effect
Before using someone else's work without permission, weigh ALL 4 FACTORS
Tools to help:- VT Fair Use Analyzerhttp://etd.vt.edu/fairuse/analyzer/
- Fair Use Evaluator (ALA)http://librarycopyright.net/resources/fairuse/
1. Purpose and character of use
Commercial or educational use Profit or not Criticism, commentary, news reporting,
teaching, scholarship, research Transformative, value added
FAIR USE 1 of 4
2. Nature of the copyrighted work Worthy of (extensive) protection?
Not a quality judgment. Can it legally be protected by copyright?
Character of the work? – Fact or fiction
• Published facts weigh in favor of fair use• Unpublished original expressions weigh in favor of
seeking permission
FAIR USE 2 of 4
3. Amount and Substantiality
Use only what is necessary In relation to whole work
QuantityQuality
FAIR USE 3 of 4
4. Effect
Will your use reduce the value of the original work?Harm to the market
Real or potential
FAIR USE 4 of 4
Fair use: weigh each factor
Tools to help VT Fair Use Analyzer Fair Use Evaluator
Did the scales tip in favor of fair use? If not
– Modify your use– Use library services: Title 17 U.S.C. Sec. 108
Reserves Why not use Scholar?
– Ask for permission
After you’ve checked
Sherpa RoMEO – publisher copyright & self-archiving policies– http://www.sherpa.ac.uk/romeo/
Copyright permission services
Copyright Clearance Center– http://copyright.com
Association of American Publishers– http:// www.publishers.org
You asked but they never responded. You don’t have permission.
Orphan Works Good faith, diligent, unsuccessful search US Copyright Office report (2006-01)
http://www.copyright.gov/orphan/orphanreport.pdf
The “Orphan Works” Problem (2008-03-13)– Marybeth Peters, Register of Copyrights, to House
Subcommittee on Courts, the Internet, and Intellectual Property
http://www.copyright.gov/docs/regstat031308.html
Legislation, amendments, no vote. Assume it’s copyrighted HathiTrust
Copyright re Libraries: Sect. 108 Ground Rules
– No commercial purpose– Open to outsiders– Notice on copies
Preservation copying Photocopy Services: Copies for private study ILL: copies for InterLibrary Loan
http://www.ill.vt.edu/Copyrightinformation.htm
Reserve Services: copies for students in a coursehttp://www.lib.vt.edu/services/circ-reserve/copyright.html
Copyright for Instruction
USC Title 17 Section 110– Limitations of certain performances and
displays – Face-to-face classroom settings
Broadened by TEACH Act (Nov. 2, 2002)– Technology Education And Copyright
Harmonization– Must have an institutional copyright policy
TEACH Act
Fair use standards in online education environment
Modified existing copyright law for – Accredited nonprofit educational institutions– Mediated instruction– Integral part of class session– Limited to enrolled students– Accurately informed about copyright compliance– Reasonably prevent
Retention beyond course Unauthorized further dissemination
TEACH Act: Works allowedDISTANCE LEARNING CLASS IS THE SAME AS IN THE CLASSROOM
Show entire nondramatic literary works– News, poetry, speech– Show entire nondramatic musical works
Everything else in reasonable and limited portions– Plays, movies, operas, TV shows,
choreography
TEACH Act--You must not use
Works marketed primarily for distance education
Unlawfully made or acquired copies Materials meant for additional study outside
of class– eReserve, Reserve, Scholar (i.e., CMS)
TEACH Act--You must
Transmit as an integral part of class session – Regular part of systematic, mediated instruction
Use copyrighted materials only when directly related to the lesson
Limit access to students enrolled in the course Have an institutional copyright policy & inform
students about it Block further dissemination
Copyright Resources from VT DLA Copyright Homepagehttp://scholar.lib.vt.edu/copyright/ Library Copyright Policieshttp://scholar.lib.vt.edu/copyright/cpolicies.html Fair Usehttp://scholar.lib.vt.edu/copyright/doesntsa.html#fairuse Copyright and ETDshttp://scholar.lib.vt.edu/copyright/cprtetd.html Request Permission: Sample letterhttp://etd.vt.edu/howto/permission.html Publishers copyright & self archiving policies
http://www.sherpa.ac.uk/romeo/
Copyright Resources Copyright Advisory Office, Columbia
http://copyright.columbia.edu/copyright/
Crash Course in Copyright (UTAustin)http://www.utsystem.edu/OGC/IntellectualProperty/cprtindx.htm
Library of Congress, Copyright Officehttp://lcweb.loc.gov/copyright/
Legal Information Institute (Cornell)http://www4.law.cornell.edu/uscode/17/
Stanford University Librarieshttp://fairuse.stanford.edu
WIPO Study on Copyright Limitations and Exceptions for Libraries and Archives (Crews, 2008-2-26)http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=109192
TEACH Act Toolkit (NC State)http://www.provost.ncsu.edu/copyright/toolkit/
Resources for Open AccessVTechWorks http://vtechworks.lib.vt.edu Library Open Access page http://www.lib.vt.edu/openaccess/
Institutional membershipsSubvention fundOA-related courses and awareness
Directory of Open Access Journals http://www.doaj.org Publisher archiving policies http://www.sherpa.ac.uk/romeo/ Copyright addendum engine http://scholars.sciencecommons.org/ Creative Commons http://creativecommons.org/licenses/ List of quality OA publishers http://oaspa.org/membership/members/ List of predatory publishers http://scholarlyoa.com
Open Access & Copyright 101
Philip Young Gail McMillan
[email protected] [email protected](540) 231-8845 (540) 231-9252
