Yours, Mine, Ours? Controlling Access to Scholarly Work

Angela RiggioHead of Scholarly Communication and Licensing

UCLA LibraryAll About Copyright: Everything You Should Know, And Should not Be

Afraid to Ask!CSUN, March 9, 2011

Agenda

DefinitionsOpen Access and Institutional RepositoriesAuthors and Author AgreementsNegotiation and OptionsUnpublished WorksCMS and CopyrightReal-Life Scenarios

Review: basic definitionsScholarly Communication: “the formal and informal processes through which research results and other scholarly work are disseminated to other researchers and scholars, students, policy makers and the public” – University of Washington Libraries

Intellectual Property: Creations of the mind -creative works or ideas embodied in a form that can be shared or can enable others to recreate, emulate, or manufacture them. There are four ways to protect intellectual property - patents, trademarks, copyrights or trade secrets – U.S. Patent and Trademark Office

Institutional Repositories (IRs)

aggregatepreserveprovide ubiquitous access

to the scholarly output of an institution (in digital form)

-- Deposits to IR can include: digital learning objects, essays, presentations, unpublished and published material, multi-media—any intellectual output—depending on your institution’s criteria for deposit

Defining open access (OA)

“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.” Budapest Open Access Initiative

Addendum from the Bethesda Declaration (June 2003)

“For a work to be OA, the copyright holder must consent in advance to let users ‘copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship….’”

At CSUN:

At UCLA:

Why open access?

Academic authors don’t usually get paid for scholarly output.Academic authors usually give up their copyright.Exorbitant cost of “traditional” peer-reviewed journals prevent libraries from providing access.Why not make the content free?

Access for EVERYONETimely access allows for better scholarship and research.Economic models for open-access journals are evolving and are making sense.

OA business models*

Author pays fees to gain OAInstitutional membership“Community” publishingFees gained through advertising or sponsorshipInstitutional subsidyPublisher subsidizes with hard copy salesCollaborative models (SCOAP3)“Cross financing” (publisher pays using other funds)

*from: Study of Open Access Publishing. Open Access Publishing: Models and Attributes (July 8th, 2010). At: http://edoc.mpg.de/478647

OA by color

Gold—open access provided immediatelyGreen—ability to deposit into OA repositoryPale Green—pre-print deposits into OA repository

http://www.sherpa.ac.uk/romeo/

SHERPA/RoMEO

Green—fully OA compatibleBlue—post-print or publisher’s version OKYellow—pre-print onlyWhite—no support

1984 Policy (http://scholarworks.csun.edu/xmlui/handle/10211.2/354)

“It shall be the policy of CSUN that rights to all intellectual creations of its faculty including books, works of art, computer programs and musical compositions and all other scholarly works remain the property of the respective faculty member.”

About authors

“Under copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or organization, such as a publisher.”

17 U.S.C. 101 et seq, UC Policy on Copyright Ownership, section IV

A legal and binding contract

Negotiating to keep your rights

Read your agreementDecide what rights are important to keepUse an addendum, redline, or suggest alternate wording

http://scholars.sciencecommons.org/

http://www.arl.org/sparc/bm~doc/Access-Reuse_Addendum.pdf

Author agreements: sample language

“Author retains: (i) the rights to reproduce, distribute, perform, and display the Content in any University-related or personal medium for non-commercial purposes; (ii) the right to prepare derivative works from the Content; and (iii) the right to authorize others to make any non-commercial use of the Article so long as Author receives credit as author and the Publisher in which the Content has been published is cited as the source of first publication of the Content. For example, Author may make and distribute copies in the course of teaching and research and may post the Content six (6) months following publication on personal or institutional Web sites."

Unpublished research and copyright

U.S. Copyright Law protects unpublished materialTerm is the same; life of author plus 70 years; for anonymous works, 120 years from creation

Using unpublished items

Libraries may create reference copies (for research purposes only)Any use in a work for publication requires permission of the rights holderFair use…

Course Management Systems (CMS) and copyrighted material

Consider institutional policies and recommendationsDetermine the copyright status of each item

Online tools: ALA’s digital slider tool (http://www.librarycopyright.net/digitalslider), Peter Hirtle’s Copyright Term and the Public Domain (http://copyright.cornell.edu/resources/publicdomain.cfm)

Other options: use works in the public domain or material covered by a CC license

Course Management Systems (CMS) and copyrighted material

Does the library license the work for use in CMS?Make a fair use determinationIf that determination does not weigh towards fair use, seek permission or ask students to purchase the material

Tales from the trenches…

Courtesy of the N

ational Library of S

cotland;sphotostream

Summing up

Thank you

Angela RiggioUCLA Libraryariggio@library.ucla.edu

(This presentation is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License)