Transcript Slide 1
Your Rights as a Scholarly Author:
Negotiation and Strategy
Copyright on Campus video
http://www.copyright.com/content/cc3/en/toolbar/
education/resources/copyright_on_campus.html
VU’s Copyright Policy
Policy currently under review; new policy will be
vetted by Faculty Senate in Fall 2012
VU’s Guide to Copyright
http://libguides.valpo.edu/copyrightinformation
Includes link to Campus Copyright Rights and
Responsibilities: A Basic Guide to Policy
Considerations
Today’s Objectives
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Rick Anderson’s presentation
Authors’ Rights / Joint Authorship
Exclusive Rights of Copyright
Owners
Negotiations with Publishers
Resources and Tools for Faculty
Authors
Using Creative Commons
Licenses
Questions and Discussion
Unsustainability of current scholarly
publishing model
• You/university provide salary, time,
equipment, etc. for your research
• You/university give this research away for
free to publisher
– In print environment, for peer review and
costs associated with print production of
journal
– In electronic environment, for peer review
and electronic access to content
• Publisher then charges university/library
to get access to your research, which has
already been paid for
• Publisher raises costs for access to this
research on a yearly basis, well above the
CPI, and depending on type of access.
Disclaimer
I am not an attorney, and cannot offer
legal advice.
The following information is presented to
educate about copyright law and
institutional policy in general terms. If
you are unclear about your options when
confronted with a specific legal issue
related to copyright, you are urged to
consult with an attorney with a
background in copyright law.
Author Defined
Under copyright law, the creator of the
original expression in a work is its
author. The author is also the owner of
copyright unless and until there is a
written agreement by which the author
assigns the copyright to another person
or organization, such as a publisher.
Joint Authors
A joint work is a work prepared by
two or more individuals, with the
intention that their separate
contributions be merged into a single
work.
Under copyright law, absent an
agreement to the contrary, jointly
created works are owned by the
authors jointly and equally. If you
and your co-authors see things
differently, you should detail the
difference in writing, and all coauthors should sign it.
Exclusive Rights of the Copyright
Holder, aka the “Bundle of Rights”
Make copies of the work
Make derivative works based on
the original work
Distribute the work
Perform the work publicly
Display the work in a commercial
setting
The copyright owner may license
some or all of these rights to
others.
Transferring Copyrights
• Copyrights can be bought, sold, willed
to others, or given away. A transfer of
the copyright or an exclusive grant or
license to use the work is a transaction
that must be conveyed in writing.
• This happens to some degree every
time you sign a publishing agreement.
The Digital Revolution
changed everything*
*except the copyright law
Copyright controls “copying” and
“copies” of creative expression
Every use in digital environment
creates a “copy”
Every use potentially implicated or
controlled by copyright
The law is simple, but our digital
world is complex.
Did You Know…
If you sign over your copyright you
could be required to ask
permission…
To post your own work on your
website
To contribute your own work to
your university’s institutional
repository
To digitally archive your own work
To share your own work with
others
To allow others to use your own
work
Negotiating with Publishers
If your work is accepted for publication, you will be
presented with a Publishing Agreement or Author’s
Agreement to sign.
Some agreements will reference other documents, such as
an “Author’s Rights” statement on the publisher’s
website, which provide more detail on the rights the
publisher grants to authors.
Read these agreements carefully and consider your
options before you sign. Like any contract, an author’s
agreement is open to negotiation. Many authors have
retained some or all of their copyrights by altering the
agreement before signing. The only right that a publisher
really needs from you is the “right of first publication.”
The library is very willing to go over any author’s
agreement with you and determine what rights are
guaranteed and what rights you need to negotiate for.
You are not guaranteed to succeed, but publishers are
increasingly willing to accommodate author requests to
modify the Author’s agreement.
The terms of every author’s
agreement are not standard
throughout the publishing industry
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Though many other large publishers offer
similar exceptions, every publisher’s
Author’s agreement and Author’s Rights
statement will vary.
Some publishers have different Author’s
Rights for different journal titles
Many publishers demand full transfer of
copyright, and then assign certain rights back
to the authors.
Some allow authors to retain copyright fully.
Read the agreement carefully and decide if its
terms are appropriate for you – if not, ask for
what you want.
Tools that can help
A few websites can help you find the
language you need within your author
agreements
The SPARC Author Addendum
http://www.arl.org/sparc/author/addendum.shtml
The Science Commons Addendum Engine
http://scholars.sciencecommons.org/
http://www.sherpa.ac.uk/romeo
http://creativecommons.org/choose/
What You CAN Do
• Retain Your Copyright
• Discuss Authors’ Rights with your colleagues
and the library
• Negotiate with Publishers to retain control
over scholarly communication. Your library
liaison and/or the Dean of Library Services
will work with you on this
• Deposit a copy of your article into Valparaiso
University’s institutional repository,
ValpoScholar, http://scholar.valpo.edu/
• Even better, publish through ValpoScholar.
• Free your work (exactly as much as you like)
through a Creative Commons license
Key VU Library Contacts
• Dr. Brad Eden
[email protected]
• Jon Bull
[email protected]
Questions??
Thanks for your time!