Transcript Copyright Issues

Copyright Issues
Pauline Simpson
Head of Information Services
Southampton Oceanography Centre
(with acknowledgement to Morag Greig, Univ Glasgow)
OdinPubAfrica Training LUC Belgium 23-24 Feb 2005
Disclaimer
• This presentation does not constitute legal
advice
• Information Managers are not Lawyers
Copyright Law
• What laws and regulations, cover copyright in your
country?
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• UK Copyright, Designs and Patents Act 1988.
• The Copyright and Related Rights Regulations 2003
SI 2003 No. 2498 –
• which implements Directive 2001/29/EC on the harmonisation of certain
aspects of copyright and related rights in the information society. Came
into force on 31 October 2003.
Scholarly Communication
• journals are the primary research publication channel
• journal publishing is dominated by commercial ventures
– A vicious circle :
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Researchers write papers for journals (free or page charges!)
Researchers transfer copyright to publishers (free)
Researchers on Editorial Boards (free)
Researchers act as Reviewers of papers
BUT
• Libraries pay huge subscriptions to publishers to access the
paper and universities pay more than once: subscription,
photocopying license and for study packs
• Or possibly cannot afford the subscription
IRs, publishers and copyright
• Publishers generally require authors to sign some sort of
‘copyright transfer agreement’ or ‘license to publish’
agreement prior to the publication of articles in journals,
books etc.
• Each publisher has their own agreement, and so the rights
that are retained will vary. Some of the rights that may be
required to sign over to the publisher are:
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The right to reuse an article as a chapter in a book
The right to revise or adapt an article
The right to distribute an article to colleagues
The right to reproduce copies of an article for teaching purposes
The right to self archive/make available an article in an online
repository
Journal publishers and copyright
• If a publisher does not permit the author to retain
these rights then an author may not do any of
these things automatically. However,
authors/librarians may be able to seek permission
from the publisher.
• Some publishers (particularly "open access"
publishers) do not require authors to sign a
copyright assignment form. Instead they ask
authors to sign a non-exclusive license to publish
and allow authors to retain copyright.
Author’s attitudes to
copyright agreements
• General lack of awareness of what they have signed
and the consequences
• Fear they will not get published if they don’t sign
• Preference for information managers to check
copyright agreements for them
• Changing attitudes - balance between informing and
dictating
• Do not want to upset the status quo
• IR deposit is a threat to Peer Review
Copyright : FAQs
• Who owns the copyright of my article?
• What rights might I be signing away to publishers?
• Am I required to sign copyright agreements as they stand? Can I make
changes to an agreement or offer an alternative agreement?
• Is a “license to publish” any different from a traditional copyright
agreement?
• How can I find out which publishers have “open” copyright agreements?
• Do publishers need copyright agreements to publish?
• Pre-prints/self-archiving ? will publishers still be willing to publish my
article if I have made a pre-print available in a subject or institutional
repository?
• If a publisher has changed its policy since my article was published does
the new policy apply retrospectively?
• Where can I find out more?
Who owns the copyright of my
article?
• Articles not yet submitted to a journal:
– currently the author retains copyright
(does your organization assert copyright in respect of
research related materials?).
• Articles that have already been published:
– in most cases the author will have signed an agreement
transferring copyright to the publisher.
• Articles published under commission or contract:
– the copyright belongs to the commissioning organization
unless an agreement has been signed retaining copyright
What rights might I be signing
away to publishers?
• This will vary depending on the agreement, but as a guide
traditional copyright agreements have not allowed
authors to:
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Reuse an article as a chapter in a book
Revise or adapt an article
Distribute an article to colleagues
Reproduce copies of an article for teaching purposes
– Self archive/make available an article in an repository
Am I required to sign copyright agreements as
they stand? Can I make changes to an
agreement or offer an alternative agreement?
• Most publishers will be willing to discuss copyright agreements
with authors. Obviously they may simply refuse to publish an
article if an author is unwilling to sign a copyright agreement as it
stands. However, publishers may be willing to accept a license
that you have amended. They may also be willing to accept an
alternative agreement.
• A number of publishers are now starting to offer "License to
publish" agreements as an alternative to "Copyright Transfer"
agreements, and often these are more liberal and may permit
authors to deposit their papers in institutional repositories.
For example:
• Licence to Publish Agreement by Wiley
License to Publish
Is a "license to publish" any different
from a traditional copyright agreement?
• In many respects such agreements are no
different.
• However, they may give authors a number of
rights which were not permitted under
previous copyright transfer agreements.
• Author retains more rights eg self archive
Copyright Transfer Form –
additional text
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Authors can add text to Copyright Forms
• "I hereby transfer to [publisher or journal] all rights to
sell or lease the text (on paper and online) of my
paper [paper title]. I retain only the right to distribute it
free for scholarly/scientific purposes, in particular the
right to self-archive it publicly online on the Web."
• Often the publisher accepts the text or returns a
‘license to publish’ form
How can I find out which publishers
have "open" copyright agreements?
• Many publishers make their copyright agreements available
on their web sites. Most agreements make it clear what
rights authors are permitted to retain. If this is not the case it
is best to contact the publisher directly.
• You can also consult the list of publishers copyright
policies and policies on self-archiving maintained by the
SHERPA Romeo database. Note that this list is not
comprehensive, and it may not include information on the
publisher you are interested in. However, it provides a useful
way of seeing at a glance which publishers have open
copyright agreements.
Publishers Copyright Policies
• Publishers Copyright policies database
http://www.sherpa.ac.uk/romeo.php
• Publishers who permit self archiving
– dynamic search
http://www.sherpa.ac.uk/romeo.php?colour=green
• Journals Copyright Policies
http://romeo.eprints.org/stats.php.
Exercise
• Who are the core publishers in Marine Science
• How many of them permit deposit of the post print (post refereed
pre journal version) in an Institutional Repository?
• Do any of them permit the journal version pdf to be deposited
• Publishers Copyright policies
http://www.sherpa.ac.uk/romeo.php
• Publishers who permit self archiving
– dynamic search
http://www.sherpa.ac.uk/romeo.php?colour=green
• Journals Copyright Policies
http://romeo.eprints.org/stats.php.
Marine Science Publishers
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Elsevier
American Meteorological Society
AGU
Taylor and Francis
Wiley
Inter Research
Royal Society
Geological Society of America
Springer
Kluwer
Learned societies?
Do publishers need copyright
agreements to publish?
• Publishers give a variety of reasons for asking
authors to assign copyright.
– Main one is copyright protection!
– Deal with reproduction permissions
• However, open access publishers do not
require authors to assign copyright so it is
possible for articles to be published without
copyright being assigned.
Open Access Journals
• The Directory of Open Access Journals
lists "free, full text, quality controlled scientific
and scholarly journals by title and by subject".
– Lund University
• http://www.doaj.org/
Exercise
• Look in Directory of Open Access Journals
http://www.doaj.org/
• Are there any marine related Open Access
Journals?
Will publishers still be willing to publish
my article if I have made it available in a
subject or institutional repository?
• This varies depending on the publisher. Many
publishers make it a condition of publication
that they will not consider any article which
has already been made publicly available.
• Some publishers specify that making a work
available in a repository constitutes "prior
publication". eg AGU
• If in doubt check with the publisher directly.
If a publisher has changed its policy since my
article was published does the new policy apply
retrospectively?
• Some publishers have changed their policies and
extended the new rights to all authors regardless of
when their papers were published. If it is unclear if
new rights are to be applied retrospectively it may
be necessary to contact the publisher to check if
this is the case.
Are there any model licenses
available that I can use?
• A number of organisations have been working
on developing model licenses. Authors are
free to use and adapt these. An example of a
sample license is available at:
• ARL/ACRL/SPARC Create Change Sample
Publication Agreement
Sample Publication Agreement
Interpreting copyright
agreements
• Lack of clarity, e.g. authors retain copyright,
but publishers still set restrictions on what
authors can do
• Does one outweigh the other?
• Personal/departmental/university sites – what
does this mean in practice?
• Publisher versions v authors’ final versions –
becoming a major issue
Interpreting copyright agreements
• It is not always obvious from a copyright
agreement, or from information on a publishers’
web site whether authors are permitted to deposit
their article in repositories or not.
• Some points to look out for:
What can be deposited?
• Pre-prints: Many publishers do permit authors to make the pre-prints version of
the article available in repositories. By this they are referring to the pre-refereed
version.
• Post Print – post refereed, pre journal version – some 65% of publishers will
allow the text of article as published to be included in institutional repositories, but
not in the form of the formatted PDF file that appears in the journal.
• Publisher PDFs : A very few publishers prefer the final journal PDF version to be
used, as this is a clear indication that an article in a repository is the bona fide
version.
• Personal or departmental web sites: Many publishers will permit authors to
make their articles available on a personal web site or on a departmental site. By
permitting this they are making a clear distinction between this type of web pages
and institutional repositories. The fact that the full text of the article can easily be
found using search engines regardless of whether it is available in
ODINPubAfrica or on a personal web site within the individual organisation
domain is immaterial.
How do I find out if I am permitted to
deposit my paper in an institutional or
subject repository?
• Check if you have a copy of the agreement
you signed.
• This may indicate whether or not you are
permitted to make your paper available in a
repository. However, some agreements do not
explicitly cover this issue. Also, if the
agreement appears to forbid deposit in a
repository bear in mind that some publishers
do change their agreement and apply this
retrospectively.
If the author does not have a copy
of the copyright agreement:
• Establish who is the publisher of the paper
• Check the SHERPA/RoMEO Publisher Policies
list (note: this list is not comprehensive)
• If the publisher is not listed details of the required
copyright agreement may be on the publishers
web site (often within the section on
“Guidelines/instructions for authors/contributors")..
• Alternatively, contact the publisher directly and
ask them
IR role in dealing with
copyright
• Advising staff on general and specific
copyright issues
• Checking publishers’ copyright agreements
before full text of articles is added to
repository
• Contacting publishers directly/liaising with
publishers where necessary (value added service for
gaining content)
Copyright checking process
• Check SHERPA/RoMEO list
• Check publisher web site
• Contact publisher directly to seek permission
if situation is unclear or no information about
authors’ rights are provided
• Full text therefore added in good faith
Populating repositories v
copyright agreements?
• Sticking strictly to the letter of the law can
make it very difficult to populate repositories
• Element of ‘risk’ involved in populating a
repository
Summary
• For material which has not been submitted for publication, there are
no restrictions. Copyright rests with the author(s): there are no
barriers to self-archiving.
• For material ready for publication, there is an increasing willingness
among journal publishers to permit self-archiving. About 70%
already state explicitly that self-archiving of the post refereed, prejournal version, for non-commercial purposes is acceptable. Some
14% will allow the preprint, the pre-refereed version to be self
archived. The majority of the remainder will agree to self-archiving if
that is requested by the author.
• A database of publishers and their policies on self-archiving is
available from http://romeo.sherpa.ac.uk. A second with individual
journal title information at http://romeo.eprints.org/stats.php.
Intellectual Property Rights
• Property that derives from the work of the mind or intellect;
An idea, invention, trade secret, process, program, data,
formula, patent, copyright, or trademark or application, right,
or registration relating thereto
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Intellectual property, very broadly, means the legal rights which result from intellectual activity in the
industrial, scientific, literary and artistic fields. Countries have laws to protect intellectual property for
two main reasons. One is to give statutory expression to the moral and economic rights of creators in
their creations and the rights of the public in access to those creations. The second is to promote, as a
deliberate act of Government policy, creativity and the dissemination and application of its results and
to encourage fair trading which would contribute to economic and social development.
Generally speaking, intellectual property law aims at safeguarding creators and other producers of
intellectual goods and services by granting them certain time-limited rights to control the use made of
those productions. Those rights do not apply to the physical object in which the creation may be
embodied but instead to the intellectual creation as such. Intellectual property is traditionally divided
into two branches, “industrial property” and “copyright.”
Intellectual Property Rights
• Necessary to make authors aware that
deposit of a pre or post print in a repository
may undermine IPR (in the institutional repository
constitutes the public domain)
• Deposit Agreement signed by authors for
ODINPubAfrica, must include this warning
Use Agreement
• Essential policy document
• Helpful in advocacy
– Some organizations write their own
– Most are now evaluating the Creative Commons
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http://creativecommons.org
many countries using it as a basis for their own.
eg. Creative Commons Worldwide : International
Commons United Kingdom
http://creativecommons.org/worldwide/uk/
– South Africa http://creativecommons.org/worldwide/za
/
Conclusions
• Constantly changing landscape, so need to be
aware of changing policies for deposit
• Need to work with authors to get them to keep
their own copy of the final version of their articles
• Authors need to be persuaded to consider more
carefully the copyright agreements they sign and
in addition to talk to their publishers about
retaining rights. (Organization policy?)
Exercise
• Evaluate
The Creative Commons
http://creativecommons.org
as a User Agreement for ODINPubAfrica