Open Access 101 Philip Young Gail McMillan University Libraries, Virginia Tech Oct. 16, 2012
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Transcript Open Access 101 Philip Young Gail McMillan University Libraries, Virginia Tech Oct. 16, 2012
Open Access 101
Philip Young
Gail McMillan
University Libraries, Virginia Tech
Oct. 16, 2012
Introduction to Open Access
Philip Young
University Libraries
Scholarly Communication
1.
2.
3.
Do research, write article
Give publisher free content, free peer
review, free editorial services
Buy back content
1. 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 royaltygenerating works
Not a way to bypass peer review
Not an assertion that publishing is costfree
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 all
You control license
Citations
Statistics
Preservation
All 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”
Predatory Publishers
Scholarly Open Access blog
http://scholarlyoa.com/
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
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
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 Instruction
Pt. 2 of Open Access 101
http://scholar.lib.vt.edu/copyright/
Gail McMillan
[email protected]
Digital Library and Archives, University Libraries, Virginia Tech
Oct. 16, 2012
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 the Internet/worldwide 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 Myth
It's OK--it's for educational purposes.
Before using someone
else's work without
permission, weigh ALL
4 FACTORS
Tools to help:
- VT Fair Use Analyzer
http://etd.vt.edu/fairuse/analyzer/
- Fair Use Evaluator (ALA)
http://librarycopyright.net/resources/fairus
e/
1. Purpose and
character of use
2. Nature of the
work
3. Amount,
substantiality
4. Effect
1. Purpose and character of use
Commercial or educational use
Profit or not
Transformative, value added
Criticism, commentary, news reporting,
teaching, scholarship, research
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
Quantity
Quality
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)
– Statement of 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
Let’s see what happens w/Google.
Authors’ Guild v. HathiTrust
October 10, 2012, District Court Judge Baer
Scanning, digitizing, full-text searching, digital
libraries, preservation, access
– Authors’ Guild: shouldn’t be allowed
– Judge Baer: Fair use
• Preservation, text search, and accessibility for
the visually impaired
• Transformative value
Orphan works?
Copyright re Libraries: Sect. 108
Ground Rules
Preservation copying
Photocopy Services: Copies for private study
ILL: copies for InterLibrary Loan
– No commercial purpose
– Open to outsiders
– Notice on copies
http://www.ill.vt.edu/Copyrightinformation.htm
Reserve Services: copies for students in a course
http://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 allowed
DISTANCE 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 Homepage
http://scholar.lib.vt.edu/copyright/
Library Copyright Policies
http://scholar.lib.vt.edu/copyright/cpolicies.html
Fair Use
http://scholar.lib.vt.edu/copyright/doesntsa.html#fairuse
Copyright and ETDs
http://scholar.lib.vt.edu/copyright/cprtetd.html
Request Permission: Sample letter
http://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 Office
http://lcweb.loc.gov/copyright/
Legal Information Institute (Cornell)
http://www4.law.cornell.edu/uscode/17/
Stanford University Libraries
http://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 Access
VTechWorks http://vtechworks.lib.vt.edu
Library Open Access page
http://www.lib.vt.edu/openaccess/
Institutional memberships
Subvention fund
OA-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 101
Philip Young
[email protected]
(540) 231-8845
Gail McMillan
[email protected]
(540) 231-9252