1. Open Access and Your
Publications:
What’s Copyright Got to Do With It?
Presented by:
ALA Editions Workshop
October 24, 2012
Kenneth D. Crews
Director, Copyright Advisory Office
Columbia University Libraries
www.copyright.columbia.edu

2. Welcome to Open Access Week!
http://www.openaccessweek.org/

3. What is Open Access?
 Peter Suber’s definition begins:
 “Open-access (OA) literature is
digital, online, free of charge, and free
of most copyright and licensing
restrictions.”
 Focus Today: Unrestricted Access
◦ Restrictions from Law
◦ Restrictions from Agreement
http://www.earlham.edu/~peters/fos/overview.ht
m

4. Why are We Here?
 The subject is Scholarship
 The construct is Copyright
 Premise: Scholarly Works are
Protected by Copyright
◦ Few Exceptions
◦ No Requirements of Registration or
Notice
 Scholarly Works Use Copyrights
◦ E.g., Embedded Works in Articles and
Books

5. From the Library Perspective
 Copyright Establishes Control
◦ Legal Rights of Control
◦ Owner of those Rights
◦ Duration of the Rights (a loooong time!)
 Control is Manifested in Licenses
◦ Acquisition of Databases
◦ Purchase of Audiovisual Works
◦ “Ownership” of E-Books

6. From the Library Perspective
 Copyright Directly Affects:
◦ Collection Development
◦ Library Services for Research & Teaching
◦ Library Services for Visually Impaired
 Print Impaired
 Aurally Impaired
◦ Preservation Initiatives
◦ Digital Library Development

7. From the Author Perspective
 Copyright Establishes Control
 Copyright Gives You Choices
◦ Where and When to Publish
◦ Terms of any Publication Agreement
◦ Support for Library Services
◦ Support for User Access

8. From the Author Perspective
 Copyright Directly Affects:
◦ Ability of Readers to Find Your Work
◦ Citation Rate and Impact Factor
◦ Posting to Your Own Website
◦ Contribution to Your Digital Repository
 E.g., Academic Commons at Columbia
University
◦ Use in Teaching
◦ Building Your Research Agenda

9. Instruments of Control
 Assertion and Stewardship of
Copyright
◦ Creative Commons
 Assignments and Transfers
 Publication Agreements
 Acquisition Licenses

10. Lifecycle of a Scholarly Work
Publisher
Funding
© $
$
$
Author/Researcher
Database
$
$
Employer
$
Library

11. Lifecycle of a Scholarly Work
Where is the
Public? Publisher
Funding
© $
$
$
Author/Researcher
Database
$
$
Employer
$
Library

12. Control at Each Node
 Funding Source
 Employer  Publication
 Author Requirements
 Open Access
 Publisher
Mandate
 Database  Terms of
 Library Employment
 Terms of Transfer or
License
 Terms of Acquisition

13. Questions?
Coming up Soon…
More about Copyright Ownership
Examples of Publication Agreements

14. Copyright and Control
 The Law Grants Rights
◦ Reproduction of the Work
◦ Distribution of Copies
◦ Making of Derivative Works
◦ Public Displays and Performances

15. Copyright and Control
 Transfers of Control:
◦ Nonexclusive Licenses
 Do Not have to be in Writing
 But writing is a Good Idea
◦ Exclusive Licenses & Transfers
 Must be in Writing
 Must be signed by Transferor

16. The Author
 General Rule:
◦ Author is the Initial Holder of the
Copyright
 Exceptions:
◦ Prior Arrangement with Funding Sources
◦ Transferred Copyrights
◦ Works Made for Hire

17. The Employer
 U.S. Government?
◦ Public Domain
 Private Employer
◦ Likely “For Hire”
◦ Unless otherwise Agreed (Written &
Signed!)
◦ (Whether corporation or person)
 What about University or College…?

18. Academic Employer
 General Rule: Same Rules!
 However, University Policies:
◦ Often place Copyright or Control with
Authors
◦ Unless “Substantial Resources”
◦ Unless a “University Work”
 Practical Effect:
◦ Faculty Authors Make the Decisions

19. The Author’s Decisions
 Choose the Journal
 Accept the Offer of Publication
 Read and Study the Agreement
 Raise Questions
 Ask for Changes – Negotiate!
 Accept or Reject Final Offer
 Keep Copies of all Agreements and
Emails

20. Publication Agreements
 Author Concerns
◦ Publication
◦ Dissemination  Publisher
◦ Educational or Concerns
instructional uses
◦ Research uses ◦ Publication and
◦ Personal use dissemination
◦ Future reuse ◦ Reuse
◦ Preservation ◦ Preservation
◦ Protection of rights
◦ Protection of rights
◦ Financial
◦ Special uses

21. Publication Agreements
 Copyright Assignment
 Copyright License
 Author’s Reserved Rights
 Version of the Work for Author’s Use
 Public Access Posting
 Representations and Warranties
 Reversion of Rights

22. SPARC Author Addendum
Retains Rights for Author:
 To use the article in connection with
the Author’s
teaching, conferences, scholarship, an
d more
 Post and disseminate the article from
a website
 Pre-contract right to deposit with
institution’s or funder’s repository

23. Publication Agreements
Watch out for Transfers:
 The Author “hereby assigns [to
Publisher] all rights under copyright
that may exist in and to” the work.
Be sure to Ask for:
 Retention of rights for
teaching, research, and more.

24. Publication Agreements
Another Transfer:
 “Author hereby grants and assigns to
[Publisher] the sole, transferable right
to
reproduce, publish, distribute, transmit
, make available or otherwise
communicate to the public, publicly
perform, archive, store, lease or lend
and sell the Contribution….”

25. Publication Agreements
Is a License Really Better?
 “Authors grant to [Publisher] the
exclusive license . . . to
publish, reproduce, distribute, display
and store the Contribution in all
forms, formats and media whether
now known or hereafter developed . .
.”

26. Publication Agreements
Nonexclusive Licenses are Better:
 “I hereby grant [to Publisher] a non-
exclusive license to publish the
above referenced manuscript . . . and
any accompanying
tables, illustrations, data and any other
supplemental information intended for
publication in all forms and all media .
. . throughout the world . . .”

27. Publication Agreements
Most Hazardous: Work Made for Hire
 “The Author acknowledges that the
Work was specially commissioned
by the Publisher and intended as an
instructional text and agrees that the
Work shall be considered a work-
made-for-hire, with the Publisher
deemed the sole owner thereof for
copyright purposes.”

28. Publication Agreements
 Perhaps Most Important:
◦ Explicit Rights of Use
◦ Posting to Website and Repository
◦ Sharing with Colleagues
◦ Use in Teaching
◦ Creation of New Works and Publications
◦ Advancing Knowledge and Scholarship

29. Why Care?
 Integral to Scholarship
 Copyright Decisions affect Quality
 Copyright Decisions affect Access
 Copyright Decisions affect Impact
 Copyright and Your Future Work
◦ Expansion of Your Research Agenda
◦ Reuse of Works in Your Academic Career

30. Keep All Options Open
 Select Your Publisher with Care
◦ Director of Open Access Journal
◦ www.doaj.org
 Review and Negotiate
 Consider Creative Commons
◦ www.creativecommons.org
 Add an Addendum
 Keep a Copy of All Agreements!

31. Action by the Community
 Educate and Inform Colleagues
 Develop Information Resources
 Help Colleagues Understand Choices
 Share Ideas and Strategies
 Adopt Open Access Policies
 Support Open Access Publishing
 Implement Creative Commons

32. Thank You!
Kenneth D. Crews
Copyright Advisory Office
Columbia University Libraries
www.copyright.columbia.edu
www.twitter.com/kcrews
Next Workshop:
Tuesday, December 4
“Libraries, Copyright, and the
World”