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Author’s Rights


  H. Stephen McMinn
Discussion Topic

   Your Rights as an Author
       General Rules
       NIH Rules
   Publishers Copyright Transfer Agreements
       What they contain
       What to look for
   Protecting Your Rights
       Sample Letters/Amendments
Your Rights

   What can you do with your article?
       Publish on your website
       Photocopy and pass out on street corners
       Use in your course
       Post to Subject Repositories
       Submit to Journals
       Tear up into little pieces and use for confetti
   May depend on Funding Source!
Important Rights

   To publish/distribute work in print or other
    media
   To Reproduce/Copy
   Prepare Translations or Derivative Works
   To perform or display the work publicly
   To authorize others to have any of these
    rights – ability to transfer rights
Rights
   Make copies of the work for educational use, including
    class notes, study guides or electronic reserves
   Send copies of the work to colleagues
   Present the work at conference or meeting and give
    copies of the work to attendees
   Deposit the work in an institutional or funding agency
    repository or other digital repository
   Post the work on a laboratory or institutional web site
    on a restricted network or publicly available network
Derivative Works

   Use part of the work as a basis for a future
    publication
       Use excerpts in other works such as tables from an
        article into a book chapter
       Use a different or extended version of the work for a
        future publication, dissertation, or thesis
       Use the work in a compilation of works or collected
        works
       Expand the work into a book form or book chapter
NIH Public Access Policy
The NIH Public Access Policy implements Division G, Title II, Section
  218 of PL 110-161 (Consolidated Appropriations Act, 2008). The
  law states:


The Director of the National Institutes of Health shall require that
  all investigators funded by the NIH submit or have submitted
  for them to the National Library of Medicine’s PubMed Central
  an electronic version of their final, peer-reviewed manuscripts
  upon acceptance for publication, to be made publicly available
  no later than 12 months after the official date of publication:
  Provided, That the NIH shall implement the public access
  policy in a manner consistent with copyright law
NIH Rules

   In Brief
       NIH-funded research must be made available to
        the public
       Deposit made publicly available no later than 12
        months after the official date of publication
       submit an electronic copy of their published
        articles to NIH PubMed Central
   NIH Public Access Policy @
        http://publicaccess.nih.gov/
Author’s Rights
Publishers Copyright Transfer Agreements

•   Background/Definitions/Historic
•   Questions to consider
    –   What rights are your giving up
    –   What rights are important to you
    –   How important are these rights
        •   Open access
        •   Gov Regulations
        •   Personal Preferences
•   What to look for in agreements
Definitions
   Pre-print: Manuscript as submitted by the
    author for peer review.
   Post-print: Manuscript that includes changes
    made by the author as a result of the peer
    review process.
   Final Publisher Version: The publishers’ final
    version of the manuscript and is different from
    the post-print version, due to layout, pagination,
    location of graphics, etc.
Historic Practice

   Continuing to transfer ownership of copyright
    to publishers in exchange for publication
    despite the restrictions it places on your
    works

   Therefore you would need to obtain
    permission to do all the rights you
    transferred……
Potential Legal Problems

In 2005, the Association of American Publishers (AAP)
   threatened the University of California-San Diego
   with a lawsuit over UCSD’s e-reserves program,
   which allows the posting of password-protected
   articles written by UCSD faculty for use by their
   students

“Legal battle brews over availability of texts on online reserve at
   U. of California Library” by Scott Carson. The Chronicle of
   Higher Education – April 22, 2005
Questions to Consider

•   What rights are your giving up
•   What rights are important to you
•   How important are these rights, items to consider..
    • Gov Regulations – NIH

    • University Guidelines

    • Open access

    • Personal Preferences
Interpreting Agreements

 What     to look for….
 –   Posting to websites
 –   Using in course packs
 –   Using in other works
 –   Placing in Institutional or Subject Repositories
 –   Allowed methods of sharing
 –   Permissions statement
Examples

   Elsevier
   ACS
   Oxford
    University Press
   Thieme
    Publishing



   Sherpa/Romeo
Elsevier (Green)

   On authors personal or authors institutions
    website or server
   Self-archiving of author manuscripts into a
    subject based repository (e.g. PMC, UKPMC) is
    prohibited
   Published source must be acknowledged
   Must link to journal home page or articles' DOI
Elsevier (Green)

   Publisher's version/PDF cannot be used
   Articles in some journals can be made Open
    Access on payment of additional charge
   NIH Authors articles will be submitted to PMC
    after 12 months
   Authors who are required to deposit in
    subject repositories should use Sponsorship
    Option - See note below about NIH authors
American Chemical Society (White)

   The author may post on the web the title of
    their paper, abstract (no other text), tables
    and figures on their own web site
   NIH funded authors may post articles to
    PubMed Central 12 months after publication
   May link to publisher version
Oxford University Press (Yellow)
   Pre-print can only be posted prior to acceptance, must be
    accompanied by set statement and must not be replaced with
    post-print (link to published version with amended statement)
   Publisher version cannot be used except for Nucleic Acids
    Research articles
   Published source must be acknowledged
   Must link to publisher version
   Set phrase to accompany archived copy (see policy)
   Articles in some journals can be made Open Access on
    payment of additional charge
   Publisher will deposit on behalf of NIH funded authors to
    PubMed Central
Author’s Rights
New Landscape for Authors
   Retain all of some of your Rights – 2 Options
      Retain only the Specific Rights You Need
          Right to use/copy for educational purposes
          Right to post to your website
          Right to re-use your own work in another work
     But otherwise transfer copyright to publisher
                             OR
      Retain all Rights and License Specific Rights to
       the Publisher such as right of 1st publication
Retaining Your Rights

   History
       Policies
       Faculty Senate Resolutions
   Methods
       Choosing “friendly” publishers
       Editing current agreements
       Attaching an amendment statement to existing
        agreements
Finding Friendly Publishers

   The Romeo/eprints directory provides
    information on the self-archiving policy of
    journals
       Uses a 4 Color Breakdown for Open Access
        Rights – Green (best) to White (worst)
   DOJA -- Directory of Open Access Journals
   Scholarly Communications
   Ask a Librarian
Methods to Retain Rights

   Attach an addendum to the publishing
    agreement which expressly sets forth the
    rights retained by the author.
   Strike out the parts of the agreement that you
    wish to modify
   Insert in the text of the agreement the rights
    they wish to retain.
Editing Agreement

   Insert in the text of the agreement the rights
    they wish to retain.
   The following is an example:

“If there are any elements in this manuscript for which the
    author(s) hold and want to retain copyright, please
    specify: __________________________.”
    [Physical Therapy, Journal of the American Physical
    Therapy Association]
Editing Agreement
   Strike out wording
       crossing out the specific clauses that you do not
        agree with and inserting by hand the rights you
        wish to retain.
   Review the publisher’s agreement form for….
“SIGN HERE FOR COPYRIGHT TRANSFER: I hereby
  certify that I am authorized to sign this document either
  in my own right or as an agent for my employer, and
  have made no changes to the current valid
  document. . .”
Editing Agreements
   Any changes made directly on the form
    agreement must include….
       the initials of the author and the initials of an
        authorized representative of the publisher, which
        are placed immediately adjacent to the
        handwritten or typewritten change.
       Any changes made and initialed by the author will
        have no legal effect without the approval of the
        publisher.
NIH Example

Add the following to a copyright agreement

 “Journal acknowledges that Author retains the
 right to provide a copy of the final peer-reviewed
 manuscript to the NIH upon acceptance for
 Journal publication, for public archiving in
 PubMed Central as soon as possible but no later
 than 12 months after publication by Journal.”
Amendments to Agreements

   An addendum is an attachment to a contract
    or form that modifies, clarifies, or adds to the
    contract.
   If authors attach an addendum, add the
    statement “Subject to Attached Addendum”
    next to your signature on the publisher
    copyright agreement form.
   Lots of Examples of Amendments
Amendments
   Creative Commons - The Scholar’s Copyright
    Addendum Engine
       http://scholars.sciencecommons.org/
   University of Iowa
       http://www.lib.uiowa.edu/scholarly/documents/UI_
        AuthorsAddendum.doc
   Washington University
       http://becker.wustl.edu/forms/WUaddendum-
        form.html
Q&A + Links

   Scholarly Communications LibGuide
        http://instr.iastate.libguides.com/content.php?pid=2123&sid=37895

   SHERPA RoMEO
        http://www.sherpa.ac.uk/romeo/

   DOJA - Directory of Open Access Journals
        http://www.doaj.org/

   SPARC
        http://www.arl.org/sparc/

   NIH Public Access Policy
        http://publicaccess.nih.gov
Thank You !!!

H. Stephen McMinn
   Science and Technology Division
    Reference and Instruction Department
          Iowa State University Library

 Phone: 294-4789
 E-Main: hsmcminn@iastate.edu

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Author’s Rights

  • 1. Author’s Rights H. Stephen McMinn
  • 2. Discussion Topic  Your Rights as an Author  General Rules  NIH Rules  Publishers Copyright Transfer Agreements  What they contain  What to look for  Protecting Your Rights  Sample Letters/Amendments
  • 3. Your Rights  What can you do with your article?  Publish on your website  Photocopy and pass out on street corners  Use in your course  Post to Subject Repositories  Submit to Journals  Tear up into little pieces and use for confetti  May depend on Funding Source!
  • 4. Important Rights  To publish/distribute work in print or other media  To Reproduce/Copy  Prepare Translations or Derivative Works  To perform or display the work publicly  To authorize others to have any of these rights – ability to transfer rights
  • 5. Rights  Make copies of the work for educational use, including class notes, study guides or electronic reserves  Send copies of the work to colleagues  Present the work at conference or meeting and give copies of the work to attendees  Deposit the work in an institutional or funding agency repository or other digital repository  Post the work on a laboratory or institutional web site on a restricted network or publicly available network
  • 6. Derivative Works  Use part of the work as a basis for a future publication  Use excerpts in other works such as tables from an article into a book chapter  Use a different or extended version of the work for a future publication, dissertation, or thesis  Use the work in a compilation of works or collected works  Expand the work into a book form or book chapter
  • 7. NIH Public Access Policy The NIH Public Access Policy implements Division G, Title II, Section 218 of PL 110-161 (Consolidated Appropriations Act, 2008). The law states: The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine’s PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication, to be made publicly available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law
  • 8. NIH Rules  In Brief  NIH-funded research must be made available to the public  Deposit made publicly available no later than 12 months after the official date of publication  submit an electronic copy of their published articles to NIH PubMed Central  NIH Public Access Policy @ http://publicaccess.nih.gov/
  • 10. Publishers Copyright Transfer Agreements • Background/Definitions/Historic • Questions to consider – What rights are your giving up – What rights are important to you – How important are these rights • Open access • Gov Regulations • Personal Preferences • What to look for in agreements
  • 11. Definitions  Pre-print: Manuscript as submitted by the author for peer review.  Post-print: Manuscript that includes changes made by the author as a result of the peer review process.  Final Publisher Version: The publishers’ final version of the manuscript and is different from the post-print version, due to layout, pagination, location of graphics, etc.
  • 12. Historic Practice  Continuing to transfer ownership of copyright to publishers in exchange for publication despite the restrictions it places on your works  Therefore you would need to obtain permission to do all the rights you transferred……
  • 13. Potential Legal Problems In 2005, the Association of American Publishers (AAP) threatened the University of California-San Diego with a lawsuit over UCSD’s e-reserves program, which allows the posting of password-protected articles written by UCSD faculty for use by their students “Legal battle brews over availability of texts on online reserve at U. of California Library” by Scott Carson. The Chronicle of Higher Education – April 22, 2005
  • 14. Questions to Consider • What rights are your giving up • What rights are important to you • How important are these rights, items to consider.. • Gov Regulations – NIH • University Guidelines • Open access • Personal Preferences
  • 15. Interpreting Agreements  What to look for…. – Posting to websites – Using in course packs – Using in other works – Placing in Institutional or Subject Repositories – Allowed methods of sharing – Permissions statement
  • 16. Examples  Elsevier  ACS  Oxford University Press  Thieme Publishing  Sherpa/Romeo
  • 17. Elsevier (Green)  On authors personal or authors institutions website or server  Self-archiving of author manuscripts into a subject based repository (e.g. PMC, UKPMC) is prohibited  Published source must be acknowledged  Must link to journal home page or articles' DOI
  • 18. Elsevier (Green)  Publisher's version/PDF cannot be used  Articles in some journals can be made Open Access on payment of additional charge  NIH Authors articles will be submitted to PMC after 12 months  Authors who are required to deposit in subject repositories should use Sponsorship Option - See note below about NIH authors
  • 19. American Chemical Society (White)  The author may post on the web the title of their paper, abstract (no other text), tables and figures on their own web site  NIH funded authors may post articles to PubMed Central 12 months after publication  May link to publisher version
  • 20. Oxford University Press (Yellow)  Pre-print can only be posted prior to acceptance, must be accompanied by set statement and must not be replaced with post-print (link to published version with amended statement)  Publisher version cannot be used except for Nucleic Acids Research articles  Published source must be acknowledged  Must link to publisher version  Set phrase to accompany archived copy (see policy)  Articles in some journals can be made Open Access on payment of additional charge  Publisher will deposit on behalf of NIH funded authors to PubMed Central
  • 22. New Landscape for Authors  Retain all of some of your Rights – 2 Options Retain only the Specific Rights You Need  Right to use/copy for educational purposes  Right to post to your website  Right to re-use your own work in another work But otherwise transfer copyright to publisher OR Retain all Rights and License Specific Rights to the Publisher such as right of 1st publication
  • 23. Retaining Your Rights  History  Policies  Faculty Senate Resolutions  Methods  Choosing “friendly” publishers  Editing current agreements  Attaching an amendment statement to existing agreements
  • 24. Finding Friendly Publishers  The Romeo/eprints directory provides information on the self-archiving policy of journals  Uses a 4 Color Breakdown for Open Access Rights – Green (best) to White (worst)  DOJA -- Directory of Open Access Journals  Scholarly Communications  Ask a Librarian
  • 25. Methods to Retain Rights  Attach an addendum to the publishing agreement which expressly sets forth the rights retained by the author.  Strike out the parts of the agreement that you wish to modify  Insert in the text of the agreement the rights they wish to retain.
  • 26. Editing Agreement  Insert in the text of the agreement the rights they wish to retain.  The following is an example: “If there are any elements in this manuscript for which the author(s) hold and want to retain copyright, please specify: __________________________.” [Physical Therapy, Journal of the American Physical Therapy Association]
  • 27. Editing Agreement  Strike out wording  crossing out the specific clauses that you do not agree with and inserting by hand the rights you wish to retain.  Review the publisher’s agreement form for…. “SIGN HERE FOR COPYRIGHT TRANSFER: I hereby certify that I am authorized to sign this document either in my own right or as an agent for my employer, and have made no changes to the current valid document. . .”
  • 28. Editing Agreements  Any changes made directly on the form agreement must include….  the initials of the author and the initials of an authorized representative of the publisher, which are placed immediately adjacent to the handwritten or typewritten change.  Any changes made and initialed by the author will have no legal effect without the approval of the publisher.
  • 29. NIH Example Add the following to a copyright agreement “Journal acknowledges that Author retains the right to provide a copy of the final peer-reviewed manuscript to the NIH upon acceptance for Journal publication, for public archiving in PubMed Central as soon as possible but no later than 12 months after publication by Journal.”
  • 30. Amendments to Agreements  An addendum is an attachment to a contract or form that modifies, clarifies, or adds to the contract.  If authors attach an addendum, add the statement “Subject to Attached Addendum” next to your signature on the publisher copyright agreement form.  Lots of Examples of Amendments
  • 31. Amendments  Creative Commons - The Scholar’s Copyright Addendum Engine  http://scholars.sciencecommons.org/  University of Iowa  http://www.lib.uiowa.edu/scholarly/documents/UI_ AuthorsAddendum.doc  Washington University  http://becker.wustl.edu/forms/WUaddendum- form.html
  • 32. Q&A + Links  Scholarly Communications LibGuide  http://instr.iastate.libguides.com/content.php?pid=2123&sid=37895  SHERPA RoMEO  http://www.sherpa.ac.uk/romeo/  DOJA - Directory of Open Access Journals  http://www.doaj.org/  SPARC  http://www.arl.org/sparc/  NIH Public Access Policy  http://publicaccess.nih.gov
  • 33. Thank You !!! H. Stephen McMinn Science and Technology Division Reference and Instruction Department Iowa State University Library Phone: 294-4789 E-Main: hsmcminn@iastate.edu