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
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
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