Copyright & your research

Claire StewartDirector, Center for Scholarly Communication & Digital Curation

Head, Digital Collections departmentNorthwestern University Library

Research Resources Forum 2013

My name is Claire

I am not a lawyer 

I am a librarian, I study copyright

Digital Collections department

Free digitization services & equipment for faculty/grad 2East, University Library, 8:30-5, M-F

Center for Scholarly Communication & Digital Curation

Publishing, copyright and digital archiving support

What copyrights will you control?

What is copyright?  

What are your options for managing and sharing your work?

How do you know when you can use someone else's work?  

A bit about data and open access...

What are your questions, concerns?

A tale of three author agreements

Co-authored monograph

First edition: All rights, and the right to grant these rights to others were signed over to the publisher (copyright assignment).

Second edition: retained copyright, exclusively licensed printing and distribution rights

Co-authored article in peer reviewed journal

My (our) choice: copyright license or copyright assignment  License: I keep my copyright, allow the Association to print, distribute my article

Assignment: I give all my rights over to the Association in perpetuity

Single author article in peer reviewed journal

My choice: copyright license or copyright assignment  License: I keep my copyright but give Association exclusive right to print, distribute & exercise all of my other rights

Why do we agree to these terms?

What is copyright?

• What qualifies for protection and when?

• What are these "copy" "rights" ?

• How long do they last?

• Limitations and exceptions

What qualifies and when?

• Copyright protects expression, not ideas

• Factual information does not qualify: originality required.

• Must be fixed in some medium

• As soon as it's fixed, it is protected by a copyright

Categories of protected works

From U.S. copyright law, section 102

What are these “copy” “rights”?

Exclusive rights to … In plan English

Reproduce Make copies

Distribute Sell, give away at conferences, give to your students, make available for downloading on your web site

Create derivative works Make new work from an existing work, screenplay from novel, new presentation based on an old presentation, translation

Display the work publicly Hang a painting in a gallery

Perform the work publicly Theatrical performance, musical performance

Perform a digital audio transmission Stream your music online

In case you have insomnia: full text of U.S. copyright law

A few other things to remember• Copyright lasts for life of the author + 70 years

(but it was not always thus – see Peter Hirtle’s chart ... rules have changed over the years). Anonymous works: 120 years from creation.

• If you create it, you own the copyright. You do not have to include a notice or register your copyright, but registration brings benefits. (U.S. Copyright Office help ... here again, rules have changed over the years)

• Foreign works receive the same protection in the U.S. as works published here. (as long as there are copyright treaty relations)

• You can unbundle your rights, you can transfer your rights. You can share copyright: works of joint authorship

• Works for hire: things you produce as part of your regular employment

Northwestern's copyright policy"the members of the Northwestern University Academic Community

shall own in their individual capacity the copyright to all copyrightable works they create at the University resulting from their research,

teaching, artistic creativity, or writing."     • Required to make best effort to grant NU a license to use the material for

"reasonable academic or research purposes of the University"

• Stronger claim for instructional materials, University retains right to use

• Specific rules about software, patent-related copyrights, things in which the university has invested extraordinary resources

• Classifies administrative documents as works for hire 

http://www.invo.northwestern.edu/policies/copyright-policy

(back to U.S. Copyright Law)

Selected limitations and exceptions 

• Only the first sale of a copy is under copyright holder's control (109)• Digital first sale?• Works created outside U.S.?

• Exception for classroom teaching (110)

• Exceptions for libraries to make copies (108)• 108 spinner

• Fair use (107)

First sale

Kirtsaeng v Wiley

U.S. Supreme Court, March 13, 2013

Key point: what does ‘legally made under this title’ mean?

(Stephen Colbert on the Kirtsaeng case)

Fair use, four factors

• Nature of the usefor profit or non? educational use? Criticism?

• Nature of the workhighly creative? published or unpublished?

• Amount and substantiality of the usethe heart of the work? the entire work?

• Market effectdisplacing sales?

Beyond the factors: TRANSFORMATIVENESS

“Where Cariou’s serene and deliberately composed portraits and landscape photographs depict the natural beauty of Rastafarians and their surrounding environs, Prince’s crude and jarring works, on the other hand, are hectic and provocative.”

Cariou v Prince. 2013. United States Court of Appeals for the Second Circuit.

What are the rules about incorporating works created by others?1. Is it still under copyright?

if yes then...

2. Does an exception (fair use?) apply?

if no, then ... you need to request permission

Nightmare scenario: you discover right before publication that your publisher won't include that photo in your book without a signed copyright agreement form ... what do you do?

Need to request permission? Visit ‘Obtaining Copyright Permissions’

a guide from the University of Michigan Library

Sometimes silly things happen…

Mappa Mundi, ca. 1430

Using OPS (other people’s stuff) in your dissertation

http://dissertations.umi.com/northwestern/

ProQuest provides a list of things for which they like to see permissions:• Very long quotations• Reproduced publications

(survey instruments, journal articles, etc.)

• Unpublished works• Substantial chunks of

o Poetry & lyricso Dialogue from dramatic worko Musico Graphical works

• Software developed by someone else

Using OPS (other people’s stuff) in your article or book

Will depend on the publisher! Read the instructions to authors

• Publishing in JLA is considered a commercial activity

• “As an author, you are required to secure permission to reproduce any proprietary material, including text. However it is the custom and practice in academic publishing that short extracts of text (excluding, we emphasize, poetry and song lyrics) may be reproduced without formal permission…”

• T&F has a different standard for text excerpts vs. photos, video stills, graphs, etc:

“Do I need permission to use very old paintings? Yes, you should get permission from the artist and the owner.”

Taylor & Francis Author Services: Seeking Permission

Your rights in your dissertation

Standard agreement with ProQuest is a license

Your rights to your work: what do you want to be able to do with it?

• Let prospective students and collaborators find and read your articles?

• Post your articles to your professional web site?

• Put them in a disciplinary repository (SSRN, PubMedCentral)?

• Let someone use it in data-mining?

• If your publisher decides not to reprint your book, can you reclaim the rights and put it up online for free? (reversion)

Authors agreements: terms you may encounter

• Transfer of all rights in perpetuity• Exclusive license of certain of your rights• License of certain rights on a nonexclusive basis • Self-archiving restrictions*

o only the pre-peer review copy o you have to wait X months before you can use the

publisher PDFo only if mandated by the institution (Harvard OA mandate)

or a funder (NIH, for example) • You can participate in our open access program if you pay

an additional author fee

*self-archiving: posting your work on your web page or depositing it in an institutional or a disciplinary repository

Making sense of it all, alternatives, substitutions, etc.

• Creative Commons licenses• Open Access• SHERPA/RoMEO • Author addenda: CIC, SPARC

Creative Commons licenses

Complements copyright; pick a CC license that exactly fits your needs: As long as there is attribution to me (BY), my work can be used for Non Commercial purposes (NC), and derivative works are OK as long as the new work is also shared (Share Alike or SA) = CC-BY-NC-SA

 

-Peter Suberhttp://www.earlham.edu/~peters/fos/brief.htm

Why?There are implications to putting research behind paywalls

“This journal provides immediate open access to its content on the principle that making

research freely available to the public supports a greater global exchange of knowledge.”

How do you get to OA?

• Publish in an OA journal* • Publish in a non-OA journal, pay

to participate in publisher’s hybrid open program*• Publish in a non-OA journal, but retain/exercise right

to post your work openly online– On your web site– In a disciplinary repository– In an institutional repository (NU’s coming soon)

*OA is not always free to authors! Some OA journals and almost all hybrid OA programs collect Article Processing Charges (APC), though they may waive them for authors who don’t have grants

KNOW YOUR PUBLISHER

American Historical Review

 

American Political Science Review

 

Author addenda

• CIC Author Addendumhttp://www.northwestern.edu/provost/about/announcements/cic.html o Unanimously adopted by CIC provosts in 2006, endorsed by Northwestern

Facultyo Key features:

Author has non-exclusive rights to his/her work for academic purposes After 6 months, can make full use of publisher's copy Author has right to grant employing institution rights of reproduction,

distribution, display, etc.

• Other addenda:o Scholarly Publishing & Academic Resources Coalition (SPARC)o Science Commons addendum generatoro Directory of addenda, Open Access Directory

What about data?

Is it protected by copyright?

What happens when literature becomes data?

Web of Science: citation flow by field over time

Google Books ngram viewer: mapping phrase occurrence over time

Data and data sharing: rules and norms are different

 

Emerging policy area

Mandates from NSF, NIH, NEH-ODH: now expect a Data Management Plan (DMP)

Promote data preservation and sharing

New White House directive, February 2013, requiring public access plans from all agencies

disbursing $100M or more, publications AND data

(what is data?)

Data sharing (& safekeeping) options• At Northwestern

• Your school, department • Vault (NUIT)• Institutional repository (NUL) under

development• NU’s research data ownership poli

cy• Disciplinary repositories

• ICPSR (Poli Sci)• SSRN (Social sciences)• OpenContext (Arch)• Open Access Directory (OAD)

• Other• Google

Dataset Publishing Language • Insert_your_solution (DropBox,

Box.net, Amazon, CrashPlan, etc.)• figshare

Evans, T. (2012). Collaboration Profiling in UK Higher Education.http://figshare.com/articles/Collaboration_Profiling_in_UK_Higher_Education/95973

Final bits of advice• Get in the habit of putting a copyright statement

(Copyright © 2013, Claire Stewart) on your work, or, even better, a Creative Commons license (or both)

• You control your copyright, don't hesitate to ask for terms that will let you keep the rights you want 

• Keep copies of authors agreements/contracts

• If you plan to use someone else's work in your work, document where you got your copy, when you got it, and the rights as you understand them

• Give some thought to organization of content ahead of time

• Keep your data safe: make. lots. of. copies.

You will probably forget everything I've

just talked about

 The only thing you

need to remember is...

My name is Claire

I am here to help

Come find me when you have questions about copyright, authors rights, open access...

you'll find me in 2East

Digital Collections & the Center for Scholarly Communication and Digital Curationcscdc.northwestern.edu

 claire-stewart@northwestern.edu 

gchat&AIM: claireystew 

Photo creditsSlide: Center for Scholarly Communication & Digital Curationknow your rights (http://www.flickr.com/photos/keoshi/1336264417/) / Filipe Varela (http://www.flickr.com/photos/keoshi/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)

Slide: Why do we agree…? Frustration (http://www.flickr.com/photos/14511253@N04/4411497087/) / Andrew Mccluskey (http://www.flickr.com/photos/14511253@N04/) / CC BY 2.0 (http://creativecommons.org/licenses/by/2.0/)

Slide: What is copyright?Large copyright sign made of jigsaw puzzle pieces (http://www.flickr.com/photos/horiavarlan/4839454263/lightbox/) / Horia Varlan (http://www.flickr.com/photos/horiavarlan/) / http://creativecommons.org/licenses/by/2.0/ (http://creativecommons.org/licenses/by/2.0/) Slide: What qualifies and when?Writing (http://www.flickr.com/photos/anotherphotograph/2276607037/) / Tony Hall (http://www.flickr.com/photos/anotherphotograph/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)

Slide: Limitations and exceptionsLimit velomobile (http://www.flickr.com/photos/velomobiling/308274953/) / Mary (http://www.flickr.com/photos/velomobiling/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)

Slide: Fair usefair use classroom poster draft (http://www.flickr.com/photos/sixteenmilesofstring/2596569134/in/photostream/) / Timothy Vollmer (http://www.flickr.com/photos/sixteenmilesofstring/) / CC BY 2.0 (http://creativecommons.org/licenses/by/2.0/)

 

Photo credits (continued)Slide: [Image from Cariou v Prince] Steinberger, Joshua. 2011. “Treading a Very Fine Line: The Intersection of Contemporary Art and Copyright Law.” Intellectual Property, Media & Entertainment Law Journal. http://iplj.net/blog/archives/3543.

Slide: “Where Cariou’s serene…” quote from decision Patrick Cariou v Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. 2013. United States Court of Appeals for the Second Circuit.; photo of Richard Prince’s ‘Canal Zone’ from “Richard Prince Ordered to Destroy Lucrative Artwork in Copyright Breach.” 2011. The Guardian. March 23. http://www.theguardian.com/world/2011/mar/23/richard-prince-artwork-copyright-breach.

Slide: Sometimes silly things happen…Mappa Mundi – Borgia – c.1430 (http://michaeljallen.org/Mappa%20Mundi.html)

Slide: Creative Commonscreative commons -Franz Patzig- (http://www.flickr.com/photos/21572939@N03/2090542246/) / A. Diez Herrero (http://www.flickr.com/photos/21572939@N03/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)

Slide: What about data?Rosvall, M., & Bergstrom, C.T. (2010). Mapping Change in Large Networks. PLoS ONE, 5(1), e8694. doi: 10.1371/journal.pone.0008694  and Screen shot from Google ngram viewer: http://books.google.com/ngrams

Slide: Data sharing (& safekeeping) optionsEvans, T. (2012). Collaboration Profiling in UK Higher Education.http://figshare.com/articles/Collaboration_Profiling_in_UK_Higher_Education/95973

Copyright © 2013, Claire Stewart