Copyright and Your Three-Article Dissertation

Jere OdellScholarly Communications Librarian

IUPUI University Libraryjdodell@iupui.edu

May 8, 2014

             This work is licensed under a Creative Commons Attribution 4.0 International License.

Who owns the copyrights?

Used with permission of the author (Lily) & her mom (K.P.).

When needed, ask for permission in advance.

Excerpt, with omissions, from:

Lynn B. Clutter. (2009). Adolescent birth mothers after unintended pregnancy and infant open adoption. [IU School of Nursing]. Retrieved from: http://hdl.handle.net/1805/2020

You’ll need a letter.

Copyright: some basics

• Title 17, U.S. Code• Author’s exclusive right to control use (life plus 70 years)

– reproduction– distribution– derivative works (translation, revision, annotation, etc.)

• “original works of authorship fixed in any tangible medium of expression” - 17 U.S.C §102(a)

• “The authors of a joint work are coowners of copyright in the work.” - 17 U.S.C. §201(a)

Copyright: some exceptions

• Works for hire (employer holds rights)• Public domain (e.g., U.S. govt. documents)• Ideas• Facts, titles, names and short phrases• Fair use (e.g., educational or scholarly use of a portion of a

published work; see: http://copyright.columbia.edu/copyright/fair-use/)

Copyright:Do you need a © symbol?Do you need to register?

http://www.copyright.gov

Who holds the copyrights to this dissertation?

Oruche, U. M. (2011). Predicting treatment response of adolescents with serious emotional disturbance. [IU School of Nursing]. Retrieved from: http://hdl.handle.net/1805/2770

Oruche, U. M. (2011). Predicting treatment response of adolescents with serious emotional disturbance. INDIANA UNIVERSITY. Retrieved from: http://gradworks.umi.com/34/88/3488105.html

Who holds the copyrights to this dissertation?

Three article dissertation

Acknowledgements; TOC; Introduction

Conclusions; Appendices

Article 1

already publishedin a journal

(“post-print”)(“author’s accepted

manuscript”)

Article 2

submitted to a journal

(“pre-print”)(“author’s original

manuscript”)(“under review”)

Article 3

expecting to submit to a journal

(“pre-print”)(“author’s original

manuscript”)

What will you need to do?(plan ahead & act early)

May you include a previously published article in your dissertation?

1. Review the journal’s copyright transfer agreement.• Most journals (70%) permit authors to use (“self-archive”) the

author’s accepted manuscript (an embargo may be required; typically 12-18 months).

• Other conditions may apply, such as a link to the publisher’s version.

2. If the journal’s copyright transfer does not permit self-archiving, request permission from the publisher.

• Be clear about which version of the article you need (do not ask for the publisher’s formatted article).

• Ask the editor for help.• Ask a librarian for help.• In the worst cases, you may be asked to pay a fee ($50 -$3,000).

May you include an article that is “in press”—accepted, but not yet published in its final form?

1. Review the journal’s copyright transfer agreement.

• If the terms are agreeable, see previous slide.

2. If the terms are NOT agreeable:• If you have signed the contract, see previous slide.• If you have not signed the copyright transfer contract:

a. Negotiate your contract.b. As a starting point, use the SPARC Addendum:

http://www.sparc.arl.org/sites/default/files/Access-Reuse_Addendum.pdf (Modify the addendum, if necessary.)

c. If negotiations fail … you have a tough decision to make.

Selecting a journal for an article you plan to include in your dissertation:

1. Review the journal’s copyright transfer agreement and self-archiving policies, prior to submitting.

2. If the copyright agreement is unfavorable or unclear, send inquiries to the editor and the publisher prior to submission.

3. If the journal will not accommodate your needs, choose a different journal.

4. Ask a librarian for help. (Tip: SHERPA/RoMEO is an online database of journal copyright policies:

http://www.sherpa.ac.uk/romeo/)

Selecting a journal for an article after your dissertation is approved and posted online:

1. Will the journal accept work that has appeared online in a prior version?

2. Excluding the humanities, most dissertations result in a subsequent article or two.

3. However, these submissions are often major revisions of chapters.

4. Some health science journals observe the Ingelfinger Rule: “NEJM expects that the articles it publishes will not have been published or released elsewhere before they are published in NEJM.” See: http://www.nejm.org/page/about-nejm/editorial-policies

Decisions You’ll Make When Submitting Your Dissertation

ScholarWorks(Open Access archive; no fees!)

• Embargo? If so, how long?• Creative Commons? (CC-BY)

(CC-BY-NC) (CC-BY-NC-ND)

Proquest UMI(Subscription database)

• Open Access? $95.00• If Open Access, Creative

Commons? (CC-BY) (CC-BY-NC) (CC-BY-NC-ND)

• Embargo? If so, how long?• Register copyright? $55.00

IUPUI dissertations are submitted to both ScholarWorks and Proquest UMI

Some Useful Resources• IUPUIScholarWorks (articles, conference proceedings, presented posters

and presentations): https://scholarworks.iupui.edu/

~• Crews, K. D. (2013). Copyright and your dissertation or thesis: ownership,

fair use, and your rights and responsibilities. Available from: http://media2.proquest.com/documents/copyright_dissthesis_ownership.pdf

• U.S. Copyright Office: http://www.copyright.gov/ • Fair Use Checklist:

http://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/ • Creative Commons: http://creativecommons.org/ • SHERPA/RoMEO: http://www.sherpa.ac.uk/romeo/

Jere OdellScholarly Communications Librarian

Center for Digital ScholarshipIUPUI University Library

755 W. MichiganIndianapolis, IN 46202

             This work is licensed under a Creative Commons Attribution 4.0 International License.