Author Rights & CopyrightA Digital Scholarship Workshop

Ashley Sanders, Ph.D.Digital Scholarship Coordinator

Claremont Colleges Library

The right to adapt, distribute, perform, reproduce, reuse and publicly display the copyrighted work.

Automatic Author obtains these rights as soon as they create an

original work “fixed in a tangible medium,” which includes saving the work in a digital format.

SPARC, “Author Rights: Using the SPARC Author Addendum,” http://sparcopen.org/our-work/author-rights/brochure-html/ (15 March 2016).

Copyright

1. To reproduce the copyrighted work2. To prepare derivative works based upon the

copyrighted work3. To distribute copies4. To perform the copyrighted work publicly5. To display the copyrighted work publicly6. To perform copyrighted music publicly or by

digital audio transmission

Copyright Law: Section 106: Exclusive Rights.

Exclusive Rights to Copyrighted Works

Co-authors of an article or book chapter A book or article author An editor of a book A photographer and the human subject(s) of the photo A project PI whose name is listed on the report or

article, even if they didn’t write it

Molly Kleinman, “Copyright: Know the Basics,” ACRL Workshop: Scholarly Communication 101. (March 2010).

Image: “Steampunk Victorian Writer Word Processor Icon,” Pendragon 1966, Deviant Art, 16 October 2012. CC BY-SA 3.0 License.

Who is an author?

The creator of a solo-authored work is the original copyright holder.

The copyright of a co-authored work is shared among the co-authors

Work created as part of someone’s job may be considered “work for hire”, and in that case, the copyright holder is the employer.

Molly Kleinman, “Copyright: Know the Basics,” ACRL Workshop: Scholarly Communication 101. (March 2010).

Who holds copyright?

“Works of authorship include the following categories:(1) literary works;(2) musical works, including any accompanying words;(3) dramatic works, including any accompanying music;(4) pantomimes and choreographic works;(5) pictorial, graphic, and sculptural works;(6) motion pictures and other audiovisual works;(7) sound recordings; and(8) architectural works.”

Copyright Law: Section 102: Subject Matter of Copyright: In general.

Works Protected by Copyright

Works Not Protected by Copyright

“Idea,Procedure,Process,System,

Method of operation,Concept,Principle,or discovery,

regardless of the form in which it is described, explained, illustrated, or embodied in such work”Copyright Law: Section 102: Subject Matter of Copyright: In general.

Works Not Protected by Copyright

Data Facts Unfixed (unrecorded) works

Lectures Concerts Improv routines

“Building Blocks” Names, titles, slogans,

short phrases NOTE: Copyright is different

from a trademark

Useful articles Clothing Lighting fixtures Furniture Jewelry Machinery

Common Property Standard calendars Height & Weight charts Tape measures & rulers Lists & tables taken from

public documentsSteven J. McDonald, “Copyright in the Digital Age,” Internet Culture, Policy & Law Institute, Cornell University (September 2015).

Once an author transfers any or all of these exclusive rights, the author can no longer exercise those rights without permission.

The copyright holder owns the work and determines what, if anything, can be done with it.

“Transferring copyright doesn’t have to be all or nothing.”

SPARC, “Author Rights: Using the SPARC Author Addendum,” http://sparcopen.org/our-work/author-rights/brochure-html/ (15 March 2016).

Why does copyright matter to you as an author?

“If the author intends to retain the right to make any further uses of the copyrighted

work, or intends to grant others permission to make any use of the

copyrighted work, the author must make this clear in a written transfer

agreement.”

SPARC, “Practical Guidance When Submitting Journal Articles,” An Introduction to Copyright Resources for Authors. (15 March

2016).

Only written copyright transfers are valid To preserve some or all rights, authors can:

Submit an addendum to the publishing agreement (that must be signed by both the author and publisher)

Request a licensing agreement to retain specific rights

Request a Creative Commons license or ask about licenses the publisher grants

NB: Publishers don’t particularly like addenda, but you can use them to start a conversation.

Molly Kleinman, “Copyright: Know the Basics,” ACRL Workshop: Scholarly Communication 101. (March 2010).

Things to Know:

The only right publishers actually need: The right of first publication

Open Access publishers typically allow authors to retain more rights than traditional publishers

You own copyright in your own work unless or until you sign it away.

Molly Kleinman, “Copyright: Know the Basics,” ACRL Workshop: Scholarly Communication 101. (March 2010).

Things to Know:

1. Anticipate future needs

2. Understand the terms of the agreement

3. Negotiate!

4. Execute the agreement

5. Protect and use your rights!

Source: Kenneth D. Crews, “Reserving Rights of Use in Works Submitted for Publication: Negotiating Publishing Agreements,” A Project of the IUPUI Copyright Management Center (5 January 2004).

Preserve Your Rights: How to Negotiate Publishing

Agreements

What do you want to do with your publication? Where do you want to archive it? Do you want to use it in a class? Do you want to reuse part or all of it in a

book? Do you want to be able to reuse graphs,

charts, tables, and maps that you have created?

1. Anticipate future needs

Read the publication agreement carefully Pay particular attention to the rights the

publisher wants to transfer Determine which of those rights is absolutely

necessary for publishing Which of your rights are most important to

you to keep?

2. Understand the terms of the agreement

Example: Journal of the American Medical Association

Take a few minutes to identify the rights that Elsevier wants to transfer from the author to the publisher

Are there any rights among these you would like to retain as an author?

Does Elsevier provide a way for authors to retain selected rights of their choosing?

What licensing options does Elsevier allow?

Example: Elsevier

Take a few minutes to identify the rights that T&F wants to transfer from the author to the publisher

Are there any rights among these you would like to retain as an author?

Does T&F provide a way for authors to retain selected rights of their choosing?

What licensing options does T&F allow?

Example: Taylor & Francis

Why do we ask you to assign copyright to us? Asking you to assign copyright means we are showing our

commitment to: Act as stewards of the scholarly record of your work Defend your article against plagiarism and copyright infringement Enable you to share your article (using your free eprints and

Green Open Access at Taylor & Francis) Assure attribution of your work, by making sure you are identified as the

author We encourage you to:

Share your work Make printed copies of your article to use for lecture or classroom

purposes Include your article in a thesis or dissertation Present your article at a meeting or conference and distribute

printed copies of the article Republish the article (making sure you cite the original article) Adapt and expand your published journal article to make it suitable for

your thesis or dissertation Alternatively, any author publishing with us can opt to retain

their own copyright and sign a License to Publish.http://journalauthors.tandf.co.uk/copyright/

Example: Taylor & Francis

Value the copyright in your intellectual property

“A journal article is often the culmination of years of study, research, and hard work. The more the article is read and cited, the greater its value. But if you give away control in the copyright agreement, you may limit its use. Before transferring ownership of your intellectual output, understand the consequences and options.”

Yes, you can negotiate publishing contracts

“Publishers require only your permission to publish an article, not a wholesale transfer of copyright.” (SPARC, Author Rights Brochure)

3. Negotiate!

Image: “Shaking Hands,” by Flickr user Aldan Jones. 3 July 2006. CC BY-SA 2.0 license.

SPARC Author’s Addendum

MIT (pdf)

CIC Author Addendum (pdf)

Sample Author Addenda

CC Licenses Explained

Still can’t decide?

Try the CC License Selector!

https://creativecommons.org/choose

/

Make sure the publisher received and accepted your amendments to the contract Get this in writing!

Keep a copy of the agreement in your records as proof of the rights you retained.

Source: Kenneth D. Crews, “Reserving Rights of Use in Works Submitted for Publication: Negotiating Publishing Agreements” (5 January 2004).

4. Execute the agreement

If you retain your copyright, you can register your claim here: copyright.gov/eco/

If you retained the right to reuse your work for instructional purposes and/or future research be sure to use that privilege!

If you retained the right to post a pre- or post-print in your institutional repository, make sure to get it over to the IR manager! scholarship.claremont.edu

5. Protect and Use Your Rights

Book Contract NegotiationWhat you can negotiate

Right to approve: The design Edits Cover art & title Marketing materials

The ability to write your own image captions

Negotiate who does the copy editing and the ability to change editors

Terms under which you or the publisher can withdraw, use or reassign the project

Delivery Dates Royalties (if any) Subventions for images Length Number of gratis author

copies Registration of copyright Non-compete clauses

1. You can retain at least some, if not all, of your author rights.

2. You can negotiate with publishers, and the CCL can help!

http://libguides.libraries.claremont.edu/OpenAccess/retaincopyrights

3. You can cite or archive a pre- or post-print in Scholarship@Claremont to make your work more discoverable.

Scholarship@Claremont is crawled by Google

Talking Points with Faculty

Copyright Law: Section 102: Subject Matter of Copyright: In general. Copyright Law: Section 106: Exclusive Rights. Crews, Kenneth D. “Reserving Rights of Use in Works Submitted for Publication:

Negotiating Publishing Agreements,” A Project of the IUPUI Copyright Management Center (5 January 2004).

Kleinman, Molly . “Copyright: Know the Basics,” ACRL Workshop: Scholarly Communication 101. (March 2010).

McDonald, Steven J. “Copyright in the Digital Age,” Internet Culture, Policy & Law Institute, Cornell University (September 2015).

SPARC, “Author Rights: Using the SPARC Author Addendum,” http://sparcopen.org/our-work/author-rights/brochure-html/ (15 March 2016).

SPARC, “Practical Guidance When Submitting Journal Articles,” An Introduction to Copyright Resources for Authors. (15 March 2016).

References

Pendragon 1966, “Steampunk Victorian Writer Word Processor Icon,” Deviant Art, 16 October 2012. CC BY-SA 3.0 License.

“Shaking Hands,” by Flickr user Aldan Jones. 3 July 2006.  CC BY-SA 2.0 license.

All other images are either CC 0 license or in the public domain.

Image Credits