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Authors Rights

Authors Rights

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  1. Authors Rights March 15 & 16, 2017 Carrie Nelson

  2. Session Outline • Review copyright context • Authors Rights topics

    – Copyright transfer/license agreements Activity & Discussion – Dissertations – Non-publisher-related
  3. Check-in How does your role relate to this topic? What

    experiences do you have with this topic so far? Is there anything specific you hope to get out of or contribute to this session?
  4. Exclusive Rights • to reproduce the copyrighted work • to

    prepare derivative works based upon the copyrighted work • to distribute copies to the public by sale, rental, lease, or lending • to perform the copyrighted work publicly • to display the copyrighted work publicly
  5. Additional copyright reminders • copyrights automatically belong to the author

    as soon as the work is “fixed in a tangible medium” • generally: each co-author has individual independent rights; it’s wise to coordinate licensing/transfer • “works for hire” conflicting legal definitions and community norms • “derivative works” could include revised versions or books based on articles
  6. Publishing agreements • publishers need a way to legally reproduce,

    distribute, and display works authored by someone else • written contract • exclusive vs. non-exclusive rights • “copyright assignment” – transferring all rights unconditionally
  7. documents

  8. What’s negotiable? authors’ future uses – in teaching – in

    related publications others’ future uses – within institution – public sharing – repository and posting options – embargo periods – distributing to colleagues rights reversion
  9. Activity 1. Think of a fairly specific example of a

    article or chapter publishing project. Have an actual or archetypal author in mind. 2. Review a potential publishing agreement. 3. Evaluate how the agreement would impact the author in the future. 4. How might the author try to negotiate?
  10. Select publishers based on standard terms (SHERPA/RoMEO) Author addenda SPARC

    addendum Big Ten Academic Alliance (CIC) addendum NIH compliance (SPARC): Journal acknowledges that Author retains the right to provide a copy of the final manuscript to NIH, upon acceptance for Journal publication or thereafter, for public archiving in PubMed Central as soon as possible after publication by Journal.
  11. Books – add’l considerations • Ask for right to approve

    the design and edits • Secure your own right to withdraw without consequences • Delivery dates • Subventions • Self-archiving rights are less common
  12. Dissertation deposit During the deposit process, authors are presented with

    a publishing agreement from ProQuest/UMI • The agreement is non-exclusive • Author maintain the copyrights • Author will be paid a 10% royalty on any sales Authors can pay ProQuest to register the copyright for them with the U.S. Copyright Office • Registration is necessary before suing for infringement and impacts some types of damages that can be awarded • You can register yourself online (the current standard fee is $35) anytime
  13. Dissertation decisions Dissertation decisions are nuanced and individual When you

    deposit, you can choose to embargo the public access for 6 months, 1 year, or 2 years. If you want to embargo longer, you’ll need to send a written request signed by you and your dissertation advisor. While the dissertation is embargoed, there will be no easily discoverable record of the dissertation. Series on dissertation dissemination and publishing Audrey Truschke, Mellon Postdoc, Stanford University Dissertation Reviews, April 2015
  14. Beyond the publisher • Individually shared research-related activity • Notes

    • Slide decks • Blog postings • Resources created for teaching • Audio or video lectures • Modular activities or lessons • Web pages • Non-commercial textbooks
  15. Creative Commons licensing If the author retains control of copyright,

    he or she has to manage permissions Creative Commons licenses provide a standardized way to give the public permissions under the author’s chosen conditions BY – require attribution SA – share-alike NC – non-commercial ND – no derivatives
  16. April session still TBD Brianna will be missed! Look for

    continued support from Cameron!