1. Copyright management in
open access projects
Iryna Kuchma
Open Access Programme manager
Presented at “New Trends for Science Dissemination”,
ICTP – Trieste, Italy, 28 September 2011
www.eifl.net Attribution 3.0 Unported

2. Practical guidance when
submitting journal articles
In order to maximize the value of the research
you produce in digital environment, it is
important for you to take an active role in
managing the copyrights to your work.
Copyright protection is automatic (at the
moment the copyrighted work has been “fixed in
a tangible medium,” such as when a written
work has been saved on a computer's hard drive
or printed).
(From SPARC Introduction to Copyright Resources: http://bit.ly/mRHQHT)

3. Practical guidance (2)
When you publish in a journal you are typically
asked by the publisher to sign a copyright
transfer agreement, or contract, that
describes the assignment of various rights to the
publisher.
Assigning your rights matters.
The copyright holder controls the work.
Transferring copyright doesn’t have to be
all or nothing.
(From Author Rights: Using the SPARC Author Addendum to secure your rights as the
author of a journal article http://bit.ly/cezf0w)

4. A balanced approach
Authors: Retain the rights you want. Use
and develop your own work without
restriction. Increase access for education
and research. Receive proper attribution
when your work is used. If you choose,
deposit your work in an open online archive
where it will be permanently and openly
accessible.
(From http://bit.ly/cezf0w)

5. A balanced approach (2)
Publishers: Obtain a non-exclusive right
to publish and distribute a work and
receive a financial return. Receive
proper attribution and citation as
journal of first publication. Migrate the
work to future formats and include it in
collections.
(From http://bit.ly/cezf0w)

6. Securing your rights
1. The SPARC Author's Addendum preserves
rights for broader use of your research:
http://scholars.sciencecommons.org
2. If your research is funded by the donor with an
open access mandate, the donor usually offers
language that modifies a publisher's copyright
agreement to give you the rights to follow
donor's open access policy.
(From SPARC Introduction to Copyright Resources: http://bit.ly/mRHQHT)

7. http://scholars.sciencecommons.org

8. http://scholars.sciencecommons.org

17. Repository submission policy
1. Items may only be deposited by
accredited researchers based at any
participating university, college or
research organization, or their
delegated agents.
2. Authors may only submit their
own work for archiving.
3. Submitted items are not vetted by
the administrator.

18. Repository submission policy (2)
4. The validity and authenticity of the
content of submissions is not
checked.
5. Items can be deposited at any
time, but will not be made
publicly visible until any
publishers' or funders' embargo
period has expired.

19. Repository submission policy (3)
6. Any copyright violations are
entirely the responsibility of the
authors/depositors.
7. If the repository receives proof
of copyright violation, the
relevant item will be removed
immediately.

20. Repository preservation policy
1. Items will be retained indefinitely.
2. Repository will try to ensure continued
readability and accessibility.
●
It may not be possible to guarantee the
readability of some unusual file formats.
3. Repository regularly backs up its files
according to current best practice.

21. Repository preservation policy (2)
4. Items may be removed at the
request of the author/copyright
holder.
5. Acceptable reasons for withdrawal:
Journal publishers' rules
Proven copyright violation or plagiarism
Legal requirements and proven violations
National Security
Falsified research

22. Repository preservation policy (3)
6. Withdrawn items are not deleted per se,
but are removed from public view.
7. Withdrawn items' identifiers/URLs are
retained indefinitely.
8. URLs will continue to point to 'tombstone'
citations, to avoid broken links and to
retain item histories.
9 In the event of repository being closed
down, the database will be transferred to
another appropriate archive.

23. Deposit Licenses & End
User Licenses
A comprehensive deposit and end user’s
license agreement should cover a number
of core topics, including
a depositor’s declaration
the repository’s rights and
responsibilities
and the end-user’s terms and conditions

24. Depositor's Declaration
1. to ensure that the depositor is the
copyright owner, or has the permission of
author/copyright holder (if by proxy) to
deposit
2. the author and any other rights holders
grant permission to the host institution to
distribute copies of their work via the internet...
3. the author has sought and gained
permission to include any subsidiary
material owned by third parties

25. Repository's rights &
responsibilities
It must be made clear to the submitting
author that through submission of their
work the copyright ownership is
unaffected.
One way of doing this is for the deposit
license to begin with the author granting the
repository the nonexclusive right to carry
out the additional acts...

26. End-user's terms and
conditions
open access publication: the author(s) &
copyright holder(s) grant(s) to all users a
free, irrevocable, worldwide,
perpetual right of access to, and a
license to copy, use, distribute, transmit
and display the work publicly and to
make and distribute derivative works, in
any digital medium for any responsible
purpose, subject to proper attribution of
authorship (BBB)

27. Plagiarism
If articles are easily available, then plagiarism
will be made easier?
On the contrary. Open access might make
plagiarism easier to commit, for people trolling
for text to cut and paste. But for the same
reason, open access makes plagiarism more
hazardous to commit. Insofar as open access
makes plagiarism easier, it's only for plagiarism
from open access sources. But plagiarism from
open access sources is the easiest kind to
detect. (From Open access and quality by Peter Suber,
SPARC Open Access Newsletter, issue #102:
http://bit.ly/qZUQo7)

28. Plagiarism (2)
In fact, plagiarism is diminished as a
problem.
It is far easier to detect if the original,
date-stamped material is freely
accessible to all, rather than being
hidden in an obscure journal.
(From the Open Access Frequently Asked Questions, DRIVER —
Digital Repository Infrastructure Vision for European Research
http://www.driver-support.eu/faq/oafaq.html)

29. Plagiarism (3)
It is easier to detect simple plagiarism with
electronic than with printed text by using
search engines or other services to find
identical texts. For more subtle forms of
misuse, the difficulties of detection are no
greater than with traditional journal articles.
Indeed, metadata tagging, including new
ways of tracking the provenance of electronic
data and text, promise to make it easier.
From JISC Opening up Access to Research Results: Questions and
Answers:
http://www.jisc.ac.uk/uploaded_documents/QandA-Doc-final.pdf

31. DRIVER Guidelines
It is preferred to refer to a rights service
where the reuse rights are made clear to the
end-user by using a URL.
For example the Creative Commons
organisation has created URIs for their
different Licenses in the different
Jurisdictions. This can be applied to create
machine-readable usage licenses.
Guidelines 2.0 for Repository Managers and Administrators on how to expose
digital scientific resources using OAI-PMH and Dublin Core Metadata, creating
interoperability by homogenising the repository output: http://bit.ly/mRbQ87

32. DRIVER Guidelines (2)
Using Creative Commons right services
makes the usage rights much more clear to
the end user.
The URL provides the location where the
license can be read. With creative common
licenses the type of license can be recognized
in the URL name itself. A pro for having the
license point to an URL in this way, is that
this is machine-readable.

33. DRIVER Guidelines (3)
For science, in order to spread the knowledge
as freely as possible, without losing the
notion of ownership, one could use the
Creative Commons license BY-SA in your
jurisdiction area. This means
• SA - Share Alike: everyone is allowed to use
your material, even commercial use is
allowed

34. SURF
SURF recommends using the most liberal
Creative Commons license for articles, which
is CC BY.
For data it recommends the more liberal
assignment to the public domain, as required
by the Science Commons Protocol for
Implementing Open Access Data.
(“Reuse of material in the context of
education and research”: http://bit.ly/eDiic)

54. Thank you! Questions?