Presentation for the Northwestern University Scholarly Resources and Technology Series, by Claire Stewart, Head, Digital Collections & Scholarly Communication Services. Addresses authors rights, basics of U.S. copyright law, exemptions in the law, open access, data sharing, and related issues. Intended audience is faculty and graduate students at Northwestern University.

1. Copyright
&
your research
SRTS 2012

2. My name is Claire
I am not a lawyer
I am a librarian, I study copyright

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

4. Center for Scholarly Communication &
Digital Curation
Publishing, copyright and digital archiving support
opened in October 2011

5. What will you create and produce?
What is copyright?
How do you know when you can use
someone else's work?
What copyrights will you control?
What are your options for managing and
sharing your work?
A bit about data and open access...
What are your questions, concerns?

6. A tale of three author agreements

7. Co-authored monograph
All rights, and the right
to grant these rights to
others were signed over
to the publisher.
Reversion clause: if out
of print 5 years after
publication, authors can
request to terminate
agreement, except that
publisher continues to
have exclusive
electronic rights.

8. Chapter in an edited work
I agree this is a work
made for hire
In the event it turns out
NOT to be a work made
for hire, I agree to assign
all rights to the publisher
I'm not violating anyone
else's rights, and if I do,
it's on my head, not the
publisher's

9. Co-authored article in peer reviewed journal
My choice: copyright
license or copyright
assignment
License: I keep my
copyright, give
Association right to print,
distribute
Assignment: I give all my
rights over to the
Association in perpetuity

10. Why do we agree to these terms?

11. Journal of Library Administration
• Transfer copyright or grant an
exclusive license
• In either case, there are limits to what I
can do with my article: post pre-prints
only, can only use publisher PDF in
limited circumstances such as courses
I teach
• T&F Open Select program not
available for this journal, but if it was:
$3,500 to make the article immediate
open access

12. What is copyright?
• What qualifies for protection and when?
• What are these "copy" "rights" ?
• How long do they last?
• Limitations and exceptions

13. What qualifies and when?
• Copyright protects creative
expression of an idea, not the
idea itself
• Factual information does not
qualify (historical facts, statistics,
telephone numbers, etc.)
• Must be fixed in some medium;
electronic media qualifies: email,
PowerPoint, MSWord, etc.
• As soon as it's fixed, it is
copyrighted (by the creator)

14. 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

15. Web of Science
Impact of new
technologies: when
text becomes data
Which rights were
exercised to create
these graphs?
Google Books

16. A few basic things to remember
• Copyright lasts for life of the author + 70 years
(but it was not always thus ... rules have changed over the years)
• If you create it, you own the copyright. You do not have to
include a notice or register your copyright, but for more
formal works, this is not a bad idea.
(U.S. Copyright Office help ... here again, rules have changed over the years)
• Foreign works receive the same protection in the U.S.
• 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

17. 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

18. (back to U.S. Copyright Law)
Limitations and exceptions
• Only the first sale of a copy
is under copyright holder's
control (109)
• Exception for classroom
teaching (110)
• Exceptions for libraries to
make copies (108)
• Fair use (107)

19. Fair use, four factors
• Nature of the use
for profit or non? educational use? criticism?
• Nature of the work
highly creative? published or unpublished?
• Amount and substantiality of the use
the heart of the work? the entire work?
• Market effect
displacing sales?

20. 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 scans in your book without a
signed copyright agreement form ... what do you do?
Need a permission form?
Try these Model Forms
from Columbia University’s Copyright Advisory Office

21. Using OPS (other people’s stuff) in your dissertation
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 & lyrics
o Dialogue from dramatic work
http://dissertations.umi.com/northwestern/
o Music
o Graphical works
• Software developed by
someone else

22. Your rights in your dissertation
Standard agreement with ProQuest is a license

23. Using OPS 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 …”
• Different rules 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

24. 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)?
• If your publisher decides not to reprint your book, can you
reclaim the rights and put it up online for free? (reversion)

25. Authors agreements: terms you may
encounter
• Transfer of all rights in perpetuity
• 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 PDF
o only if mandated by 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

26. Making sense of it all, alternatives, substitutions,
etc.
• Creative Commons licenses
• SHERPA/RoMEO
• Author addenda: CIC, SPARC

27. Creative Commons
creative 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/)

28. Open Access:
-Peter Suber
http://www.earlham.edu/~peters/fos/brief.htm

29. Journal of Library Administration

30. American Historical Review

31. Author addenda
• CIC Author Addendum
http://www.northwestern.edu/provost/about/announcements/cic.html
o Unanimously adopted by CIC provosts in 2006, endorsed by Northwestern
Faculty
o 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 addenda generator
o Directory of addenda, Open Access Directory

32. Recent developments
• Research Works Act
• Federal Research Public Access Act (FRPAA)
• Elsevier boycott: thecostofknowledge.com
“Because of our strong belief in open sharing of
information, we were disturbed to see that recently
introduced legislation (The Research Works Act,
H.R. 3699) called for a rollback of the progress
being made toward opening communication
channels for sharing publicly funded research
findings with the American people.”
February 23, 2012 Editorial in Inside HigherEd

33. What about data?
Is is protected by
copyright?

34. Data and data sharing: rules and norms are
different
Emerging policy area
Mandates from NSF, NIH, NEH-ODH for Data
Management Plans, data preservation
(what is data?)

35. Data sharing (& safekeeping) options
• Your school, department
• Vault (NUIT)
• Institutional repository (NUL)
under development
• Your disciplinary repository
o ICPSR (Poli Sci)
o OpenContext (Arch)
• Google Dataset Publishing
Language
• Insert_your_solution
(DropBox, Box.net, Amazon,
CrashPlan, etc.)
http://oad.simmons.edu/oadwiki/Data_repositories

36. Final bits of advice
• Get in the habit of putting a copyright statement
(Copyright © 2012, 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.

37. You will probably forget
everything I've just talked about...
the only thing you need to
remember is...

38. I am here to help
My name is Claire
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 Curation
cscdc.northwestern.edu
claire-stewart@northwestern.edu
gchat&AIM: claireystew

39. Photo credits
Slide: Center for Scholarly Communication & Digital Curation
know 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?
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 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: A thought experiment
Rosvall, M., & Bergstrom, C.T. (2010). Mapping Change in Large Networks. PLoS ONE, 5(1), e8694. doi:
10.1371/journal.pone.0008694
Slide: Limitations and exceptions
Limit 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/)

40. Photo credits (continued)
Slide: Fair use
fair 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/)
Slide: Creative Commons
creative 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/)

41. Copyright © 2012, Claire Stewart