Know your Author’s Rights Kathleen DeLaurenti College of William & Mary 9/17/2015 ACRL Scholarly Communications Roadshow

Who is copyright for? The Constitution permits copyright in order to benefit creators, in balance with the community Copyright is an Incentive! For academic works, publishers usually get the benefit (control & profits) While the academic community pays for access) What’s wrong with this picture?

What Authors Own

Who is the copyright holder? The creator is usually the initial copyright holder If two or more people jointly create a work, they are joint copyright holders, with equal rights With some exceptions, work created as a part of a person's employment is a "work made for hire" and the copyright belongs to the employer

What is copyright? Copyright is a bundle of rights to: Make copies Distribute the work P repare derivative works P ublicly perform or display the work Li cense any of the above to third parties

How do we get copyright? Copyright exists from the moment of creation  In original works fixed in tangible form  Lasts for the life of the author plus 70 years No need to use ©, no “magic words” Copyright is automagical.

What copyright protects Copyright protects Writing Choreography Music Visual art Film Architectural works Copyright doesn’t protect Ideas Facts Titles Data Methods (that’s patent)

Free as Air – the Public Domain Works published before 1923 Works published without notice prior to 1989 Works not renewed prior to 1963 Works of the federal gov’t Titles, short phrases & facts IDEAS See for more details about copyright term and the public domainhttp://copyright.cornell.edu/resources/publicdomain.cfm Study of Clouds with a Sunset near Rome Simon Denis,

Managing Our Rights

Giving away copyright?! Copyright can only be transferred (“assigned”) in writing Publisher require that authors sign a publication agreement that outlines what, if any, copyrights are transferred These agreements can also define licensing terms between the author and the publisher

Licenses and Copyright Licenses are contracts that allow others to exercise some right that the licensor owns  A non-exclusive license can be transferred verbally (but writing is always better)  May carry conditions and limitations  It can LOOK like copyright transfer, especially if it’s an exclusive license Copyrights can be unbundled and divided up in countless ways

Rights publisher want Rights publishers need Reproduction Distribution Derivatives Pretty much all of them Right of first publication......that’s really all Other issues can be managed with licenses Bundled vs. Unbundled N.B. -- Open Access publishers usually do not require full transfer of copyright

Why is reuse important? Distribution to colleagues Teaching Web access Conference presentation Republication Freely access Open Access-published (OA) works If Creative Commons (CC) licensed, uses that don’t require permission are defined; If published traditionally (not OA or with CC), only fair use BY THE AUTHORBY OTHERS When you retain your rights, you can:When you retain your rights, others can:

It’s negotiable If you don’t ask, you don’t get  Even if you don’t succeed, it is useful to ask!! Think about what you need Read and save the agreement (it’s a good practice to keep it with your working and final research files) Consider addenda (and learn from them!) Work with your editor or publisher Know what you want to accomplish!

Addendum to Publication Agreement

Take home points We all own copyright automatically until we sign it away Try not to give away more than you need to Think ahead to how you might want to use your work CC licenses, addenda, and negotiation are simple steps that don’t negate peer-review

Publication Agreements: Things to Look Out For Indicators of author friendly or unfriendly contracts.  The author, hereinafter referred to as “chopped liver” Copyright transfer v. “exclusive” or “non-exclusive” licenses What versions of the article can the author do what with?  classroom use, redistribution, website posting, repository posting, giving talks at conferences with the work Embargoes (delayed release periods), and conditions?

This work was originally created by Molly Keener for the 14 th ACRL National Conference, Scholarly Communication 101 workshop, updated by Will Cross, Molly Keener, and Kevin Smith in May 2013 and adapted by Kathleen DeLaurenti in September This work is licensed under a Creative Commons Attribution Non-Commercial Share Alike 3.0 United States license: sa/3.0/. sa/3.0/