MEGHAN BANACH BERGIN & CHARLOTTE ROH OCTOBER 20, 2015 Open Access and Copyright for Theses and Dissertations

Umass Amherst

Submitting your thesis or dissertation

Definitions What does open access mean? What exactly is campus access? What is an embargo?

Options Options for your dissertation or thesis: Open access Open access with embargo (for 6 months or 1 year) Campus only access (for 1 year or 5 years) with embargo (for 6 months or 1 year)

Reasons Some reasons you might be thinking about choosing campus access or an embargo: Concerns about future publication Concerns about applying for a patent Concerns about private or sensitive information Concerns about the use of copyrighted work in your thesis or dissertation

Videos Open Access Benefits of Open Access

Using Copyrighted Works In Your ETD There are several ways to do this legally: Use public domain works or Use openly licensed materials (such as those with a Creative Commons license) Apply the fair use doctrine

Creative Commons

Sources for Creative Commons Licensed Materials Music: Images: Video:

Public Domain All works published before 1923 are in the public domain due to copyright expiration For materials published after 1923 it’s more complicated

Copyright Slider

The Four Factors of Fair Use 1. Purpose and character of the use 2. Nature of the copyrighted work 3. Amount of the portion used 4. Effect of the use upon the potential market

Purpose & Character of Use In Favor of Fair Use: Teaching, research, or scholarship Nonprofit Educational Institution Comment or criticism News reporting Transformative use (such as parody for example) In Favor of Copyright Holder (not fair use): Commercial activity Profiting from the use Entertainment Bad-faith behavior Denying credit to original author

Nature of the Copyrighted Work In Favor of Fair Use: Published work Factual or nonfiction based Important to educational objectives In Favor of Copyright Holder (not fair use): Unpublished work Highly creative work (art, music, novels, films, plays) Fiction

Amount of the Work In Favor of Fair Use: Small quantity Portion used is not central Amount is appropriate for educational purpose In Favor of Copyright Holder (not fair use): Large portion or whole work used Portion used is central to work or significant to entire work or "heart of the work"

Effect on the Market: In Favor of Fair Use: User owns or purchased copy of original work One or few copies made No significant effect on the market or potential market for copyrighted work Restricted access (to students or other appropriate group) In Favor of Copyright Holder (not fair use): Could replace sale of copyrighted work Significantly impairs market or potential market for copyrighted work or derivative Affordable permission or licensing easily available for using work Numerous copies made You made it accessible on Web or in other public forum

Text Direct Quotations: Short direct quotations with attribution For example, a paragraph or two Most likely within the bounds of fair use

Images If it is easy to license the right to use the images and the cost is reasonable:  License the image Images for which permission or a license is difficult or impossible to obtain:  Use of the image without permission in a dissertation is probably a fair use

Music and Video Obtain permission or license the works if possible and if the cost is reasonable If there is no functional market for permission or licensing, your use will likely be fair use

Example Masters Thesis: Trophy Children Don’t Smile by Chris Boulton Discusses the depiction of children in magazine advertisements for children’s designer clothing brands. Uses copyrighted advertisements to illustrate his arguments

Example : History of Science History of Science Thesis examining cultural depictions of scientists and bias within science Wants to include figures from papers published in Nature, Science, etc., in the 1970s Wants to include screenshots from popular culture films

“Best Practices in Fair Use” Discipline-specific guides to fair use See especially:  Documentary Filmmakers  Scholarly Research in Communication  Music Scholarship  Dance-Related Materials  Poetry  Visual Resources Association  Story Arts  User-Generated Video

Questions?

Additional Information Brewer, Michael. American Library Association Office for Information Technology Policy, Copyright Advisory Committee. Digital Copyright Slider: CaliforniaState University, Long Beach, Thesis and Dissertation Office. Sample Permission letter: Columbia University Libraries, Copyright Advisory Office. Requesting Permission: Copyright Management Center,Indiana University Checklist for Fair Use. Creative Commons: Gasaway, Lolly. University of North Carolina. When U.S. Works Pass into the Public Domain: University of Minnesota Libraries, Copyright Use Map:

Comments? Questions? Thank You for Your Attention! Contact Information: Meghan Banach Bergin & Charlotte Roh