A key to maximizing impact Kevin L. Smith Duke University

 A faculty web site and a “cease and desist” letter.  “The Gene Wars” & the future of an academic book on Google.

1. Explosion of new technologies create all sorts of opportunities for scholarly communications. 2. Copyright became automatic in 1992, just as the Internet was coming into common use.

 It “follows the pen.” ◦ “Showers down” as original expression is fixed in tangible form  No “formalities” needed! Registration has advantages, but is not a prerequisite for protection.

 The author does!  Who dat?  Usually, the one who creates the expression. ◦ But there are two “quirks:”  Work for hire – the employer as author  Gov’t $$ ≠ WFH  Joint authorship – equal and undivided shares.

 Usually do not claim work for hire. ◦ Copyright, at least in traditional scholarship, stays with faculty members.  Often claim some interest in or right to use other kinds of work. ◦ Syllabi, courseware, software, administrative works, lecture capture. ◦ Scope of your rights partly defined by these policies

 Limited exclusive right to control: ◦ Copying, distribution, public performance, public display and derivative works.  Protection for expression, but not ideas ◦ Plagiarism not the same as © infringement  Facts, raw data, not subject to © protection in U.S. ◦ But selection & arrangement can get “thin protection.”

 Copyright is a property right that is ◦ Alienable  You can sell it, give it away, even “rent” it out.  Transfer (aka “assignment”) v. licensing. ◦ Divisible  Divide up different rights.  Give same right to multiple people (non-exclusive license).  Specify time periods for licenses.

 Treat it as an asset.  Think about future uses of your work.  Manage © in ways that are in your best interest. ◦ Must you transfer your copyright? ◦ Even after transfer, authors usually retain some rights.  Use in teaching, sharing with colleagues, distribution on web sites, derivative works & academic re-use

 Higher citation rates, more readers.  Better access, especially for those not affiliated with large universities.  Branding for you and your institution.  Discovery/collaboration opportunities across campus & across the globe.  New areas of research (i.e. data & text mining).

 Stable URLs for works of faculty authorship.  Preservation (at least, better odds).  Linkage with mandatory reporting or deposit requirements.  Ability to associate data, multi-media objects with published research.  Digital services for researchers. ◦ Profiles, metrics, new data sets.

 Harvard A&S faculty adopted OA policy in ’08.  Other faculties and institutions followed. ◦ Some failures or ongoing controversies.  Duke has had OA policy for Law School for 11 years.  Policy proposal currently before whole faculty at Duke. ◦ Support from Provost, Deans & Executive Council. ◦ Many conversations going on.

 Give institution an immediate license in all scholarly articles for OA dissemination.  Non-exclusive, royalty-free  Waived upon request ◦ Default becomes opt-out, rather than opt-in.  Will accommodate embargoes.  Calls on library to develop and monitor service that is convenient for faculty.

 Is the institution trying to steal my rights? ◦ Helping manage rights in a new environment  Isn’t this a redundant effort, given NIH policy? ◦ Lots of research not funded by NIH; PMC does not offer services to individual authors.  Will I still be able to publish in the best journals in my field? ◦ Waiver & embargo ensure no restrictions  Will this put journals out of business? ◦ ~70% already allow “self-archiving”

 Discomfort with multiple versions.  Will the policy create extra work for me, the researcher? ◦ Journal negotiations ◦ Functional issues re. deposit  Who will pay for the extra work for the repository? ◦ Will more of my grant go to indirect costs?

 Benefits of open access ◦ For individual researchers ◦ For scholarship ◦ For society  Public policies moving toward OA ◦ NIH, OSTP, FRPAA  Universities and faculty should manage, not ignore, this change. ◦ “Those who are not at the table are probably on the table.”