Sara R. Benson, Copyright Librarian, University of Illinois Library Copyright for authors Sara R. Benson, Copyright Librarian, University of Illinois Library

disclaimer… Yes, I am a lawyer, but I am here to provide legal information—not legal advice.

You are all writers… But, do you own a copyright?

Requirements to own a copyright: Create something in writing, music, video . . . [creativity] Write it down or record it . . . [fixation] After 1989, that’s it. You’ve got a copyright! [length is generally life of the author + 70 years]

Who owns the copyright? The author, of course. But, who is an author? The person or people who created the work—except for a work made for hire (then the employer owns the work) IMPORTANT TO REMEMBER: If joint authors, then each owner has an equal, undivided interest in the copyright.

So, why worry about copyright ? Protect your work from infringement Or Make your work as easy to access as possible (flip side)

Include Copyright symbol (or other license for use) Although currently not legally required . . . The copyright symbol puts others on NOTICE Remember, though: you cannot recover damages for infringement until you’ve actually filed for copyright with the US copyright office… OR—use a creative commons license if you want to make your work open access with limited restrictions

potential Uses for your work Share with colleagues Make it available to public Use parts of it yourself, in future work Post it somewhere on the web Prepare a textbook or other collected volume of your work Others?

Negotiate with Journals for Open Access Who owns the copyright initially on a new written work? CONTRACT trumps COPYRIGHT Ask them to allow you to retain the rights to post your journal article in the institutional repository!

Hocus Pocus: You’re a lawyer! What rights do you retain if you sign the following agreement? Copyright Transfer. In consideration of the action of the Publisher in reviewing and editing this submission (manuscript, tables, and figures), I hereby transfer, assign, or otherwise convey all copyright ownership, including any and all rights incidental thereto, exclusively to the Publisher, in the event that such work is published by the Publisher.

More practice… Author’s Retention of Rights. Notwithstanding any terms in the Publication Agreement to the contrary, … Author retains: (i) the rights to reproduce, to distribute, to publicly perform, and to publicly display the Article in any medium for non-commercial purposes; (ii) the right to prepare derivative works from the Article; and (iii) the right to authorize others to make any non-commercial use of the Article so long as Author receives credit as author and the journal in which the Article has been published is cited as the source of first publication of the Article.

And even more practice! “By accepting this license, you grant to the University the non-exclusive right to reproduce and distribute the submission, including the abstract, in any format or medium worldwide and royalty-free, including, but not limited to, publication over the Internet.”

Hands on practice One of you will play the role of the publisher with “secret” values. Keep your goals to yourself at first. One of you will play the role of the academic with your own set of values. Pretend that you are having a face-to-face meeting. How would you verbalize your own set of wishes for the copyright agreement? What would you ask for? Try it out!

good news! You don’t have to reinvent the wheel See the SPARC Author Addendum http://sparcopen.org/our-work/author-rights/brochure- html/

Contact Info & Attributions Sara R. Benson, Copyright Librarian srbenson@Illinois.edu (217) 333-4200 ______________________________________________________________________ Slide 3: Mike Seyfang, Copyright Symbols, CC BY 2.0 (Nov. 2008), available athttps://flic.kr/p/5AXf7J. Slide 8: Research & Graduate College Graduate Studies Office’s Photostream, Open_Access_PLoS.svg, CC BY-NC-SC 2.0 (Oct. 2010), available at https://flic.kr/p/8L4egi. Slide 11: NobMouse, Contracts, CC BY 2.0 (Oct. 2009), available at https://flic.kr/p/7b8UG9.