Managing the Rights to Your Publications Taylor Davis-Van Atta Digital Scholarship Coordinator, UH Libraries Publisher, Music & Literature: an arts and humanities journal tgdavisv@central.uh.edu

Know your rights as the author. You may… Reproduce your work in physical form (e.g., through photocopying) Distribute those copies Prepare transformative or other derivative works (e.g. translations) Perform or display the work publicly Reuse your work in teaching, future publications, and in all scholarly and professional activities Post your work online License your work (declare how it may be legally used by others) Authorize others to exercise any of these rights

As an author, you can lose the right to… Reuse all or any part of your publication in future work Reuse your data or other supplemental elements (images, charts, tables, graphs, etc.) in future work Make your work available online License your work Distribute copies of your publication to your colleagues, peers, students, and prospective employers

Finding a suitable publisher What life do you want your work to lead once it’s published? Read, read, read… Pay attention to your own workflow and points of discovery Investigate a shortlist of potential journals & discuss with co-authors Are there Open Access journals available in your field? How do their impact rankings compare to peer subscription-based/paywall journals? How do publishers handle data, images, supplemental elements? Grant funder requirements Search publisher and funder policies: Sherpa/Romeo and Sherpa/Juliet

Interrogating journals for indicators of quality Does it have membership under an umbrella agreement (e.g. Committee on Publishing Ethics, Open Access Scholarly Publishers Association)? Staff contact information Turnaround times and peer review policies Who is on the editorial board? Are they affiliated with reputable institutions? Databases in which the journal is indexed, abstracted If the journal is Open Access, how is it funded? Are fees disclosed? Is it listed in DOAJ? Do published articles have permanent identifiers such as Digital Object Identifiers (DOI)? Clarivate Analytics Impact Factor (formerly Thomson- Reuters Journal Citation Reports Impact Factor) If in doubt, consult your UH subject librarian

Publisher contracts, a.k.a. Copyright Transfer Agreements Value the copyright in your intellectual property Scrutinize the publication agreement Look up the definition of any unknown or unclear terminology Agreements are negotiable and publishers are generally used to exchanges with authors over rights Find a balanced approach: it’s not all or nothing

A balanced approached to rights might look like… The Author retains the right to… use and develop her/his own work without restriction increase circulation of the work for education and research purposes receive proper attribution when the work is used deposit the work in an online open access repository where it will be forever available, if desired The Publisher is granted the right to… a non-exclusive license to publish and distribute work receive proper attribution and citation as journal of first publication migrate the work to future formats and include it in collections, indexes, and databases receive a financial return Adapted from SPARC’s “Author Rights: Using the SPARC Author Addendum. Accessed Feb 5, 2018, from https://sparcopen.org/our-work/author-rights/brochure-html/

From Elsevier’s Sample Copyright Transfer Agreement Accessed January 30, 2018 from https://www.elsevier.com/__data/assets/pdf_file/0006/98619/Sample-P-copyright-2.pdf

From Elsevier’s Sample Copyright Transfer Agreement Accessed January 30, 2018 from https://www.elsevier.com/__data/assets/pdf_file/0006/98619/Sample-P-copyright-2.pdf

From Elsevier’s Sample Copyright Transfer Agreement Accessed January 30, 2018 from https://www.elsevier.com/__data/assets/pdf_file/0006/98619/Sample-P-copyright-2.pdf

From Elsevier’s Sample Copyright Transfer Agreement Accessed January 30, 2018 from https://www.elsevier.com/__data/assets/pdf_file/0006/98619/Sample-P-copyright-2.pdf

Under this agreement, can you… Reproduce your work in physical form? Options restricted Distribute those copies? Options restricted Prepare transformative or other derivative works (e.g. translations)? Not without Elsevier’s permission Perform or display the work publicly? Not without Elsevier’s permission Reuse your work in teaching, future publications, and in all scholarly and professional activities? Options restricted Post your work online? Only a pre-publication version, only after applicable embargo period License your work (declare how it may be legally used by others)? No. Authorize others to exercise any of these rights? No.

Accessed January 30, 2018 from https://authorservices.taylorandfrancis.com/copyright-and-you/

Accessed January 30, 2018 from https://www.plos.org/license

Accessed January 30, 2018 from https://sparcopen

Accessed January 30, 2018 from https://sparcopen

Accessed January 30, 2018 from http://sciencecommons

If the publisher rejects the addendum… Explain the importance for you to retain these rights (be specific) Ask the publisher to articulate why the license rights provided under the author addendum are insufficient to allow publication Evaluate the adequacy of the publisher’s response in light of the reasonable and growing need for authors to retain key rights Consider publishing with an organization that will facilitate the widest dissemination of your work Still no? Publish your work as planned and reconsider next time – the decision is entirely up to you! Adapted from SPARC’s “Author Rights: Using the SPARC Author Addendum. Accessed Feb 5, 2018, from https://sparcopen.org/our-work/author-rights/brochure-html/

Accessed January 30, 2018 from http://digitalcommons. unl

Planning for maximum impact Integrate best practices into your research and publishing workflow Date and keep track of your preprints, postprints, and supplemental products (data, charts, visualizations, etc.) Do you homework on prospective journals and their copyright policies at an early stage in the research process Write down what rights you want to retain as you go along and be prepared to negotiate for those rights Post an eligible version of your latest article to an Open Access venue upon acceptance (or as early as stipulated in your contract)

Questions? Contact me directly at anytime: Taylor Davis-Van Atta tgdavisv@central.uh.edu