Know Your (Copy)rights as an Author The Campaign for McMaster University The Campaign for McMaster University Know Your (Copy)rights as an Author Sarah O’Byrne & Anne Pottier www.copyright.mcmaster.ca December 4, 2013

Legal Disclaimer Nothing in this presentation constitutes legal advice. Some of the slides used were obtained with permission from Brock University’s presentation on Author’s Rights, and from Olga Perkovic’s presentation Digital Commons: an Overview http://digitalcommons.mcmaster.ca/libraries_fp/31/

Outline What rights do you have as an author? What normally happens to my © when I publish? How is Open Access different? Open Access and Institutional Repositories What should I look out for when publishing? Can publishing be affected by grant agreements? Discussion

What rights do you have as an author? Who is an author? I actually wrote, drew, composed or produced the work in question VS I made substantial contributions to the intellectual content of the paper, either in the form of: Conception and design Acquisition of data Analysis & interpretation of data Drafting of manuscript Critical revision of manuscript Statistical analysis Obtaining funding Administrative, technical or material support Supervision

Any substantial intellectual contribution to a work’s composition pursuant to a common design … should, in principle count as co-authorship. - Vaver, Copyright Law

What is Substantial? Not defined in the Copyright Modernization Act CCH Canadian Ltd. v. Law Society of Upper Canada “Copyright protection will exist only where there is a qualitatively sufficient expenditure of authorial effort.” It will exist where there is authorial effort, and such effort is defined in terms of an exercise either in creativity, or in skill and judgment.

Rights as an author Author is first owner of copyright UNLESS…. Unless work produced in the course of employment – then employer owns Unless there is an agreement to the contrary

What does this mean for a McMaster researcher? McMaster Joint Intellectual Property Policy Article 9 9.1 Subject to section 15.4 hereof, the University shall be the nominal owner of all newly created or discovered Intellectual Property arising at any of the Institutions.

HOWEVER… Article 4 – Intellectual Property Article 4.3 Intellectual Property shall not include: copyright in traditional academic materials such as, without limitation, lecture notes, laboratory manuals, articles, books, artifacts, works of visual art, maps, charts, plans, photographs, engravings, sculptures and music, no matter in which format any of the foregoing materials may have been recorded or embodied including, without limitation, a computer readable format, where any of the foregoing material has been created by someone who is an Academic Researcher unless they have otherwise agreed to treat any such material as Intellectual Property hereunder;

A very formal way of saying… …you own the copyright in your research publications!

However what does copyright ownership mean? The right to reproduce a work (or a substantial part of the work) The right to publish a work The right to translate a work The right to communicate a work to the public by telecommunication The right to authorize any of these acts.

What happens to my copyright when I publish? Traditional copyright practices Author transfers © to journal publisher Author retains limited rights, e.g. right to present paper at conference Scope of “reserved rights” varies

Journal of the American Medical Association Example Journal of the American Medical Association

A slightly nicer example… Trends in Cognitive Sciences

What do you get? Right to use Pre-Print or Accepted Author Manuscript for: Personal Use Internal Institutional Use Scholarly Posting Right to use the Published Journal Article for: Pre-print = submitted/pre-refereed version Accepted Author Manuscript = final version (post-review) before publisher formatting

The BEST example Proceedings of the National Academy of Sciences USA (PNAS)

You PNAS Ownership of © Publish Non-exclusive right to: Reproduce Use the work in compilations or other publications Make copies of the work for lectures, classroom instructions or similar uses. Post the work (including the PNAS-formatted PDF) on the author’s web page provided a link to PNAS Online is included Deposit the final manuscript in repositories Publish Reproduce Distribute Transmit Display Store Create derivative works Use the work in any form … And permit others to do any of the above …

Open Access Author (generally) retains © Author grants publisher a non-exclusive licence to publish, i.e.: Publisher may publish, translate, adapt etc. but Author may also publish, translate, adapt etc. … Often relies on Creative Commons licences

The Creative Commons copyright licenses and tools forge a balance inside the traditional “all rights reserved” setting that copyright law creates. Every license helps creators — ‘licensors’ retain copyright while allowing others to copy, distribute, and make some uses of their work (at least non-commercially). Every Creative Commons license also ensures licensors get the credit for their work they deserve. Every Creative Commons license works around the world and lasts as long as applicable copyright lasts

CC Licenses ‘Author’s Rights’ Attribution Attribution-Share Alike Attribution-No Derivatives Attribution-Non Commercial Attribution-Non Commercial-Share Alike Attribution-Non Commercial-No Derivatives

Open Access: Two Venues OA Journals (Gold OA) = conduct peer-review and make contents freely available OA Repositories (Green OA) = do not conduct peer-review, but make contents freely available OA Repositories may contain Preprints = version of an article before peer-review Postprints = version of an article after the peer-review process, but before copy-editing/final layout (publisher’s PDF)

Open Access Repositories Organized by discipline/subject or institution (aka Institutional Repository) e.g. Digital Commons @ McMaster Most OA repositories comply with the Open Archives Initiative, Protocol for Metadata Harvesting (OAI-PHM), which permits libraries to extract metadata into catalogue While best known for archiving theses, Institutional Repositories might also contain articles, working papers, reports, presentations and other materials not published elsewhere

Benefits to OA Repositories Materials take minutes to deposit and can be done by individuals OAI standards enhance searchability and visibility of materials, which allows data to interoperate between different computer systems Expose content to a worldwide audience which may transfer into higher impact or citation rates for authors Helps university raise its research profile Provides for long-term preservation of materials Allow scholars to retain ownership of their works

Digital Commons @ McMaster McMaster’s IR includes the research and scholarly output of the university Range of materials in the IR: Over 17,000 works, mainly text Theses (8,000+), both Masters and PhD’s Journals (15) – some peer-reviewed; some hybrid Capstones and Major Research Papers (MRPs) Small collection of articles, books, conference presentations, newsletters, calendars and task force reports Content produced by Research Centres eg. McMaster Health Forum

Digital Commons @ McMaster General Statistics (as of December 3, 2013) 17,521 papers to date 2,704,639 full-text downloads to date 1,141,164 downloads in the past year Discipline Wheel – browse by subject digitalcommons.mcmaster.ca

Additional Features Advanced Search / Peer Review Search “Follow” authors, publications or disciplines Author Dashboard Receive an email alert when your item is downloaded View the institution, search terms used to access your item Request usage report For more information on our IR, please contact: Olga Perkovic Research & Advanced Studies Librarian perkovi@mcmaster.ca, extension 26077

What should I look out for when publishing? It depends… Right to incorporate paper in other works - e.g. thesis, conference paper, book … Right to use in teaching Right to share with colleagues Distinctions between pre-print, post-print etc. Embargo periods Right to post in institutional repositories

What can I do if I don’t like the publishing terms? CLARIFY AND NEGOTIATE!

Clarify rights with publisher If you don’t have the rights you want, ask! Consider using author addendums: SPARC Author Addendum (http://www.arl.org/sparc/author/addendum.shtml) Scholar’s Copyright Addendum Engine (http://scholars.sciencecommons.org/) Most effective technique – strike out unwanted terms / write in and initial changes

Can my grant agreements affect publishing? SSHRC, CIHR and the NSERC are developing a harmonized policy on access to research publications. From October 15 to December 13, 2013, SSHRC and NSERC will consult with a wide range of stakeholders in the research community on the draft document titled the Tri-Agency Open Access Policy. The harmonized policy is modeled after the CIHR Open Access Policy, which remains unchanged and continues to be mandatory. For more information, please contact openaccess@sshrc-crsh.gc.ca.

As of January 1, 2013, researchers awarded funding from CIHR are required to adhere with the following responsibilities: • ensure that all research papers generated from CIHR funded projects are freely accessible through the Publisher's website or an online repository within 12 months of publication; • deposit bioinformatics, atomic, and molecular coordinate data into the appropriate public database (e.g. gene sequences deposited in GenBank) immediately upon publication of research results; • retain original data sets for a minimum of five years (or longer if other policies apply); • and acknowledge CIHR support by quoting the funding reference number in journal publications.

Who to Contact Legal Library Sarah O’Byrne / Copyright Officer sobyrne@mcmaster.ca, extension 28640 Library Anne Pottier / Associate University Librarian Chair, Copyright Advisory Group pottier@mcmaster.ca, extension 22410 Digital Commons / Institutional Repository Olga Perkovic / Research and Advanced Studies Librarian perkovi@mcmaster.ca, extension 26007 http://www.copyright.mcmaster.ca

McMaster University Copyright The Campaign for McMaster University The Campaign for McMaster University QUESTIONS? McMaster University Copyright copyright@mcmaster.ca www.copyright.mcmaster.ca