Know Your Rights: Publishing and Author Agreements Stephanie H. Wical Assistant Professor Periodicals and Electronic Resources Librarian W. D. McIntyre Library, UWEC Greg Kocken Assistant Professor Head, Special Collections & Archives W. D. McIntyre Library, UWEC October 27, 2011

Know Your Rights: Publishing and Author Agreements COPYRIGHT You, the author, are the copyright holder unless (or until) you transfer copyright to another party.

Know Your Rights: Publishing and Author Agreements COPYRIGHT opyright gives you exclusive rights to:  Reproduction  Distribution  Public Performance  Public Display  Modification of the original work

Know Your Rights: Publishing and Author Agreements COPYRIGHT The copyright holder controls the work. If your publication agreement transferred copyright, you may not be able to:  Place the work on D2L or a website  Copy the article for students or colleagues  Deposit it in an institutional repository  Re-use portions in another work

Know Your Rights: Publishing and Author Agreements OPEN ACCESS As an author, you want your research to have the widest possible distribution and largest possible impact within your scholarly community. Open Access can help scholars achieve these goals

Know Your Rights: Publishing and Author Agreements OPEN ACCESS  Freely available via the Internet  Users can read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose  The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited.

Know Your Rights: Publishing and Author Agreements OPEN ACCESS  Two Roads: Green and Gold Green Road: Authors publish in any journal and then self-archive their article through an Institutional Repository, subject repository or personal webpage. Gold Road: Authors publish in an open access journal

Know Your Rights: Publishing and Author Agreements OPEN ACCESS is the University of Wisconsin System’s Institutional Repository. It is an open access option which can help widely disseminate research. Authors who do not control copyright may not be able to deposit research in

Know Your Rights: Publishing and Author Agreements OPEN ACCESS Transferring copyright does not have to be all or nothing!

Know Your Rights: Publishing and Author Agreements COPYRIGHT American Geophysical Union (AGU) Copyright Agreement I have the consent of each author to transfer copyright of the article referenced above. I hereby assign and transfer to the American Geophysical Union copyright and all rights under it. I further confirm that this article has not been published previously elsewhere, nor is it under consideration by any other publisher.

Know Your Rights: Publishing and Author Agreements COPYRIGHT The Copyright Law enacted in 1978 requires the American Geophysical Union to obtain specific rights to articles published. American Geophysical Union (AGU)

Know Your Rights: Publishing and Author Agreements SELF-ARCHIVING AGU and Institutional Repositories *Notice the embargo period.

Know Your Rights: Publishing and Author Agreements COPYRIGHT What does a publisher really need? A publisher only needs to have your permission to publish your article. A publisher does not need to be the copyright holder to publish your article.

Know Your Rights: Publishing and Author Agreements SELF-ARCHIVING Source American Geophysical Union (AGU)

Know Your Rights: Publishing and Author Agreements SELF-ARCHIVING Green Publisher? Source SHERPA/RoMEO - Definitions and Terms - Publisher copyright policies & self-archiving p?la=en&fIDnum=|&mode=advanced&version= #colours

Know Your Rights: Publishing and Author Agreements PUBLISHER POLICIES SHERPA/RoMEO Source

Know Your Rights: Publishing and Author Agreements PUBLISHER POLICIES SHERPA/RoMEO A search for Wiley’s policies

Know Your Rights: Publishing and Author Agreements OPEN ACCESS SHERPA/RoMEO “RoMEO is part of SHERPA Services based at the University of Nottingham. RoMEO has collaborative relationships with many international partners, who contribute time and effort to developing and maintaining the service. Current RoMEO development is funded by JISC.” Source fIDnum=|&mode=advanced&la=en

Know Your Rights: Publishing and Author Agreements OPEN ACCESS SHERPA “The original SHERPA partnership was formed for the SHERPA project ( ) and drew from research-led universities with an active interest in establishing an example of a then-new concept - an open access institutional repository.” Source html#partners

Know Your Rights: Publishing and Author Agreements OPEN ACCESS What is JISC? “Historically, the acronym stood for ‘Joint Information Systems Committee’. Over time our role has evolved and our reputation in the UK and internationally has grown.” How is JISC funded? “JISC is funded by all the UK post 16 and higher education funding bodies as well as the Research Councils.” Source

Know Your Rights: Publishing and Author Agreements OPEN ACCESS Source SHERPA JULIET

Know Your Rights: Publishing and Author Agreements PUBLISHER POLICY What does a publisher really need? A publisher only needs to have your permission to publish your article. A publisher does not need to be the copyright holder to publish your article.

Know Your Rights: Publishing and Author Agreements COPYRIGHT TRANSFER Why does Elsevier request transfer of copyright? “The research community needs certainty with respect to the validity of scientific papers, which is normally obtained through the editing and peer review processes. The scientific record must be clear and unambiguous. Elsevier believes that, by obtaining copyright transfer, it will always be clear to researchers that when they access an Elsevier site to review a paper, they are reading a final version of the paper which has been edited, peer-reviewed and accepted for publication in an appropriate journal. This eliminates any ambiguity or uncertainty about Elsevier's ability to distribute, sub-license and protect the article from unauthorized copying, unauthorized distribution, and plagiarism.” Source orsview.authors/rights

Know Your Rights: Publishing and Author Agreements COPYRIGHT TRANSFER Why is it important to sign a Copyright Transfer Agreement or Exclusive License? Source or/faqs_copyright.asp#1.6 Wiley is definitely wily (skilled at gaining an advantage, esp. deceitfully)!

Know Your Rights: Publishing and Author Agreements OPEN ACCESS American Geophysical Union (AGU) Source

Know Your Rights: Publishing and Author Agreements OPEN ACCESS American Geophysical Union (AGU)

Know Your Rights: Publishing and Author Agreements OPEN ACCESS Springer Policies

Know Your Rights: Publishing and Author Agreements OPEN ACCESS From the SHERPA/RoMEO results page for Springer: “This summary is for the publisher's default policies and changes or exceptions can often be negotiated by authors.”

Know Your Rights: Publishing and Author Agreements OPEN ACCESS Scholar's Copyright Addendum Engine Source Scholars.sciencecommons.org

Know Your Rights: Publishing and Author Agreements ADDENDUM Source Scholars.sciencecommons.org

Know Your Rights: Publishing and Author Agreements ADDENDUM Scholarly Publishing and Academic Resources Coalition (SPARC) Source

Know Your Rights: Publishing and Author Agreements ADDENDUM What is SPARC? Source “SPARC®, the Scholarly Publishing and Academic Resources Coalition, is an international alliance of academic and research libraries working to correct imbalances in the scholarly publishing system. Developed by the Association of Research Libraries, SPARC has become a catalyst for change. Its pragmatic focus is to stimulate the emergence of new scholarly communication models that expand the dissemination of scholarly research and reduce financial pressures on libraries.”

Know Your Rights: Publishing and Author Agreements ADDENDUM SPARC ADDENDUM: 4. Author’s Retention of Rights. Notwithstanding any terms in the Publication Agreement to the contrary, AUTHOR and PUBLISHER agree that in addition to any rights under copyright retained by Author in the Publication Agreement, Author retains: (i) the rights to reproduce, to distribute, to publicly perform, and to publicly display the Article in any medium for noncommercial 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. For example, Author may make and distribute copies in the course of teaching and research and may post the Article on personal or institutional Web sites and in other open-access digital repositories. Source c/Access-Reuse_Addendum.pdf

Know Your Rights: Publishing and Author Agreements CREATIVE COMMONS LICENSE Another Option: Source nses/by/3.0/legalcode

Know Your Rights: Publishing and Author Agreements CREATIVE COMMONS LICENSE Source

Know Your Rights: Publishing and Author Agreements MODIFY THE CONTRACT § 201. Ownership of copyright (a)Initial Ownership. — Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work. § 204. Execution of transfers of copyright ownership (a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent

Know Your Rights: Publishing and Author Agreements NEGOTIATING We will help you if you would like to negotiate the copyright transfer agreement! Where to go for help

Know Your Rights: Publishing and Author Agreements RESOURCES SHERPA RoMEO  SHERPA JULIET  SPARC (Scholarly Publishing and Academic Resources Coalition)  CIC (Committee on Institutional Cooperation)  DOAJ (Directory of Open Access Journals)   minds.wisconsin.edu CREATIVE COMMONS  Open Access Bibliography ( Charles W. Bailey, Jr.) 

Know Your Rights: Publishing and Author Agreements NEGOTIATING Contact Information: Stephanie H. Wical Greg Kocken