James Madison University June 2012 ACRL Scholarly Communication 101

 At the end of the copyright section participates will:  Understand how copyright arises and identify types of material that are likely to be subject to copyright protection.  Identify the likely copyright owners of academic works and have a reasonable awareness of the rights attendant on such protection.  Be familiar with rights transfer and retention language commonly used in publishing contracts.

Constitution permits copyright in order to benefit creators, in balance with the community Incentive! For academic works, publishers usually get benefit (control & profits) While academic community pays for access) What’s wrong with this picture?

 Academic creators don’t get much money  Incentives (rewards) are external to copyright  Promotion & Tenure, funding, reputation  Academics benefit from access, but traditional publishing models limits access

Publishers use copyright primarily for corporate benefit. They who hold the copyright control access. Digital environment offer many opportunities to those who manage their rights with care.

 Manage (our own) copyright (and teach faculty and students to do the same)  Maintain control of the rights we need and utilize them as needed.  Serve our (authors’) own interests  If we give copyright away, we should do it intentionally

 The creator is usually the initial copyright holder  If two or more people jointly create a work, they are joint copyright holders, with equal rights  With some exceptions, work created as a part of a person's employment is a "work made for hire" and the copyright belongs to the employer

Copyright is a bundle of rights:  The right to reproduce the work  The right to distribute the work  The right to prepare derivative works  The right to publicly perform the work  The right to publicly display the work  The right to license any of the above to third parties

 Copyright exists from the moment of creation, and lasts for the life of the author plus 70 years  You used to need the “©” (little c in a circle), and to register your work with the copyright office, but you don’t anymore Copyright just happens.

 An original work of authorship  Creativity (just a dash)  Fixed in a tangible medium of expression

Copyright protects…  Writing  Choreography  Music  Visual art  Film  Architectural works Copyright doesn’t protect…  Ideas  Facts  Titles  Data  Methods (that’s patent)

 The bundle of copyrights lasts a long time:  Life of the author plus 70 years  For joint works, 70 years after death of last author  For works for hire or anonymous works, 95 years from publication or 120 years from creation, whichever expires first

Works published before 1923 Works published without notice prior to 1977 Works not renewed prior to 1963 Works of the federal gov’t Titles, short phrases & facts IDEAS See for more details about copyright term and the public domainhttp://copyright.cornell.edu/resources/publicdomain.cfm

Balancing four factors in relation to the intended use to determine if a fair use claim can be accepted:  The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;  The nature of the copyrighted work;  The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and  The effect of the use upon the potential market for or value of the copyrighted work. But for open sharing of works, Fair Use is quite limiting, (even under normal conditions for classroom and educational uses it is limiting).

 Protection is now automatic once a work is fixed  Very little creative originality is necessary  Registration is not necessary  “Works made for hire” vest copyright with the institution/organization, not the author  FYI: colleges & universities usually do not claim copyright in faculty works  Joint authors each have equal, full copyright

 Copyright can only be transferred (“assigned”) in writing.  Licensing allows specific rights to be retained:  Authors keep copyright and license other rights (e.g., first publication)  Publishers take copyright and license rights back (e.g., reproduction, derivatives)  Addenda can be added to publication agreements to negotiate rights retention

 Licenses are contracts that allow others to exercise some right that the licensor owns.  A non-exclusive license can be transferred verbally (but writing is better);  May carry conditions and limitations  It can LOOK like copyright transfer, especially if exclusive.  Copyrights can be unbundled and divided up in countless ways

 Rights publishers traditional want:  Reproduction, distribution, derivatives…ALL!!  Rights publishers actually need:  Right of first publication…that’s it, really  Specific rights can be managed by licenses (e.g., Creative Commons) or addenda (e.g., SPARC) or negotiation  Open Access publishers usually do not require full transfer of copyright

 By the author  What reuses are important?  Distribution to colleagues, teaching, web access, conference presentation, republication  If specific rights retained, reuse is possible  If no rights retained, then fair use only  By others  If published open access, then freely accessible – and possibly more  If published under a Creative Commons license, then within limits defined by the license  If published traditionally, then fair use only

 If you don’t ask, you don’t get  Even if you don’t succeed, it is useful to ask  Think about what you need  Read the agreement  Consider addenda (and learn from them!)  Work with your editor or publisher Know what you want to accomplish!

 Excellent example of a license facilitating sharing beyond copyright.

 We all own copyright until we sign it away  Contracts are negotiable, including publishing agreements  Think ahead to how you might want to use your work  Experimentation via CC licenses, attaching addenda, or negotiating isn’t scary and doesn’t negate peer-review prestige

 Indicators of author friendly or unfriendly contracts.  The author, hereinafter referred to as “chopped liver”  Copyright transfer v. “exclusive” or “non-exclusive” licenses.  What versions of the article can the author do what with?  classroom use, redistribution, website posting, repository posting, giving talks at conferences with the work  Embargoes (delayed release periods), and conditions?

 A PI is listed as a contributing author, even though her direct contributions came through lab research, not writing.  A graduate student wishes to publish several chapters from her thesis, which will be archived in the university’s ETD collection, as articles.  A faculty member has created a website from class work and includes material from former students.

This work was created by Molly Keener for the 14 th ACRL National Conference, Scholarly Communication 101 workshop, and last updated by Molly Keener and Kevin Smith on October 20, Ada Emmett & Kevin Smith made revisions and added new slides in May This work is licensed under a Creative Commons Attribution Non-Commercial Share Alike 3.0 United States license: