CRICOS No J a university for the world real R Managing the legal issues: practical steps for handling copyright, IP and other legal issues Kylie Pappalardo Research Officer OAK Law Project Queensland University of Technology

CRICOS No J a university for the world real R A Guide to Developing Open Access Through Your Digital Repository OAK Law Project Published in September 2007 Available online at u.au Licensed under an Australian Creative Commons BY-NC-SA 2.5 Licence

CRICOS No J a university for the world real R Step 1: Repository Deposit Licence the depositor warrants that they are the copyright owner of the submission or have permission from the copyright owner to deposit the submission in the repository the depositor grants to the repository the necessary rights to store the submission and to make in available online for end-users to access and reuse Repository Deposit Licence Author / Copyright Owner Repository

CRICOS No J a university for the world real R Example: QUT ePrints For work being deposited by its own author: In self-archiving this collection of files and associated bibliographic metadata, I grant QUT ePrints a permanent non-exclusive licence to store them and to make them permanently available publicly for free on-line. I declare that I have the authority to grant this right. For work being deposited by someone other than its author: I declare that I have the authority to act on behalf of the author of this work in archiving this collection of files and associated bibliographic metadata; and that the author grants QUT ePrints a permanent non- exclusive licence to store them and to make them permanently available publicly for free on-line; and that I am satisfied that the author has the authority to grant this licence.

CRICOS No J a university for the world real R Step 2: End-User Licence Grants end-users rights of access to material in the repository Requires an end-user to warrant that they will not deal with the material in a way that goes beyond the rights granted by the depositor in the Repository Deposit Licence End-User End User Licence Repository Deposit Licence Author / Copyright Owner Repository

CRICOS No J a university for the world real R Creative Commons Licence A licence which allows open access to material but which may impose restrictions on how that material is used: -Non-Commercial - No Derivatives - Share Alike Repository Deposit Licence Author / Copyright Owner Repository Creative Commons Licence End-User

CRICOS No J a university for the world real R Example: QUT ePrints

CRICOS No J a university for the world real R Authors need to think about: –What uses they want to allow end-users to make of their work, and therefore, which rights they want to grant to end-users; –What conditions or restrictions (if any) they want to impose upon that grant; –Whether they already have the right to grant such a licence to end-users or whether they need to seek permission; and –How they want to go about granting these rights

CRICOS No J a university for the world real R Summary: Author Survey The Issues… There is a lack of understanding by authors about legal rights and copyright in particular Many authors sign publishing agreements without understanding them Many authors do not understand the difference between assigning and licensing copyright There is a lack of emphasis on the importance of open access and depositing work in institutional repositories Authors are not asking publishers the right questions Authors are not confident in their dealings with publishers and publishing agreements

CRICOS No J a university for the world real R Retaining legal rights Failing to appreciate the importance of negotiating legal rights, means that authors may be giving away the rights and opportunities to: –Share their work freely with others –Reproduce their own work in subsequent works (collection of writings, thesis etc) –Use their own work in their teaching –Make their work available online in a repository or on their own website

CRICOS No J a university for the world real R If an author has assigned copyright… They will need to seek permission from their publisher to use or reproduce their own work…and they may even be required to pay a licence fee

CRICOS No J a university for the world real R Summary: Author Survey What do authors want?

CRICOS No J a university for the world real R Our response The OAK Law Project has developed a series of tools and guides to respond to the concerns of authors and to assist institutions in supporting their authors: –Understanding Open Access in the Academic Environment: A Guide for AuthorsKylie –Copyright toolkit –OAK ListAnthony –Sample Publishing Agreement (licence to publish)Scott

CRICOS No J a university for the world real R Understanding Open Access in the Academic Environment: A Guide for Authors OAK Law Project Published in June 2008 Available online at: u Licensed under an Australian Creative Commons BY-NC-SA 2.5 Licence

CRICOS No J a university for the world real R Author Guide Aims to provide practical guidance for academic authors interest in making their work more openly available to readers and other researchers Considers the legal issues in the open access environment: Intellectual property – primarily copyright Contract – publishing agreements Focus on strategic management of legal rights

CRICOS No J a university for the world real R Author Guide Explains: –What is Open Access? Institutional repositories Open Access Journals –Funding bodies and their role in the OA movement –What do publishers think about OA? –The basics of copyright law –Using copyright law to enable open access –Granting rights to end-users Creative Commons Licences

CRICOS No J a university for the world real R Purpose Explain the fundamentals of copyright law so that authors have a better understanding Set out the advantages of open access and institutional repositories for authors at a personal level Promote understanding of funding body policies, institutional open access policies and publishing agreements Empower authors to negotiate their legal rights while still retaining a positive relationship with their publisher

CRICOS No J a university for the world real R Chapter 9: What are your options? Making an informed decision Approaching your publisher What can you do about older works in which you have already assigned copyright? (how do you find out whether you have assigned copyright?) Publishing Agreements –Amending an agreement yourself –Using sample publishing agreements –Using sample clauses ( –Using author addenda

CRICOS No J a university for the world real R Copyright Toolkit for Academic Authors Designed to: –Assist authors in understanding the copyright issues surrounding their work; –Help authors to clarify what legal interests all the different parties – the author, their co-authors, their funding body, their institution and their publisher – have in their work;

CRICOS No J a university for the world real R Copyright Toolkit for Academic Authors Designed to: –Provide a clear picture of the flow of rights and interests in a work as it travels from conception to publication to dissemination –Assist authors in making key decisions about how to deal with copyright in their work so that they retain the rights they want for future use

CRICOS No J a university for the world real R Copyright Toolkit for Academic Authors

CRICOS No J a university for the world real R Questions?

CRICOS No J a university for the world real R To access these resources and for more information, visit our website: For hard copies, me at: