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A key to maximizing impact Kevin L. Smith Duke University
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A faculty web site and a “cease and desist” letter. “The Gene Wars” & the future of an academic book on Google.
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1. Explosion of new technologies create all sorts of opportunities for scholarly communications. 2. Copyright became automatic in 1992, just as the Internet was coming into common use.
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It “follows the pen.” ◦ “Showers down” as original expression is fixed in tangible form No “formalities” needed! Registration has advantages, but is not a prerequisite for protection.
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The author does! Who dat? Usually, the one who creates the expression. ◦ But there are two “quirks:” Work for hire – the employer as author Gov’t $$ ≠ WFH Joint authorship – equal and undivided shares.
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Usually do not claim work for hire. ◦ Copyright, at least in traditional scholarship, stays with faculty members. Often claim some interest in or right to use other kinds of work. ◦ Syllabi, courseware, software, administrative works, lecture capture. ◦ Scope of your rights partly defined by these policies
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Limited exclusive right to control: ◦ Copying, distribution, public performance, public display and derivative works. Protection for expression, but not ideas ◦ Plagiarism not the same as © infringement Facts, raw data, not subject to © protection in U.S. ◦ But selection & arrangement can get “thin protection.”
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Copyright is a property right that is ◦ Alienable You can sell it, give it away, even “rent” it out. Transfer (aka “assignment”) v. licensing. ◦ Divisible Divide up different rights. Give same right to multiple people (non-exclusive license). Specify time periods for licenses.
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Treat it as an asset. Think about future uses of your work. Manage © in ways that are in your best interest. ◦ Must you transfer your copyright? ◦ Even after transfer, authors usually retain some rights. Use in teaching, sharing with colleagues, distribution on web sites, derivative works & academic re-use
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Higher citation rates, more readers. Better access, especially for those not affiliated with large universities. Branding for you and your institution. Discovery/collaboration opportunities across campus & across the globe. New areas of research (i.e. data & text mining).
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Stable URLs for works of faculty authorship. Preservation (at least, better odds). Linkage with mandatory reporting or deposit requirements. Ability to associate data, multi-media objects with published research. Digital services for researchers. ◦ Profiles, metrics, new data sets.
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Harvard A&S faculty adopted OA policy in ’08. Other faculties and institutions followed. ◦ Some failures or ongoing controversies. Duke has had OA policy for Law School for 11 years. Policy proposal currently before whole faculty at Duke. ◦ Support from Provost, Deans & Executive Council. ◦ Many conversations going on.
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Give institution an immediate license in all scholarly articles for OA dissemination. Non-exclusive, royalty-free Waived upon request ◦ Default becomes opt-out, rather than opt-in. Will accommodate embargoes. Calls on library to develop and monitor service that is convenient for faculty.
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Is the institution trying to steal my rights? ◦ Helping manage rights in a new environment Isn’t this a redundant effort, given NIH policy? ◦ Lots of research not funded by NIH; PMC does not offer services to individual authors. Will I still be able to publish in the best journals in my field? ◦ Waiver & embargo ensure no restrictions Will this put journals out of business? ◦ ~70% already allow “self-archiving”
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Discomfort with multiple versions. Will the policy create extra work for me, the researcher? ◦ Journal negotiations ◦ Functional issues re. deposit Who will pay for the extra work for the repository? ◦ Will more of my grant go to indirect costs?
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Benefits of open access ◦ For individual researchers ◦ For scholarship ◦ For society Public policies moving toward OA ◦ NIH, OSTP, FRPAA Universities and faculty should manage, not ignore, this change. ◦ “Those who are not at the table are probably on the table.”
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