Copyright & your research

ERF2011

My name is Claire

I am not a lawyer 

I am a librarian, I study copyright

Digital Collections department

Free digitization services & equipment for faculty/grad 2East, University Library, 8:30-5, M-F

Center for Scholarly Communication & Digital Curation

Publishing, copyright and digital archiving support                             opening in October

What will you create and produce?  

What is copyright?

How do you know when you can use someone else's work? 

 What copyrights will you control?

  

What are your options for managing and sharing your work?

A bit about data and open access...

A tale of three author agreements

Co-authored monograph

All rights in perpetuity, all subsidiary rights, right to grant these rights to others were signed over to the publisher

Chapter in an edited work

I agree this is a work made for hire  In the event it turns out NOT to be a work made for hire, I agree to assign all rights to the publisher

I'm not violating anyone else's rights, and if I do, it's on my head, not the publisher's

Co-authored article in peer reviewed journal

My choice: copyright license or copyright assignment  License: I keep my copyright, give Association right to print, distribute

Assignment: I give all my rights over to the Association in perpetuity

Why do we agree to these terms?

What is copyright?

• What qualifies for protection and when?• What are these "copy" "rights" ?• How long do they last?• Limitations and exceptions

What qualifies and when?

• Copyright protects creative expression of an idea, not the idea itself

• Factual information does not qualify (historical facts, statistics, telephone numbers, etc.)

• Must be fixed in some medium; electronic media qualifies: email, PowerPoint, MSWord, etc.

• As soon as it's fixed, it is copyrighted (by the creator)

What are these “copy” “rights”?

Exclusive rights to … In plan English

Reproduce Make copies

Distribute Sell, give away at conferences, give to your students, make available for downloading on your web site

Create derivative works Make new work from an existing work, screenplay from novel, new presentation based on an old presentation, translation

Display the work publicly Hang a painting in a gallery

Perform the work publicly Theatrical performance, musical performance

Which rights were exercised to create these graphs?

Web of Science

Google Books

A few basic things to remember

• Copyright lasts for life of the author + 70 years (but it was not always thus ... rules have changed over the years)

• If you create it, you own the copyright. You do not have to include a notice or register your copyright, but for more formal works, this is not a bad idea. (U.S. Copyright Office help ... here again, rules have changed over the years)

• You can unbundle your rights, you can transfer your rights• You can share copyright: works of joint authorship• Works for hire: things you produce as part of your regular

employment

Northwestern's copyright policy

"the members of the Northwestern University Academic Community shall own in their individual capacity the copyright to all copyrightable works they create at the University resulting from their research, teaching, artistic creativity, or writing."     • Required to make best effort to grant NU a license to use the material for

"reasonable academic or research purposes of the University" • Stronger claim for instructional materials, University retains right to use• Specific rules about software, patent-related copyrights, things in which the

university has invested extraordinary resources • Classifies administrative documents as works for hire 

http://www.invo.northwestern.edu/policies/copyright-policy

(back to U.S. Copyright Law)

Limitations and exceptions 

• Only the first sale of a copy is under copyright holder's control (109)

• Exception for classroom teaching (110)

• Exceptions for libraries to make copies (108)

• Fair use (107)

Fair use, four factors

• Nature of the usefor profit or non? educational use? criticism?

• Nature of the workhighly creative? published or unpublished?

• Amount and substantiality of the usethe heart of the work? the entire work?

• Market effectdisplacing sales?

What are the rules about incorporating works created by others?1. Is it still under copyright?

if yes then...2. Does an exception (fair use?) apply?

if no, then ... you need to request permissionNightmare scenario: your publisher won't include scans in your book without a signed copyright agreement form ... what do you do?

Your dissertation

http://dissertations.umi.com/northwestern/

ProQuest provides a list of things for which they like to see permissions:• Very long quotations• Reproduced publications

(survey instruments, journal articles, etc.)

• Unpublished works• Substantial chunks of

o Poetry & lyricso Dialogue from dramatic worko Musico Graphical works

• Software developed by someone else

Your dissertation

Standard agreement with ProQuest is a license

Open Access:  Open-access (OA) literature is digital, online, free of charge, and free of most copyright and licensing restrictions.

-Peter Suberhttp://www.earlham.edu/~peters/fos/brief.htm

Contracts: terms you may encounter

• Transfer of all rights in perpetuity• License of certain rights on a nonexclusive basis • Self-archiving restrictions*

o only the pre-peer review copy o you have to wait X months before you can use the

publisher PDFo only if mandated by a funder 

• You can participate in our open access program if you pay an additional author fee

*self-archiving: posting your work on your web page or depositing it in an institutional or a disciplinary repository

Making sense of it all, alternatives, substitutions, etc.

• Creative Commons licenses• SHERPA/RoMEO • Author addenda: CIC, SPARC

Creative Commons

creative commons -Franz Patzig- (http://www.flickr.com/photos/21572939@N03/2090542246/) / A. Diez Herrero (http://www.flickr.com/photos/21572939@N03/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)

American Historical Review

 

Author addenda

• CIC Author Addendumhttp://www.northwestern.edu/provost/about/announcements/cic.html o Unanimously adopted by CIC provosts in 2006, endorsed by Northwestern

Facultyo Key features:

Author has non-exclusive rights to his/her work for academic purposes After 6 months, can make full use of publisher's copy Author has right to grant employing institution rights of reproduction,

distribution, display, etc.• Other addenda:

o Scholarly Publishing & Academic Resources Coalition (SPARC)o Science Commons addenda generatoro Directory of addenda, Open Access Directory

What about data?

Data sharing: rules and norms are different 

Emerging policy area

Mandates from NSF, NIH, NEH-ODH for Data Management Plans, data preservation

(what is data?)

Data sharing (& safekeeping) options• Your school, department • Vault (NUIT)• Institutional repository (NUL)

under development • Your disciplinary repository

o ICPSR (Poli Sci)o OpenContext (Arch)

• Google Dataset Publishing Language

• Insert_your_solution (DropBox, Box.net, Amazon, CrashPlan, etc.)

http://oad.simmons.edu/oadwiki/Data_repositories

Final bits of advice

• Get in the habit of putting a copyright statement (Copyright © 2011, Claire Stewart) on your work, or, even better, a Creative Commons license 

• You control your copyright, don't hesitate to ask for terms that will let you keep the rights you want 

• Keep copies of authors agreements/contracts• If you plan to use someone else's work in your work,

document where you got your copy, when you got it, and the rights as you understand them

• Give some thought to organization of content ahead of time• Keep your data safe: make. lots. of. copies.

You will probably forget everything I've just talked about...

 the only thing you need to

remember is...

My name is Claire

I am here to help

Come find me when you have questions about copyright, authors rights, open access...

you'll find me in 2East

Digital Collections & the Center for Scholarly Communication and Digital Curation 

claire-stewart@northwestern.edu gchat&AIM: claireystew

 

Photo creditsSlide: Center for Scholarly Communication & Digital Curationknow your rights (http://www.flickr.com/photos/keoshi/1336264417/) / Filipe Varela (http://www.flickr.com/photos/keoshi/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)

Slide: Why? Frustration (http://www.flickr.com/photos/14511253@N04/4411497087/) / Andrew Mccluskey (http://www.flickr.com/photos/14511253@N04/) / CC BY 2.0 (http://creativecommons.org/licenses/by/2.0/) Slide: What qualifies and when?Writing (http://www.flickr.com/photos/anotherphotograph/2276607037/) / Tony Hall (http://www.flickr.com/photos/anotherphotograph/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/) Slide: A thought experimentRosvall, M., & Bergstrom, C.T. (2010). Mapping Change in Large Networks. PLoS ONE, 5(1), e8694. doi: 10.1371/journal.pone.0008694  Slide: Limitations and exceptionsLimit velomobile (http://www.flickr.com/photos/velomobiling/308274953/) / Mary (http://www.flickr.com/photos/velomobiling/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)

Photo credits (continued)Slide: Fair usefair use classroom poster draft (http://www.flickr.com/photos/sixteenmilesofstring/2596569134/in/photostream/) / Timothy Vollmer (http://www.flickr.com/photos/sixteenmilesofstring/) / CC BY 2.0 (http://creativecommons.org/licenses/by/2.0/)Slide: Creative Commonscreative commons -Franz Patzig- (http://www.flickr.com/photos/21572939@N03/2090542246/) / A. Diez Herrero (http://www.flickr.com/photos/21572939@N03/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)

Copyright © 2011, Claire Stewart