know your rights: publishing and author agreements stephanie h. wical assistant professor...
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Know Your Rights:Publishing and Author Agreements
Stephanie H. WicalAssistant ProfessorPeriodicals and Electronic Resources LibrarianW. D. McIntyre Library, UWEC
Greg KockenAssistant ProfessorHead, Special Collections & ArchivesW. 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
MINDS@UW 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 MINDS@UW
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
http://orrery.us/openaccess/agu
American Geophysical Union (AGU)
Know Your Rights:Publishing and Author Agreements SELF-ARCHIVING
Green Publisher?
SourceSHERPA/RoMEO - Definitions and Terms - Publisher copyright policies & self-archivinghttp://www.sherpa.ac.uk/romeo/definitions.php?la=en&fIDnum=|&mode=advanced&version=#colours
Know Your Rights:Publishing and Author Agreements PUBLISHER POLICIES
SHERPA/RoMEO
Sourcehttp://www.sherpa.ac.uk/romeo/
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.”
Sourcehttp://www.sherpa.ac.uk/romeo/about.php?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 (2002-2006) and drew from research-led universities with an active interest in establishing an example of a then-new concept - an open access institutional repository.”
Sourcehttp://www.sherpa.ac.uk/about.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 http://www.jisc.ac.uk/aboutus.aspx
Know Your Rights:Publishing and Author Agreements OPEN ACCESS
Sourcehttp://www.sherpa.ac.uk/juliet/
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.”
Sourcehttp://www.elsevier.com/wps/find/authorsview.authors/rights
Know Your Rights:Publishing and Author Agreements COPYRIGHT TRANSFER
Why is it important to sign a Copyright Transfer Agreement or Exclusive License?
Sourcehttp://authorservices.wiley.com/bauthor/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
http://orrery.us/node/11
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
Scholarly Publishing and Academic Resources Coalition (SPARC)
Source www.arl.org/sparc
Know Your Rights:Publishing and Author Agreements ADDENDUM
What is SPARC?
Sourcehttp://www.arl.org/sparc/about/index.shtml
“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 digitalrepositories.
Sourcehttp://www.arl.org/sparc/bm~doc/Access-Reuse_Addendum.pdf
Know Your Rights:Publishing and Author Agreements CREATIVE COMMONS LICENSE
Another Option:
Sourcehttp://creativecommons.org/licenses/by/3.0/legalcode
Know Your Rights:Publishing and Author Agreements CREATIVE COMMONS LICENSE
Sourcehttp://jlsc-pub.org/jlsc/
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 http://www.sherpa.ac.uk/romeo/
SHERPA JULIET http://www.sherpa.ac.uk/juliet/
SPARC (Scholarly Publishing and Academic Resources Coalition) http://www.arl.org/sparc/
CIC (Committee on Institutional Cooperation) http://www.cic.net/Home.aspx
DOAJ (Directory of Open Access Journals) http://www.doaj.org/
MINDS@UW minds.wisconsin.edu
CREATIVE COMMONS http://creativecommons.org/
Open Access Bibliography (Charles W. Bailey, Jr.) http://www.digital-scholarship.org/oab/oab.htm
Know Your Rights:Publishing and Author Agreements NEGOTIATING
Contact Information:
Stephanie H. [email protected]
715-836-3508
Greg [email protected]
715-836-3873