Copyright, Publishing and Open Access: What You Need To Know

Elizabeth La Beaud, Digital Lab Manager

Sarah Mangrum, Circulation Librarian

Introductions

What is Copyright?

Set of rights protecting “original works of authorship that are fixed in a tangible form of expression.”

Title 17, U.S. Code

Author’s Basic 5 Rights

1. Right to reproduce

2. Right to prepare derivative works

3. Right to distribute

4. Right to display publicly

5. Right to perform publicly

Copyright is automatic.

© Elizabeth La Beaud

How long does copyright last?

It Depends…

Life of the author + 70 years

What happens for that 70 years? Your estate or heirs inherit your rights.

If the author or death date is unknown, 120 years from date of creation.

Creative Commons Licenses

• Give content creators a way to share their works while still maintaining copyright

• Allow the public to use works, under specific circumstances, without having to pay any license or royalty fees

Photo by Creative Commons / CC BY 4.0

Things to know about Creative Commons Licenses

• EVERY CC license requires that users give appropriate credit or attribution

• CC licensors may not revoke the license unless the terms of the license are not being followed

• There are 6 CC licenses that are available for world-wide usage

• CC licenses last as long as the copyright on the work

Attribution Only: This icon is the basis for all other CC licenses. It requires anyone who uses

the work to give appropriate credit.

ShareAlike: This icon is the foundation for the idea of open-source works. It allows

users to edit or make changes to the original work, but not create derivatives.

No Derivatives: This icon allows users to use the work for ANY purpose as long as the

original work is not changed in any way.

Photos by Creative Commons / CC BY 4.0

Non-Commercial: This icon allows users to add to, modify, change, etc. the original work as

long as it is done in a non-commercial manner.

Types of CC Licenses• Public Domain

• Attribution Only

• Attribution, ShareAlike

• Attribution, No Derivatives

• Attribution, Non-Commercial

• Attribution, Non-Commercial, ShareAlike

• Attribution, Non-Commercial, No DerivativesPhoto by Creative Commons / CC BY 4.0

How to obtain a Creative Commons License

Image by Creative Commons /CC BY 4.0 www.creativecommons.org/choose

Open Access Is…

• Information that is free to read, unrestricted and online

• A movement that aspires to increase access to information and innovation

• About the freedom of information and knowledge

• Made available largely through open access journals, subject specific and institutional repositories, where research is posted online for anyone to access

Advantages of Open Access • Greater visibility and impact of research

• Increased opportunities for collaboration

• Easier access to information for ALL

• Encourages and enables innovation

• Faster than traditional publishing routes

• Contributes to the educational mission of advancing knowledge

Ways to Support Open Access• Use open access resources when conducting research

• Publish works in open access journals

• Submit copies of your work to Aquila and/or to subject specific repositories

• Exercise your author’s rights and copyright

• Consider using an author addendum to secure your rights

• Help launch an open access journal in your field

Types of Open Access• Three basic types of Open Access

• Green: refers to self-archiving in repositories3 basic versions that can be self-archived

• Pre-prints• Post-prints• Publisher’s version

• Gold: refers to articles in fully accessible open access journals

• Hybrid: refers to subscription journals with open access to individual articles usually when a fee is paid to the publisher or journal by the author, the author’s organization, or the research funder.

Publisher Agreements

• Read them.

• Know what rights you are surrendering.

• Know what rights you are retaining.

• Negotiate with the publisher.

Fair Use1. The purpose and character of the use

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4. The potential market effect on the copyrighted work

This is not a checklist. Only courts can legally decide fair use.

Section 107

Additional ResourcesCopyright

• Copyright Search 1978-Present

• Copyright Records Pre-1977

• Copyright Term and the Public Domain in the United States

• U.S. Copyright Office - Copyright Law of the United States

• Public Domain Films

• Orphan Works

• Copyright and Unpublished Material | Society of American Archivists

• Copyright & Fair Use Articles: Stanford Copyright and Fair Use Center

Creative Commons

• History of Creative Commons

• Creative Commons Licenses

• Things to know before licensing

Open Access

• Author's Rights Retention Kit -University of Tennessee Knoxville

• Open Access Overview

Aquila

• Permissions

• Submit Research

• Author FAQ

QUESTIONS?