Digital Video: Know Your Rights: Who Really Owns Your Scholarly Works?

The Scholarly Communication Program at Columbia University Libraries/Information Services has released Know Your Rights: Who Really Owns Your Scholarly Works? (Thanks to Digital & Scholarly.)

Here's the announcement:

In this panel discussion, experts on copyright law and scholarly publishing discuss how scholars and researchers can take full advantage of opportunities afforded by digital technology in today's legal environment, and suggest ways to advocate for positive change. The panelists are Heather Joseph, who has been Executive Director of the Scholarly Publishing and Academic Resources Coalition (SPARC); Michael Carroll, Visiting Professor of Law at American University's Washington College of Law and a founding member of the Board of Directors of Creative Commons; and Director of the Columbia University Copyright Advisory Office Kenneth Crews, whose research focuses on copyright issues, particularly as they relate to the needs of scholarship at the university.

DigitalKoans

Harvard Office for Scholarly Communication and the American Physical Society Agree on Open Access Arrangements

The Harvard Office for Scholarly Communication and the American Physical Society have come to an agreement about how to implement Harvard's open access policies for articles published by Harvard authors.

Here's an excerpt from the press release:

As a result of the new agreement, APS recognizes Harvard's open access license and will not require copyright agreement addenda or waivers, in exchange for Harvard's clarification of its intended use of the license. In general terms, in exercising its license under the open access policies, Harvard will not use a facsimile of the published version without permission of the publisher, will not charge for the display or distribution of those articles, and will provide an online link to the publisher's definitive version of the articles where possible. The agreement does not restrict fair use of the articles in any way.

According to Professor Bertrand I. Halperin, Hollis Professor of Mathematics and Natural Philosophy in the Harvard Physics Department and Chair of the 2008 Publications Oversight Committee of the American Physical Society, "Harvard’s open access legislation was always consistent in spirit with the aims of the APS publication policies, but there were differences in detail that would have required faculty members to request a waiver for every article published in an APS journal. It is a credit both to Harvard and to APS that these differences have been worked out. Since APS journals include, arguably, the most important journals in the field of physics, the fact that faculty will now be able to continue publishing in APS journals without seeking a waiver from Harvard’s policies will strengthen both Harvard and the goal of promoting open access to scholarly publications worldwide."

“‘Publishers Did Not Take the Bait’: A Forgotten Precursor to the NIH Public Access Policy”

Jonathan Miller has published "'Publishers Did Not Take the Bait': A Forgotten Precursor to the NIH Public Access Policy" in the latest issue of College & Research Libraries (access is restricted under the journal's embargo policy).

Here's an excerpt:

This article compares the recent National Institutes of Health (NIH) Public Access Policy (2005-07) with the United States Office of Education policy on copyright in funded research (1965-70). The two policies and the differing technological and political contexts of the periods are compared and contrasted. The author concludes that a more nuanced approach to copyright, the digital information environment, and the support of an energized user community auger well for the success of the NIH policy, but that it is still too soon to tell.

New Report Says Less Than 50% of Publishers Permit Self-Archiving in Disciplinary Archives

A new report from the Publishing Research Consortium, Journal Authors' Rights: Perception and Reality, says that less than 10% of publishers permit self-archiving of the publisher PDF file in any repository and less than 50% permit deposit of the submitted and the accepted article version in a disciplinary archive.

Here's an excerpt:

However, when it comes to self-archiving, although 80% or more allow self- archiving to a personal or departmental website, over 60% to an institutional repository, and over 40% to a subject repository, in most cases this is only permitted for the submitted and/or accepted version; use of the final, published version for self-archiving is very much more restricted.

Author's Rights, Tout de Suite

Author's Rights, Tout de Suite, the latest Digital Scholarship publication, is designed to give journal article authors a quick introduction to key aspects of author's rights and to foster further exploration of this topic through liberal use of relevant references to online documents and links to pertinent Web sites.

It is under a Creative Commons Attribution-Noncommercial 3.0 United States License, and it can be freely used for any noncommercial purpose, including derivative works, in accordance with the license.

The prior publication in the Tout de Suite series, Institutional Repositories, Tout de Suite, is also available.

PubMed Central Deposit and Author Rights: Agreements between 12 Publishers and the Authors Subject to the NIH Public Access Policy

The Association of Research Libraries has released "PubMed Central Deposit and Author Rights: Agreements between 12 Publishers and the Authors Subject to the NIH Public Access Policy" by Ben Grillot, a second-year law school student.

Here's an excerpt from the press release:

To help authors make informed choices about their rights, Grillot compares how the agreements of 12 publishers permit authors to meet the requirements of the recently revised National Institutes of Health (NIH) Public Access Policy and share their works while they are under embargo. . . .

Grillot focuses his analysis on how the agreements differ in: the terms and procedures of deposit of the work, the length of any embargo period, and the rights of the author to use and share the work during the embargo period. . . .

Grillot concludes that the significant variability in publisher agreements requires authors with NIH funding to closely examine publisher agreements and the rights granted and retained when deciding where to publish their research. His analysis of these 12 agreements will help authors determine what to look for in an agreement and what questions to ask before signing.

RoMEO: Now with 400+ Publisher Self-Archiving Policies

SHERPA's RoMEO service now contains over 400 publisher self-archiving policies.

Here's an excerpt from the announcement:

The RoMEO service, provided by the award winning SHERPA Partnership, uses a simple colour-code to classify policies and inform authors of what can be done with their articles, and offers users the ability to:

  • View summaries of publishers' copyright policies in relation to self-archiving
  • View if publisher policies comply with funding regulations, as some publishers are too restrictive and cannot be used to publish funded research
  • To search journal and publisher information by Journal Title, Publisher Name and ISSN

RoMEO is seen as an essential resource by many in the Open Access community. RoMEO is funded by JISC and the Wellcome Trust. Journal information is kindly provided by the British Library's Zetoc service hosted by MIMAS

OAK Law Project Publishes Understanding Open Access in the Academic Environment: A Guide for Authors

The Open Access to Knowledge Law Project has published Understanding Open Access in the Academic Environment: A Guide for Authors.

Here's an excerpt:

This guide aims to provide practical guidance for academic authors interested in making their work more openly accessible to readers and other researchers.

The guide explains, in detail, the principles and features of the open access movement and outlines the benefits of open access, particularly those relating to dissemination, citation impact and academic reputation. It examines institutional repositories and open access journals as tools for implementing open access, and explains how they operate and how they can be best utilised by academic authors. The guide further considers how moves by funding bodies and academic institutions to mandate the deposit of research output into institutional repositories affects authors in today's publishing environment.

The underlying law of copyright is also explained, with a practical emphasis on how authors can best deal with their legal rights to enable open access to their academic work. The guide outlines authors' options for providing open access to their work, including the use of copyright licences and open content models such as Creative Commons licences. A Copyright Toolkit is provided to further assist authors in managing their copyright.

Importantly, the guide addresses how open access goals can affect an author's relationship with their commercial publisher. It provides guidance on how to negotiate a proper allocation of copyright interests between an author and publisher in order to allow an author to deposit their work into an institutional repository and reuse their work. The guide addresses both legal and non-legal issues related to maintaining a positive relationship with publishers while still ensuring that open access can be obtained.

Harold Varmus on the NIH Public Access Policy

NPR has released a digital audio interview with Harold Varmus (Noble Prize winner, President of the Memorial Sloan-Kettering Cancer Center, former Director of the National Institutes of Health, and co-founder and Chairman of the Board of Directors of the Public Library of Science) about the NIH Public Access Policy and open access.

Selected Publisher Policies about the NIH Public Access Policy

The Edward G. Miner Library of the University of Rochester Medical Center has a very useful page (Publishers' Policies on the NIH Public Access Policy) that includes excerpts from selected publisher's policies about the NIH Public Access Policy. However, this page does not include the URLs for the policies.

I've identified the URL's (listed below in the same order as in the original document), provided updates where appropriate, and included the publisher's fee-based open access option if available.

BioOne Model Author Agreement Released

BioOne has released its Model Author Agreement. An Informational Sheet is also available.

Here's an excerpt from the press release:

BioOne (www.bioone.org) is pleased to announce the release of a model publication agreement that addresses current trends in copyright assignment and requirements by NIH and other funding agencies for digital repository deposits. While the Agreement was developed at the request of several BioOne publishers, it may be of interest to any scholarly publishing organization that is seeking a clear, concise, and legally vetted publication agreement.

In March 2007, the legal firm Morrison & Foerster LLC (www.mofo.com) generously agreed to provide pro bono legal assistance to BioOne in drafting a Model Publication Agreement. Ms. Pamela Pasti, Of Counsel in the Technology Transactions Group of Morrison & Foerster's San Francisco office, was assigned to the project. Over the course of the following year, Ms. Pasti worked with BioOne to review existing publication agreements, notable author's addenda, and articles describing emerging trends in copyright law as it relates to academic publishing.

The resulting agreement allows author(s) to retain copyright, while granting the publisher both a temporally limited and exclusive right to first publish, and a perpetual, non-exclusive right to publish, distribute, and sublicense. In response to NIH's Public Access Policy (passed by Congress in December 2007) and other institutional and subject repository deposit mandates, the Agreement allows authors to deposit their work in digital repositories directly, or permits the publisher to deposit to the National Library of Medicine on their behalf.

Purdue Faculty Affairs Committee Endorses Addendum to Publication Agreements for CIC Authors

The Purdue Faculty Affairs Committee has endorsed the Committee on Institutional Cooperation's Addendum to Publication Agreements for CIC Authors.

Here's an excerpt from the Addendum:

  1. The Author shall, without limitation, have the non-exclusive right to use, reproduce, distribute, and create derivative works including update, perform, and display publicly, the Article in electronic, digital or print form in connection with the Author’s teaching, conference presentations, lectures, other scholarly works, and for all of Author’s academic and professional activities.
  2. After a period of six (6) months from the date of publication of the article, the Author shall also have all the non-exclusive rights necessary to make, or to authorize others to make, the final published version of the Article available in digital form over the Internet, including but not limited to a website under the control of the Author or the Author’s employer or through digital repositories including, but not limited to, those maintained by CIC institutions, scholarly societies or funding agencies.
  3. The Author further retains all non-exclusive rights necessary to grant to the Author’s employing institution the non-exclusive right to use, reproduce, distribute, display, publicly perform, and make copies of the work in electronic, digital or in print form in connection with teaching, conference presentations, lectures, other scholarly works, and all academic and professional activities conducted at the Author’s employing institution.

Read more about it at "Purdue University Senate Passes CIC Author's Copyright Contract Addendum."

Several Publisher Associations Release Joint Statement on Journal Publishing Agreements and Copyright Agreement Addenda

The International Association of Scientific, Technical & Medical Publishers (STM), the Professional/Scholarly Publishing Division of the Association of American Publishers (PSP), and the Association of Learned and Professional Society Publishers (ALPSP) have released the "STM/PSP/ALPSP Statement on Journal Publishing Agreements and Copyright Agreement 'Addenda'."

Here's an excerpt from the STM press release:

The debate on the rights that authors have (or indeed it is claimed inaccurately, do not have) over their published works continues to rage, and much coverage has been given to purportedly restrictive practices or policies, when in fact they do not exist for the majority of publishers.

The most recent examples surround the vote of the Faculty of Arts and Sciences at Harvard for university ownership and distribution of research papers (February 2008). One advocate of the Harvard policy claims that this step was taken because "the scholarly publishing system has become far more restrictive than it need be [… m]any publishers will not even allow scholars to use and distribute their own work." (See http://www.news.harvard.edu/gazette/2008/02.14/99-fasvote.html).

This is not only an inaccurate perception of the role of publishers and copyright, but also means that advocating authors to modify existing journal publishing agreements with "copyright addenda" is simply a call for needless bureaucracy. . . .

STM publishers invariably allow the authors of journal articles to use their published papers in their own teaching and for educational purposes generally within their institutions. Most journals have policies that permit authors to provide copies of their papers to research colleagues, and to re-use portions of their papers in further works or books. Although some news-oriented science and medical magazines have a few restrictions on pre-publication posting, almost all research journals permit the posting by the author or the author's institution of some version of the paper on the Internet.

Are Publishers Ready for the JISC/SURF Licence to Publish Author Agreement and Its Principles?

The SURFfoundation has published Acceptance of the JISC/SURF Licence to Publish & accompanying Principles by Traditional Publishers of Journals.

Here's an excerpt from the "Management Survey" section (I have added the link to the Licence to Publish):

In 2006, JISC and SURF drafted several Principles and a model Licence to Publish in order to persuade traditional publishers of journals to move in the direction of Open Access objectives. According to these Principles:

  1. the author merely issues a licence to publish instead of transferring his/her copyright.
  2. the author may freely deposit the publisher-generated PDF files of his/her article in an institutional repository, with an embargo of no longer than 6 months.

To set an example, a model Licence to Publish (hereafter: LtP) was drawn up as well. Yet, using the LtP is not a necessary requirement for meeting the—more important—Open Access objectives of the Principles.

This report presents the results of an enquiry by e-mail among 47 traditional publishers of journals. They were asked whether they would support the Principles and/or the LtP, which had first been explained to them. Two Open Access publishers were also asked for a reaction merely out of interest, since they do not belong to the target group. . .

The results showed that a substantial group of one-third of the contacted publishers conforms to the first aspect of the Principles; they make use of a licence to publish instead of a copyright transfer. Furthermore, the same number of publishers (16) already has a repository policy in place which is compatible with the Principles. Moreover, 7 publishers conform to both aspects and thus they endorse all the Principles. The support for the model LtP developed by SURF and JISC, however was low; no publisher did as yet endorse it.

A Review and Analysis of Academic Publishing Agreements and Open Access Policies

The OAK (Open Access to Knowledge) Law Project has published A Review and Analysis of Academic Publishing Agreements and Open Access Policies.

Here's an excerpt from the "Conclusion and Next Steps":

The review of publishers’ open access policies and practices found that:

  • the majority of publishers did not have a formal open access policy;
  • only four of the total sample of 64 publishers surveyed had a formal open access policy;
  • 62.5% of the publishers were able to provide sufficient information to enable them to be “colour classified” using the SHERPA/RoMEO colour classification system to denote levels of open access;
  • using the SHERPA/RoMEO colour classifications:
    • 25% of the surveyed publishers were “green” (permitting archiving of the pre-print and post-print versions of published articles);
    • 4.7% were “blue” (permitting archiving of the post-print version);
    • 6.25% were “yellow” (permitting archiving of the pre-print version);
    • 26.6% were “white” (archiving not formally supported).

SPARC Author Rights Forum Established

The Scholarly Publishing and Academic Resources Coalition has established a new mailing list: the SPARC Author Rights Forum.

Here's an excerpt from the press release:

SPARC (the Scholarly Publishing and Academic Resources Coalition) has introduced a new discussion forum on the topic of author rights. The SPARC Author Rights Forum provides a private and moderated venue for academic librarians to explore copyright and related issues in teaching and research—especially questions arising from the development of digital repositories and recent public access mandates.

The SPARC Author Rights Forum has been established to support educational outreach to authors on issues related to retaining their copy rights. Topics relevant to the list include, but are not limited to:

  • Ensuring copyright compliance with public access policies, including the new National Institutes of Health mandate
  • Rights of faculty under copyright and contract law
  • Availability and use of author addenda
  • Working with publishers to secure agreements to retain needed rights
  • Experiences in developing institutional copyright policies and educational programs

The list will focus primarily on the U.S. and Canadian legal environments, though members of the international community are welcome to join. Educators, researchers, policy makers, librarians, legal counsel, and all who have an interest in responsible author copyright management are encouraged to contribute. The SPARC Author Rights Forum is moderated by Kevin Smith, J.D., Scholarly Communications Officer for Duke University Libraries.

List membership is subject to approval and posts are moderated for appropriate topical content. To request membership in the SPARC Author Rights Forum, send any message to sparc-arforum-feed@arl.org.

NIH Public Access Policy Implementation

On an updated Web page and a FAQ, the National Institutes of Health (NIH) has explained its implementation of the Public Access Policy required by Division G, Title II, Section 218 of PL 110-161 (Consolidated Appropriations Act, 2008).

Here's an excerpt from the NIH Public Access Policy Web page:

How to Comply

Address Copyright

Make sure that any copyright transfer or other publication agreements allow the article to be submitted to NIH in accordance with the Policy.

Submit Article

Authors may submit an article to the journal of their choice for publication.

  1. If you choose to publish your article in certain journals, you need do nothing further to comply with the submission requirement of the Policy. See http://publicaccess.nih.gov/submit_process_journals.htm for a list of these journals.
  2. For any journal other than one of those in this list, the author must:

    a. Inform the journal that the article is subject to the Public Access Policy when submitting it for publication.

    b. Make sure that any copyright transfer or other publication agreement allows the article to be submitted to NIH in accordance with the Policy. For more information, see the FAQ Whose approval do I need to submit my article to PubMed Central? and consult with your Institution.

    c. Submit the article to NIH, upon acceptance for publication. See the Submission Process for more information.

Cite Article

When citing their NIH-funded articles in NIH applications, proposals or progress reports, authors must include the PubMed Central reference number for each article.

Important Dates

  • April 7, 2008 As of April 7, 2008, all articles arising from NIH funds must be submitted to PubMed Central upon acceptance for publication.
  • May 25, 2008 As of May 25, 2008, NIH applications, proposals, and progress reports must include the PubMed Central reference number when citing an article that falls under the policy and is authored or co-authored by the investigator, or arose from the investigator’s NIH award. This policy includes applications submitted to the NIH for the May 25, 2008 due date and subsequent due dates.

Peter Suber has made some helpful comments about the policy implementation in "New FAQ for New NIH Policy" and "Text of the NIH OA Policy."

SPARC Canadian Author Addendum

The Canadian Association of Research Libraries (CARL) and SPARC (the Scholarly Publishing and Academic Resources Coalition) have released the SPARC Canadian Author Addendum.

Here's an excerpt from the press release:

Traditional publishing agreements often require that authors grant exclusive rights to the publisher. The new SPARC Canadian Author Addendum enables authors to secure a more balanced agreement by retaining select rights, such as the rights to reproduce, reuse, and publicly present the articles they publish for non-commercial purposes. It will help Canadian researchers to comply with granting council public access policies, such as the Canadian Institutes of Health Research Policy on Access to Research Outputs. The Canadian Addendum reflects Canadian copyright law and is an adaptation of the original U.S. version of the SPARC Author Addendum. . . .

An explanatory brochure complements the Addendum. Both the brochure and addendum are available in French and English on the CARL and SPARC Web sites and will be widely distributed. SPARC, in conjunction with ARL and ACRL, has also introduced a free Web cast on Understanding Author Rights. See http://www.arl.org/sparc/author for details.