Category: Author Rights

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.