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Copyright management in open access projects
1. Copyright Management in
Open Access Projects
Iryna Kuchma
EIFL Open Access Programme Manager
Presentation at “Open Access, Knowledge Sharing and
Sustainable Scholarly Communication in Mongolia”
seminar, December 11, 2014, Open Society Forum
www.eifl.net Attribution 4.0 International
2. Practical guidance when
submitting journal
articles
In order to maximize the value of the research you
produce in digital environment, it is important for you to
take an active role in managing the copyrights to your
work.
Copyright protection is automatic (at the moment the
copyrighted work has been “fixed in a tangible medium,”
such as when a written work has been saved on a
computer's hard drive or printed).
(From SPARC Introduction to Copyright Resources: http://bit.ly/mRHQHT)
3. Practical guidance (2)
When you publish in a journal you are typically
asked by the publisher to sign a copyright
transfer agreement, or contract, that describes
the assignment of various rights to the publisher.
Assigning your rights matters.
The copyright holder controls the work.
Transferring copyright doesn’t have to be all or
nothing.
(From Author Rights: Using the SPARC Author Addendum to secure your rights as the author of a journal
article http://bit.ly/cezf0w)
4. A balanced
approach
Authors: Retain the rights you want. Use and
develop your own work without restriction.
Increase access for education and research.
Receive proper attribution when your work is
used. If you choose, deposit your work in an open
online archive where it will be permanently and
openly accessible.
(From http://bit.ly/cezf0w)
5. A balanced approach
(2)
Publishers: Obtain a non-exclusive right to
publish and distribute a work and receive a
financial return. Receive proper attribution and
citation as journal of first publication. Migrate
the work to future formats and include it in
collections.
(From http://bit.ly/cezf0w)
6. Securing your rights
1. The SPARC Author's Addendum preserves rights for
broader use of your research:
http://scholars.sciencecommons.org
2. If your research is funded by the donor with an open
access mandate, the donor usually offers language that
modifies a publisher's copyright agreement to give you the
rights to follow donor's open access policy.
(From SPARC Introduction to Copyright Resources: http://bit.ly/mRHQHT)
7. Deposit Licenses & End User
Licenses
A comprehensive deposit and end user’s license
agreement should cover a number of core topics,
including
a depositor’s declaration;
the repository’s rights &
responsibilities; &
the end-user’s terms & conditions
8. Depositor's Declaration
1. to ensure that the depositor is the copyright owner,
or has the permission of author/copyright holder (if by
proxy) to deposit
2. the author and any other rights holders grant
permission to the host institution to distribute copies of
their work via the internet...
3. the author has sought and gained permission to
include any subsidiary material owned by third parties
9. Repository's rights &
responsibilities
It must be made clear to the submitting author
that through submission of their work the
copyright ownership is unaffected.
One way of doing this is for the deposit license to
begin with the author granting the repository the
nonexclusive right to carry out the additional
acts...
10. End-user's terms and conditions
open access publication: the author(s) &
copyright holder(s) grant(s) to all users a free,
irrevocable, worldwide, perpetual right of access
to, and a license to copy, use, distribute,
transmit and display the work publicly and to
make and distribute derivative works, in any
digital medium for any responsible purpose,
subject to proper attribution of authorship (BBB)
11. DRIVER Guidelines
It is preferred to refer to a rights service where
the reuse rights are made clear to the end-user
by using a URL.
For example the Creative Commons organisation
has created URIs for their different Licenses in the
different Jurisdictions. This can be applied to
create machine-readable usage licenses.
Guidelines 2.0 for Repository Managers and Administrators on how to expose digital scientific
resources using OAI-PMH and Dublin Core Metadata, creating interoperability by homogenising the
repository output: http://bit.ly/mRbQ87
12. DRIVER Guidelines
(2)
Using Creative Commons right services makes the
usage rights much more clear to the end user.
The URL provides the location where the license
can be read. With creative common licenses the
type of license can be recognized in the URL
name itself. A pro for having the license point to
an URL in this way, is that this is machine-
readable.