3. idea
research
reformulation
•data
preservation manuscript
d i s s e
rights
m i n a t
assignment
i o n
publication peer review
editing
Your intellectual property matters.
4. The long and short of it:
Read and save what you sign.
The library can help.
5. Points of interest
|copyright or patent
Rights – Licenses – Transfer - Permissions
works for hire
scholarly articles v. thesis/dissertation|
7. |Bundle of Copyright(s)| “the work”
to reproduce the work in copies
(e.g., as photocopies or online),
=
to distribute copies of the work;
to prepare translations and other
derivative works; ≠ ü
to perform or display the work publicly;
♬
to authorize others to exercise any of
these rights.
11. $
“publisher”
The only necessary piece the publisher needs?
“License to publish.”
12. Here, Wiley will fully own the work and graciously
returns some rights to the author. Ok, but not the
best case scenario.
13. The good news? All contracts are negotiable. (Google “SPARC Addendum”).
You own what you create.
“the work”
||
Contracts are negotiable.
“transfer ÷
agreement”
“copyright addenda”
14. |copyright or patent
Rights – Licenses – Transfer - Permissions
works for hire
scholarly articles v. thesis/dissertation|
A brief note:
“Works for hire” – scholarly works (Articles, books, creative scholarship) are most often
exempted from being considered works for hire. Online resources, syllabi, test materials and
more, referred to as “University Sponsored Educational Materials,” are claimed as works for
hire, meaning the University owns the copyright. Bottom line: Read your contract and know
what the intellectual property guidelines are at your institution.
15. You own what you create.
“the work”
Your intellectual property matters.
“the work”
Consideration of future uses is key.
16. Publication and dissemination Personal use
Sharing with peers Promotional literature;
Self publishing (posting on own web site or Presentation at a conference.
departmental web site);
Posting to an institutional or national digital Future reuse
repository; Reuse in future publications and other projects
Republishing. e.g. a dissertation;
Expanding into book form;
Educational/instructional uses Adaptation.
Any teaching or tutoring including lecturing or
class room use; Preservation
Course packs; Long term accessibility;
Distance teaching and learning; Depositing in a searchable archive.
E-learning environment e.g. intranet site or
VLE restricted to registered students or sub- Protection of Intellectual Property Rights
groups thereof. Right to be named as the author on the work;
Maintain the integrity of the work;
Research Uses Protection against plagiarism;
Use in authors’ research; Protection against unlawful copying;
Sharing with peers in non-commercial research Protection against infringement.
network.
Potential future uses that may be impinged upon.
“the work” Information from JISC “Listing of Elementary Rights.”
17. the benefits
for the author for the community
• Greater visibility/usability for • Library as partner
scholarly work • Public access to new knowledge
• Potential for greater • Increased profile (prestige) of the
(measureable) impact institution
• Quicker dissemination and • Potential cross/trans/inter-
evaluation disciplinary collaboration
• Managed organization of your • Participation in evolving methods
publication record of scholarship
• Participation in evolving methods
of scholarship
18. Questions? – mvandegrift@fsu.edu
Resources:
• Negotiating Copyright
Transfer Agreements – U Search:
of Oregon “SPARC”
• JISC Copyright Toolbox “FSU guides open
access”
• Copyright and Author’s
“hacking the
Rights – Kevin Smith academy”
(OASIS) “cost of knowledge”
• Scholarly Communications createchange.org
Librarian on campus! Creative Commons
Editor's Notes
Caveat: I’m not a lawyer, and this is not legal advice. Seek counsel if you have questions.
Copyright provides the default rules regarding the ownership and use of creative works. These can be changed or altered by private agreements – contracts – between parties. Copyright is actually a bundle of rights. Not one. You (the author) have sole ownership in the object from the time it is permanently fixed in a tangible form.
The good news. Retaining rights allows for greater use and reuse of your work. Copyright Addenda are available.
“Works for hire” – scholarly works are most often exempted from being considered works for hire. Articles, books typically exempt. Online resources, syllabi, test materials, “University Sponsored Educational Materials” are claimed as works for hire. This is where patents get a little iffy also. Read your contract and know what the intellectual property guidelines are at your institution.
The benefits of a working knowledge of your rights as an author.