2. Goals for this session:
● Think through possible future uses of your
creative works
● Understand the limitations imposed by
publishing contracts
● Learn how to approach negotiating your rights
@msu_libraries @_nickoal_ #copyright
3. One Rule to Remember :
you own what you create.
@msu_libraries @_nickoal_ #copyright
4. Your Copyrights
● Protection is automatic once a work is fixed
● Very little creative originality is necessary
● Registration is not necessary
@msu_libraries @_nickoal_ #copyright
5. Who is an Author?
● 3 scholars who do joint research and each
write a section of an article.
● A book author and her editor.
● A photographer and the person whose picture
s/he takes.
● A university librarian who writes a report for a
library association and is paid $1500.
● The PI whose name is listed on a published
article but who wrote no part of it.@msu_libraries @_nickoal_ #copyright
6. Who is the
Copyright Holder?
● The creator is usually the copyright holder.
● If two or more people jointly create a work,
they are joint copyright holders, with equal
rights.
● With some exceptions, work created as a
part of a person's employment is a "work
made for hire" and the copyright belongs to
the employer.
@msu_libraries @_nickoal_ #copyright
7. What Copyright Protects...
Copyright protects:
● Writing
● Choreography
● Music
● Visual art
● Film
● Architectural works
Doesn’t protect…
● Ideas
● Facts
● Titles
● Data
● Patents
@msu_libraries @_nickoal_ #copyright
8. Length of Copyrights
● The bundle of copyrights lasts a long time:
● Life of the author plus 70 years
● Joint works: 70 years after death of last
author
● For works for hire or anonymous works, 95
years from publication or 120 years from
creation, whichever expires first.
@msu_libraries @_nickoal_ #copyright
10. What you might do with
your works...
● Share with colleagues or practitioners
● Make it available to public (or be required to
under an institutional or funder policy)
● Use parts of it yourself, in future work
(including a dissertation)
● Prepare a textbook or other collected volume
of your work
@msu_libraries @_nickoal_ #copyright
11. Copyright is a bundle
of rights :
● The right to reproduce the work
● The right to distribute the work
● The right to prepare derivative works
● The right to perform the work
● The right to display the work
● The right to license the above to third parties
@msu_libraries @_nickoal_ #copyright
12. Don’t give away Copyrights
● In order to publish your work, publishers
need from you the right to publish your work.
● Usually publishers ask you to transfer your
copyright to them.
The work belongs to you until you give your
copyrights away
@msu_libraries @_nickoal_ #copyright
13. Publishing Agreements
● Copyright can be transferred only in writing
● Rights publishers traditionally want:
o Reproduction, distribution, derivatives… everything!
● Rights publishers actually need:
o Right of first publication…that’s it, really.
@msu_libraries @_nickoal_ #copyright
15. Sample :
3. Copyright Transfer. In consideration of the
action of the American Medical Association
(AMA) in reviewing and editing this submission
(manuscript, tables, and figures), I hereby
transfer, assign, or otherwise convey all
copyright ownership, including any and all
rights incidental thereto, exclusively to the
AMA, in the event that such work is published
by the AMA.
16. All or Nothing?
● Understand what you want!
● Read the contract carefully.
● Contact the publisher about changes
● Amend the contract
● Save your contract!
@msu_libraries @_nickoal_ #copyright
17. Amendments
● Specific rights can be bundled or unbundled
by licenses (e.g., Creative Commons) or
addenda (e.g., SPARC) or negotiation
Addendum
Addendum Engine
@msu_libraries @_nickoal_ #copyright
18. If Publisher Still Says “No”
● Consider publishing your work elsewhere
where you can retain the rights you want.
o FYI: Open Access publishers usually do not require
full transfer of copyright
● Publish your work as planned with the
original publisher.
The decision is entirely up to you
@msu_libraries @_nickoal_ #copyright
19. “If...then” :
Secrets of Reuse
By the author
● If full rights retained, then limitless (within
confines of law, that is)
● If some rights retained, then within limits of
negotiated rights
● If no rights retained, then fair use only
@msu_libraries @_nickoal_ #copyright
20. “If...then” :
Secrets of Reuse
By others
● If published open access, then freely
accessible – and possibly more
● If published under a Creative Commons
license, then within limits defined by the license
● If published traditionally, then fair use only
@msu_libraries @_nickoal_ #copyright
21. Take Aways
● We all own copyright until we sign it away
● Contracts are negotiable, including
publishing contracts
● Think ahead to how you might want to use
your work
● Experimentation via CC licenses, attaching
addenda or negotiating isn’t scary and
doesn’t negate peer-review prestige
@msu_libraries @_nickoal_ #copyright
23. This slidedeck is a mashup with slight modifications of the following presentations: Molly
Keener’s ACRL “Copyright 101” ( http://ow.ly/DasLO ), Sarah Shreeves’ “Author Rights :
Securing Future Uses of Your Work” ( http://ow.ly/DaGEd ), and Micah Vandegrift’s
“Introduction to Author’s Rights” ( http://ow.ly/DaHak ).
Editor's Notes
I’m not a lawyer; this is not legal advice.
Moment something is “fixed in a tangible medium of expression.”
Raise your hand if you’re a copyright holder. We all have more copyrights than we know what to do with, and the vast majority of those will never be profitable. And that’s okay, but it makes for a confusing system.
Orphan works. Because copyright lasts so long, there are many many works for which the copyright holder is difficult or impossible to locate. This is especially true of many visual works like photographs, where the photographer’s name may never have been on the photo at all.
Not all rights have to be given away: copyright rights can be broken apart
Addenda are added to copyright transfer agreements and essentially revert rights to the author that he or she desires; lots of examples: SPARC Author Addendum, Scholar’s Copyright Addendum Engine, CIC consortium
Publishers don’t really like addenda, but at least is opening for negotiation
Addenda are added to copyright transfer agreements and essentially revert rights to the author that he or she desires; lots of examples: SPARC Author Addendum, Scholar’s Copyright Addendum Engine, CIC consortium
Publishers don’t really like addenda, but at least is opening for negotiation