Open Access Copyright Philip Young Gail Mc

Open Access & Copyright Philip Young Gail Mc. Millan University Libraries, Virginia Tech Oct. 21, 2013

Introduction to Open Access Philip Young University Libraries www. lib. vt. edu/openaccess blogs. lt. vt. edu/openvt

Scholarly Communication 1. 2. 3. Do research, write article Give publisher free content, free peer review, free editorial services Buy back content 1. With many potential readers excluded 2. With lost control over our own work 3. At high prices and 8% annual inflation

Who are we excluding? n n n Colleagues Scholars in the developing world Independent researchers Virginia taxpayers Students who graduate

What control are we losing? n n n Ownership Finer control over permissions Ability to use in teaching

What are the costs? n n Monopoly market Prices rise faster than CPI Large publishers are among the most profitable businesses in the world Journals take up more of library budgets, less money for monograph purchases

What is Open Access? “…digital, online, free of charge, and free of most copyright and licensing restrictions” -Peter Suber The Internet + Permissions

Advantages of Openness n n n Scholarly information is a public good Increase in “visibility, retrievability, audience, usage, and citations” Text and data mining Research integrity Scales with growth in research Unforeseen benefits

Misunderstandings n n Not intended for patentable or royaltygenerating works Not a way to bypass peer review Not an assertion that publishing is costfree Not all open access means publishing in an open access journal, or paying a publication fee

Two Roads to Open Access n Self-archiving (Green OA) – Depositing a pre-print or post-print in your university or disciplinary repository (e. g. VTech. Works, ar. Xiv, Re. PEc) n OA publishing (Gold OA) – Publishing an article in an open access journal (e. g. PLo. S, Peer. J, F 1000 Research)

Self-archiving (Green OA) Benefits: n. Access for all n. You control license n. Citations n. Statistics n. Preservation n. All of your work in one place

Self-archiving (Green OA) Problems: n Voluntary efforts don’t scale n Not the version of record n Usually requires journal permission – Read contract – Check SHERPA-Ro. MEO for publisher policies http: //www. sherpa. ac. uk/romeo/

Self-archiving (Green OA)

Self-archiving (Green OA) If not explicitly permitted:

OA publishing (Gold OA) Benefits: n Access for all n Version of record n Greater visibility/citations n Some use CC licensing n Directory of Open Access Journals (doaj. org)

doaj. org

Altmetrics

OA publishing (Gold OA) Problems: n Often not highest prestige n Publishing fees (30% of OA journals) n “Predatory publishers”

Avoiding predatory publishers n n n Assess website, articles, editorial board Red flags: multiple journals launched at once, irregular publishing, lack of focus, few articles published, high fees DOAJ listing, digital preservation OASPA members: http: //oaspa. org/membership/members/ Scholarly Open Access blog http: //scholarlyoa. com/

Virginia Tech Mission Statement Virginia Polytechnic Institute and State University is a public land-grant university serving the Commonwealth of Virginia, the nation, and the world community. The discovery and dissemination of new knowledge are central to its mission. Through its focus on teaching and learning, research and discovery, and outreach and engagement, the university creates, conveys, and applies knowledge to expand personal growth and opportunity, advance social and community development, foster economic competitiveness, and improve the quality of life.

OA Services at Virginia Tech www. lib. vt. edu/openaccess n n n Subvention fund Institutional discounts Journal software and hosting VTech. Works for archiving Copyright guidance Assisting with digital projects (Port)

What you can do n n n n Archive your articles, data, presentations, syllabi, reports, white papers in VTech. Works Read contracts and use addenda to gain selfarchiving rights Consider a departmental, college, or university-wide policy on article archiving Publish in an open access journal Apply for publication funding and spread the word about the library’s OA fund Start an open access journal Help change P&T guidelines

Gratis and Libre n Gratis OA removes price barrier – But permission needed to exceed Fair Use n Libre OA removes price and permissions barriers – Determined by author or journal

Licensing

How open is it?

Copyright in Research and Scholarship http: //scholar. lib. vt. edu/copyright/ Gail Mc. Millan gailmac@vt. edu Director, Center for Digital Research and Scholarship Services October 21, 2013

U. S. Constitution Article I Section 8 Clause 8 § [The Congress shall have power] "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. "

Copyright Law: U. S. Code, Title 17 § § Section 102: Original authorship stabilized – – when fixed in a tangible medium of expression [not phone numbers, short phrases, etc. ] Section 106: Exclusive rights of creators Limitations to exclusive rights § Section 107: Fair use Library services § Section 108 http: //scholar. lib. vt. edu/copyright/

Who owns the copyright? § Creators of original works § Creators' assignees § Employers: works for hire § Explicit, e. g. , job description § Is the work we do owned by Virginia Tech? • http: //www. research. vt. edu/intellectual-property • virginia-tech http: //www. research. vt. edu/sites/research. vt. edu/file s/who_owns. IP. pdf

VT Policy 13000 http: //www. policies. vt. edu/13000. pdf n n Traditional results of academic scholarship Contributes to the “university's benefit by its creation and by continued use by the university in teaching, further development, and enhancement of the university's academic stature” – Presumption of ownership is to the author • unless there is explicit evidence that the work was specifically commissioned by the university – University’s rights are limited to free (no cost) use in teaching, research, extension, etc. in perpetuity.

Copyright holders control § Reproduction § Modification § Distribution § Public performance § Public display EXCEPT…

Permission or license to use a copyrighted work is NOT required if § Public domain – Does not mean publicly accessible Internet/Web – Intellectual property not owned or controlled by anyone • US government documents • It’s well aged; see timeline http: //www. unc. edu/~unclng/public-d. ht – 70 years after the creator passed on – 95 years after the work-for-hire was published, or – 120 years after the creation of the work-for-hire n Fair Use

Fair Use Myth It's OK--it's for educational purposes. Before using someone else's work without permission, weigh ALL 4 FACTORS Tools to help: - VT Fair Use Analyzer http: //etd. vt. edu/fairuse/analyzer/ - Fair Use Evaluator (ALA) http: //librarycopyright. net/resource s/fairuse/ 1. Purpose and character of use 2. Nature of the work 3. Amount and substantiality 4. Effect

1. Purpose and character of use § Commercial or educational use § Profit or not § Criticism, commentary, news reporting, teaching, scholarship, research § Transformative, value added FAIR USE 1 of 4

2. Nature of the copyrighted work § Worthy of (extensive) protection? § Not a quality judgment. § Can it legally be protected by copyright? § Character of the work? – Fact or fiction • Published facts weigh in favor of fair use • Unpublished original expressions weigh in favor of seeking permission FAIR USE 2 of 4

3. Amount and Substantiality § Use only what is necessary § In relation to whole work § Quantity § Quality FAIR USE 3 of 4

4. Effect § Will your use reduce the value of the original work? § Harm to the market § Real § Potential FAIR USE 4 of 4

Fair use: weigh all factors § Tools to help § VT Fair Use Analyzer § Fair Use Evaluator § Did the scales tip in favor of fair use? § If not – Modify your use – Use library services: Title 17 U. S. C. Sec. 108 § Reserves § Why not use Scholar? – Ask for permission

Sherpa. Ro. MEO § publisher copyright & self-archiving policies § http: //www. sherpa. ac. uk/romeo/

Copyright permission services § Copyright Clearance Center – http: //copyright. com § Association of American Publishers – http: // www. publishers. org You asked but they never responded. You don’t have permission.

Orphan Works § § Good faith, diligent, but unsuccessful search US Copyright Office report (2006 -01) § The “Orphan Works” Problem (2008 -03 -13) http: //www. copyright. gov/orphanreport. pdf – Marybeth Peters, Register of Copyrights, to House Subcommittee on Courts, the Internet, and Intellectual Property § § http: //www. copyright. gov/docs/regstat 031308. html Legislation, amendments, no vote. Assume it’s copyrighted

Copyright re Libraries: Sect. 108 § Ground Rules § § § Preservation copying Photocopy Services: Copies for private study ILL: copies for Inter. Library Loan § – No commercial purpose – Open to outsiders – Notice on copies http: //www. ill. vt. edu/Copyrightinformation. htm Reserve Services: copies for students in a course http: //www. lib. vt. edu/services/circ-reserve/copyright. html

Copyright Resources at VT CDRS § § § Copyright http: //scholar. lib. vt. edu/copyright/ Library Copyright Policies http: //scholar. lib. vt. edu/copyright/cpolicies. html Fair Use http: //scholar. lib. vt. edu/copyright/cprtfairuse. html Copyright and Authors (inc. ETDs) http: //scholar. lib. vt. edu/copyright/cprtetd. html Request Permission: Sample letter http: //etd. vt. edu/howto/permission. html

Copyright Resources § § § Copyright Advisory Office, Columbia http: //copyright. columbia. edu/copyright/ Crash Course in Copyright (UTAustin) http: //copyright. lib. utexas. edu/index. html US Copyright Office http: //www. copyright. gov/ Copyright Law: Cornell’s Legal Information Institute http: //www 4. law. cornell. edu/uscode/17/ Authors Guild v Hathi. Trust [Chronicle, 10/22/2012] http: //chronicle. com/article/Judges-Decision-Could-Clear/135224/ WIPO Study on Copyright Limitations and Exceptions for Libraries and Archives (Crews, 2008 -2 -26) http: //www. wipo. int/meetings/en/doc_details. jsp? doc_id=109192

Open Access & Copyright Philip Young pyoung 1@vt. edu (540) 231 -8845 Gail Mc. Millan gailmac@vt. edu (540) 231 -9252