november 30, 2012 laura quilter copyright & information policy librarian university libraries...

November 30, 2012

Laura QuilterCopyright & Information Policy LibrarianUniversity Librarieslquilter@library.umass.edu

Scholarly Communication, Open

Access Publishing, and ScholarWorks

Materials adapted from Marilyn Billings & Sarah Hutton, 2011-12

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Scholarly Communication Trends

“Scholarly Communication Crisis of ’90s”

Increasing amounts of research and scholarship born in digital form

Need to collect and preserve this material

Examine new scholarly publishing models

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Definitions

Peer Review - evaluation of creative work or performance by other people in the same field in order to maintain or enhance the quality of the work or performance in that field

Open Access - unrestricted access via the Internet to articles published in scholarly journals, and also increasingly to book chapters or monographs

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Open Access 101

http://vimeo.com/13686591

Bonus: Scientist Meets Publisher https://www.youtube.com/watch?v=GMIY_4t-DR0

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Publisher

AcademicLibrary

Editor

Peer Reviewers

cost

budget

Serials Crisis

Scholarly Publishing: Traditional

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Publisher

editor

Peer Review

AcademicLibrary

cost

budget

Serials

Crisis

copyrights

grants

university

taxpayers

rewardsnew business

models

OA mandates

open access* *

*

*

*

Source: Lee Van Orsdel’s “Basics” ACRL Scholarly Communication 101 http://scholarlycommunications.wustl.edu/pdf/VanOrsdel-Economics.pdf

Scholarly Publishing: New

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Ways You Can Support Open Access

Choose open access for your papers, theses or dissertation Publish your future articles in open access journals

Know your author rights: Read SPARC Author Rights Retain your rights to post open access versions of your

work in an open access digital repository like ScholarWorks@ UMass Amherst or re-use or own work by attaching the SPARC author addendum to all of your future agreements with publishers.

Contribute your professional services (editing, peer review) to open access journals.

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Know Your Rights!

ARL Scholarly Publishing and Academic Resources Commission (SPARC):

http://www.arl.org/sparc

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Using Copyrighted Works

Ways to use copyrighted works:

Use works that are openly licensed or in the public domain

Apply a copyright exception (such as the fair use doctrine)

Request permission from the copyright holder

Use non-copyrightable aspects of the work—such as the “ideas” or facts in the work.

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Public Domain

A public domain work is a work that is not in copyright and which may be freely used by everyone. 

The major reasons that works are not in copyright include:

(1) the term of copyright for the work has expired; (2) the creator failed to comply with required formalities to

protect the copyright; (3) the work is a work of the U.S. Government; or (4) non-copyrightable work – e.g., a list of facts; a method

or recipe.

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Copyright Slider

http://www.librarycopyright.net/digitalslider/

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The Four Factors of Fair Use

1. The purpose and character of your use

2. The nature of the copyrighted work

3. The amount and substantiality of the portion taken

4. The effect of the use upon the potential market

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Fair Use Factor #1: Purpose / Character of the Use

Transform Duplicate

Non-Profit Profit

FAIR NOT FAIR

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Fair Use Factor #1: Purpose / Character of the Use

Transformative Educational

Duplicate Commercial

Non-Profit Profit

FAIR NOT FAIR• nonprofit, educational• transformative in character

(e.g., parody)• transformative in purpose

(e.g., criticism; text mining; indexing)

• for-profit; commercial• duplicative, substitutive,

non-transformative

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Fair Use Factor #2: Nature of the Original Work

Fact Creative

Material is intended for use in education

FAIR NOT FAIR

Material is the subject of scholarly analysis

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Fair Use Factor #2: Nature of the Original Work

Factual/ Published/Out of Print

Creative, Unpublished, Commercially Available

Material is intended for use in education

FAIR NOT FAIR

Material is the subject of scholarly analysis

• Factual• Published• Out of print

• Creative/Artistic• Unpublished• Commercially

available

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Fair Use Factor #3: Amount Being Used

Small Excerpt Whole Work

“Heart of the Work”

FAIR NOT FAIR

Peripheral Portion

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Fair Use Factor #3: Amount Being Used

Less taken More taken

“Heart of the Work”

FAIR NOT FAIR

Peripheral Portion

• Small amount• No more than is needed

• Large amount• More than is needed• The “heart of the work”

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Fair Use Factor #4: Effect of Use

No Effect Replaces Purchase

Posting on Public Site

FAIR NOT FAIR

Posting behind Password

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Fair Use Factor #4: Effect of Use

No Effect Replaces Purchase

FAIR NOT FAIR

Posting behind Password

• No effect on (substitution for) on sales or possible sales or licenses

• Transformative, small portion, less likely to affect market!

• Limited access (password-protected sites) minimize effects on market.

• Substitutes for sales• Posting on public-access

websites maximizes impact on market

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Fair Use Considers all Four Factors (plus)

Purpose & Character of Use

Nature of Work

Amount Used

Effect of Use on Market

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Copyright Decision Chart

--From University of Minnesota Libraries

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Creative Commons – Licensing Layers

Legal Code: (Legalspeak “mumbo jumbo” for lawyers)

Human Readable: (Common Deed) – a readable version for the rest of us!

Machine Readable: CC Rights Expression Language (CC REL)

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Creative Commons

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Creative Commons

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Shruti by Sukanto Debnath via Flickr

Headphones by Kashirin Nickolai via Flickr

Music

Photos

YouTube and Joost by thms.nl via Flickr

Video

Sources for Creative Commons Licensed Materials

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http://search.creativecommons.org/

http://wiki.creativecommons.org/Main_Page

Sources for Creative Commons Licensed Materials

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For More Information, Contact:

Laura Quilter

Copyright & Information Policy Librarian

Scholarly Communications OfficeW.E.B. Du Bois Library

lquilter@library.umass.edu