An introduction to copyright and publisher policies for repository indexers

Louise PattertonCSIR Information ServicesJanuary 2013

TABLE OF CONTENTS

1. What is copyright?

2. Publications subject to copyright

3. Publication versions

4. Publisher policies: Sherpa RoMEO

5. Publisher policies: web-searching

6. Publisher policies: emailing

7. CSIR Researchspace examples

The copyright bargain: a balance between protection for the artist and rights for the consumer. Robin Gross (US Lawyer, Electronic Frontier Foundation)

What is copyright?

• Copyright is a legal right that authors, publishers, and other producers of creative works have to protect their work from being reproduced without their permission.

• It gives producers of creative works monopoly to enjoy the proceeds of their effort for a period of time.

• Protection is automatic once a work is fixed• Registration is not necessary• Joint authors each have equal, full copyright• Copyright exists from the moment of creation,

and lasts for the life of the author plus 70 years • Who owns the copyright? Originally: the

author/creator.

What is copyright (continued)

• Subsequently: whomever it was bought, leased or inherited by; i.e. the publisher.

• Copyright is governed by civil law, not criminal law. You cannot go to jail, but you can be sued for damages.

• Copyright law prohibits unauthorized: publication (including Internet posting) or publication of “derivative works” (translations, abridgements, dramatizations, etc.)

• Copyright law does not prohibit: photocopying a single copy for personal use, downloading one electronic copy, publishing a quotation or summary, or publishing a parody

• ONE MAY NOT post a copyrighted work on a public-accessible website (without permission).

Works subject to copyright

• Journal articles• Published conference papers• Book chapters• Books• Theses• Technical reports• Conference proceedings• as well as : literary works (printed as well as

non-printed materials such as books, journals, magazines, newspapers), artistic works (paintings, drawings, engraving, maps, plans, works of sculpture, architectural drawings), audio-visual works, sound recording and broadcasts.

PUBLISHER POLICIES: using SHERPA RoMEO

• RoMEO is a searchable database of publisher's policies

• RoMEO contains policies on self-archiving of journal articles and certain conference series.

• RoMEO is currently run by SHERPA Services, Centre for Research Communications, University of Nottingham, UK

• The database covers over 18,000 journals• The RoMEO service uses a simple colour-

code to classify policies: green; blue, yellow, white

• www.sherpa.ac.uk

Slide #16

SHERPA RoMEO colour codes/archiving policies

ROMEO colour Archiving policy

greencan archive pre-print and post-print or publisher's version/PDF

bluecan archive post-print (ie final draft post-refereeing) or publisher's version/PDF

yellow can archive pre-print (ie pre-refereeing)

white archiving not formally supported

Slide #17

WHAT IS MEANT BY PRE-PRINT? POST-PRINT?

Pre-print: • the version of the paper before peer review • first draft of the article, even before any contact with a publisher

Post-print: • version of the paper after peer-review• revisions have been made• in terms of content, post-prints are the article as published• in terms of appearance this might not be the same as the published article,

as publishers often reserve for themselves their own arrangement of type-setting and formatting

• In short: final draft post-refereeing

Slide #24

SHERPA RoMEO versions:

Final publisher version:• a version of the post-print • copy-edited and formatted as it appears in the journal• with volume number, issue number and page numbers

Abstract only• used when permission to archive denied, or no response• used when requested version not supplied

Slide #25

EXAMPLE OF POST-PRINT:

EXAMPLE OF PUBLISHED PDF:

Publisher policy: web searching

• Author-archiving permission can often be established via web searches

• Example: googling “self archiving springer” will lead to a webpage with information on Springer's Self-Archiving Policy

• Springer policy: "An author may self-archive an author-created version of his/her article on his/her own website and or in his/her institutional repository…..”

• HINT: permission statements are often found on document itself e.g. “Copyright: The authors. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.”

Publisher policy: emailing

• If Sherpa, searching the web or the document itself does not reveal copyright/permission rules, then publisher has to be emailed.

• Example of email on next page• More examples can be found on University of

Stellenbosch repository website, Wits website (links provided on last page)

• Clearly state your affiliation, name, nature and url of repository, publication details, your name and contact details

Good day Pravesh

Kindly email to me the pre-print or post-print version of the attached publication. The journal publisher in which this article is published (Elsevier) does not allow self archiving (indexing on ResearchSpace) of their final published pdfs (the one attached). We are however allowed to self archive/index the pre-print or the post-print version of this paper [see the definition of these terms below].

If you no longer have the pre-print or post-print version, we have recently adapted our ResearchSpace policy to allow archiving on ResearchSpace of the abstract of the paper together with a link that goes to the published version on the publisher's website . Therefore if you no longer have the pre published paper versions, kindly indicate if an abstract only can be uploaded on ResearchSpace

Definition of terms used above: Pre-print: is the version of the article as first submitted to the journal, before any peer review has been done/original manuscript Post-print: is the version of the paper after peer-review, with revisions having been made. These include the publisher's version as it appears in the journal and any other version of the article as accepted for publication (non publisher version). Although the content of these versions are identical, the appearances are different Final publisher version: is a form of the post-print that is copy-edited and formatted as it appears in the journal, with volume number, issue number and page numbers, for example the one attached.

Kind Regards Louise PattertonProfessional: Institutional RepositoriesCSIR Information Services

Good day Please be so kind as to inform me whether it is permissible to publish the following paper (authored by a CSIR employee) onto the Institutional Repository of the Council for Scientific and Industrial Research (CSIR): Dlodlo, N. 2012. Adopting the internet of things technologies in environmental management in South Africa. 2nd International Conference on Environment Science and Engineering, Bangkok, Thailand, 7-8 April 2012 This repository is a not-for-profit online database accessible worldwide, and contains the scientific output (articles, conference papers and posters, book chapters) of employees of the Council for Scientific and Industrial Research. Further details of the Repository can be found at http://researchspace.csir.co.za/dspace/ Kind regards Louise PattertonCSIR Information ServicesIndexingPO Box 395PretoriaSouth Africa0001Tel: +27 12 841 3767 Fax: +27 12 841 4405http://www.csir.co.za

Dear Louise,

Good day. Thank you for your email message. Home affiliation repository postings of prepublication articles or chapters is both permitted and enthusiastically encouraged. Postings of post-publication articles and chapters are subject to mutual author-publisher agreement. Postings of post-publication articles and chapters are subject to mutual author-publisher agreement.

Introductory matter from monographs or edited books may likewise be posted to home affiliation repositories as long as publisher credit is given. Entire books may be considered for posting 3 years after date of publication. Sincerely,

Stella

Stella Rosa

Nova Science Publishers, Inc. 400 Oser Avenue, Suite 1600 Hauppauge, NY 11788 Tel: 631- 231-7269, Fax: 631-231-8175 Nova.Main@novapublishers.com Web: www.novapublishers.com

Dear author,

The proceedings of WEC2011 are not covered by copyright and you have free use of the paper that you mention.

I hope that this email is sufficient.

Best regards

Daniel FavratHead of the program committee of EC2011

*************************************************

Dear Louise The papers for session HW10 at UGG2011 were not published by IAHS and only appear in the abstract list. There is no problem in including it in the repository. Regards,Cate Dr C M K Gardner – Manager IAHS LtdIAHS, CEH Wallingford, Oxfordshire OX10 8BB, UK

Dear Ms. Patterton,

Thank you for your email.

It is our policy not to allow material to appear on institutional repositories until a year after publication. This book was published in December in the UK and February in the US so I am afraid I cannot grant permission at this time. I will be able to reconsider this once a year has lapsed.

Best wishes,

Ruth

*******************************************************************

Slide #39

Dear Ms. Patterton

With regard to your request to post as a ASME-copyrighted paper Paper Number IMECE2011-62075, cited in your letter on the CSIR Institutional Repository web site. Unfortunately ASME cannot grant CSIR Institutional Repository permission to post the said article as a Adobe pdf. However you can list the article as a reference and/or post the Abstract only. We request that CSIR Institutional Repository point visitors to ASME’s Digital Library on how to obtain the article. You can get the coding to display a link to articles on the ASME Digital Library by going to the abstract page for the article and clicking “Blog this Article” in the right-hand column. A window will open with the code that you can cut and paste into your blog/webpage. Please keep in mind that papers listed are only form 1990-to present. Thank you for your interest in ASME publications. Sincerely,Beth DarchiASME Technical PublishingThree Park AvenueNew York, NY 10016T: 212-591-7700E: darchib@asme.org Slide #41

Pre-print on ResearchSpace

Pre-print

Suggested further reading

Copyright: • http://digitalcommons.unl.edu/cgi/

viewcontent.cgi?article=1064&context=ir_information

• http://www.ir-africa.info/copyright• http://scholarlycommunications.wustl.edu/pdf/

Kleinman-CopyrightBasics.pdf

Publisher policies: • www.sherpa.ac.uk

Stellenbosch University Repository wiki:• http://wiki.lib.sun.ac.za/index.php/SUNScholar

Wits University Repository guide:• http://libguides.wits.ac.za/WIREDSPACE