Author’s Rights

H. Stephen McMinn

Discussion Topic

Your Rights as an Author General Rules NIH Rules

Publishers Copyright Transfer Agreements What they contain What to look for

Protecting Your Rights Sample Letters/Amendments

Your Rights

What can you do with your article? Publish on your website Photocopy and pass out on street corners Use in your course Post to Subject Repositories Submit to Journals Tear up into little pieces and use for confetti

May depend on Funding Source!

Important Rights

To publish/distribute work in print or other media

To Reproduce/Copy Prepare Translations or Derivative Works To perform or display the work publicly To authorize others to have any of these

rights – ability to transfer rights

Rights Make copies of the work for educational use, including

class notes, study guides or electronic reserves Send copies of the work to colleagues Present the work at conference or meeting and give

copies of the work to attendees Deposit the work in an institutional or funding agency

repository or other digital repository Post the work on a laboratory or institutional web site

on a restricted network or publicly available network

Derivative Works

Use part of the work as a basis for a future publication Use excerpts in other works such as tables from an

article into a book chapter Use a different or extended version of the work for a

future publication, dissertation, or thesis Use the work in a compilation of works or collected

works Expand the work into a book form or book chapter

NIH Public Access PolicyThe NIH Public Access Policy implements Division G, Title II,  Section

218 of PL 110-161 (Consolidated Appropriations Act, 2008).  The law states:

The Director of the National Institutes of Health shall require that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine’s PubMed Central an electronic version of their final, peer-reviewed manuscripts upon acceptance for publication, to be made publicly available no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law

NIH Rules

In Brief NIH-funded research must be made available to the

public Deposit made publicly available no later than 12

months after the official date of publication submit an electronic copy of their published articles to

NIH PubMed Central NIH Public Access Policy @

http://publicaccess.nih.gov/

Publishers Copyright Transfer Agreements• Background/Definitions/Historic• Questions to consider

– What rights are your giving up– What rights are important to you– How important are these rights

• Open access• Gov Regulations• Personal Preferences

• What to look for in agreements

Definitions

Pre-print: Manuscript as submitted by the author for peer review.

Post-print: Manuscript that includes changes made by the author as a result of the peer review process.

Final Publisher Version: The publishers’ final version of the manuscript and is different from the post-print version, due to layout, pagination, location of graphics, etc.

Historic Practice

Continuing to transfer ownership of copyright to publishers in exchange for publication despite the restrictions it places on your works

Therefore you would need to obtain permission to do all the rights you transferred……

Potential Legal Problems

In 2005, the Association of American Publishers (AAP) threatened the University of California-San Diego with a lawsuit over UCSD’s e-reserves program, which allows the posting of password-protected articles written by UCSD faculty for use by their students

“Legal battle brews over availability of texts on online reserve at U. of California Library” by Scott Carson. The Chronicle of Higher Education – April 22, 2005

Questions to Consider

• What rights are your giving up• What rights are important to you• How important are these rights, items to consider..• Gov Regulations – NIH• University Guidelines• Open access• Personal Preferences

Interpreting Agreements

What to look for….– Posting to websites– Using in course packs– Using in other works– Placing in Institutional or Subject Repositories– Allowed methods of sharing– Permissions statement

Examples

Elsevier ACS Oxford

University Press Thieme

Publishing

Sherpa/Romeo

Elsevier (Green)

On authors personal or authors institutions website or server

Self-archiving of author manuscripts into a subject based repository (e.g. PMC, UKPMC) is prohibited

Published source must be acknowledged Must link to journal home page or articles' DOI

Elsevier (Green)

Publisher's version/PDF cannot be used Articles in some journals can be made Open

Access on payment of additional charge NIH Authors articles will be submitted to PMC

after 12 months Authors who are required to deposit in

subject repositories should use Sponsorship Option - See note below about NIH authors

American Chemical Society (White) The author may post on the web the title of

their paper, abstract (no other text), tables and figures on their own web site

NIH funded authors may post articles to PubMed Central 12 months after publication

May link to publisher version

Oxford University Press (Yellow) Pre-print can only be posted prior to acceptance, must be

accompanied by set statement and must not be replaced with post-print (link to published version with amended statement)

Publisher version cannot be used except for Nucleic Acids Research articles

Published source must be acknowledged Must link to publisher version Set phrase to accompany archived copy (see policy) Articles in some journals can be made Open Access on

payment of additional charge Publisher will deposit on behalf of NIH funded authors to

PubMed Central

New Landscape for Authors Retain all of some of your Rights – 2 Options

Retain only the Specific Rights You Need Right to use/copy for educational purposes Right to post to your website Right to re-use your own work in another work

But otherwise transfer copyright to publisher

OR Retain all Rights and License Specific Rights to

the Publisher such as right of 1st publication

Retaining Your Rights

History Policies Faculty Senate Resolutions

Methods Choosing “friendly” publishers Editing current agreements Attaching an amendment statement to existing

agreements

Finding Friendly Publishers

The Romeo/eprints directory provides information on the self-archiving policy of journals Uses a 4 Color Breakdown for Open Access

Rights – Green (best) to White (worst) DOJA -- Directory of Open Access Journals Scholarly Communications Ask a Librarian

Methods to Retain Rights

Attach an addendum to the publishing agreement which expressly sets forth the rights retained by the author.

Strike out the parts of the agreement that you wish to modify

Insert in the text of the agreement the rights they wish to retain.

Editing Agreement

Insert in the text of the agreement the rights they wish to retain.

The following is an example:

“If there are any elements in this manuscript for which the author(s) hold and want to retain copyright, please specify: __________________________.”[Physical Therapy, Journal of the American Physical Therapy Association]

Editing Agreement

Strike out wording crossing out the specific clauses that you do not

agree with and inserting by hand the rights you wish to retain.

Review the publisher’s agreement form for…. “SIGN HERE FOR COPYRIGHT TRANSFER: I hereby

certify that I am authorized to sign this document either in my own right or as an agent for my employer, and have made no changes to the current valid document. . .”

Editing Agreements

Any changes made directly on the form agreement must include…. the initials of the author and the initials of an

authorized representative of the publisher, which are placed immediately adjacent to the handwritten or typewritten change. 

Any changes made and initialed by the author will have no legal effect without the approval of the publisher.

NIH Example

Add the following to a copyright agreement

“Journal acknowledges that Author retains the right to provide a copy of the final peer-reviewed manuscript to the NIH upon acceptance for Journal publication, for public archiving in PubMed Central as soon as possible but no later than 12 months after publication by Journal.”

Amendments to Agreements

An addendum is an attachment to a contract or form that modifies, clarifies, or adds to the contract.

If authors attach an addendum, add the statement “Subject to Attached Addendum” next to your signature on the publisher copyright agreement form.

Lots of Examples of Amendments

Amendments Creative Commons - The Scholar’s Copyright

Addendum Engine http://scholars.sciencecommons.org/

University of Iowa http://www.lib.uiowa.edu/scholarly/documents/

UI_AuthorsAddendum.doc Washington University

http://becker.wustl.edu/forms/WUaddendum-form.html

Q&A + Links

Scholarly Communications LibGuide http://instr.iastate.libguides.com/content.php?pid=2123&sid=37895

SHERPA RoMEO http://www.sherpa.ac.uk/romeo/

DOJA - Directory of Open Access Journals http://www.doaj.org/

SPARC http://www.arl.org/sparc/

NIH Public Access Policy http://publicaccess.nih.gov

Thank You !!!

H. Stephen McMinnScience and Technology Division

Reference and Instruction Department

Iowa State University Library

Phone: 294-4789

E-Main: hsmcminn@iastate.edu