1. Open Access & Author’s Rights -
What every faculty or author
should know…..
H. Stephen McMinn, Director of Collections and
Scholarly Communications
Brookens Library

2. Discussion Topics
Open Access
 What is it?
 Why is it important?
 What’s in it for me?
 What can I do?
Your Rights as an Author
 Protecting Your Rights
 Publishers Copyright
Transfer Agreements
 Amendments
 Creative Commons
 IDEALS

3. What is Open Access?
Open Access-Lots of Definitions
Open access (OA) -- the practice of providing
unrestricted access via the Internet to peer-
reviewed scholarly journal articles and other
scholarly works.

4. What do we mean by open?
Open & Free to Access
Open to …
Contribution and Participation
Use & Reuse with Few or No Restrictions
Indexing and Machine Readable

5. Open Movements
Open Access -- Public Access
 Open data
 Open science
 Open humanities
 Open education
 Open books
 Open peer review
 Open textbooks

6. Open Access Journals
Scholarly journals that are available online to
the reader "without financial, legal, or
technical barriers other than those
inseparable from gaining access to the
internet itself.“
Suber, Peter. "Open Access Overview".
http://www.earlham.edu/~peters/fos/overview.htm

7.  Entirely open access
 All or some articles open
(hybrid open-access journals)
 Some articles open access and
others delayed access
 Delayed open access
(delayed open-access journals)
 Self-archiving of articles permitted
 No open content -- content only
available to subscribers
More Open
Less Open
Levels of Open Access Journals

8. Types of Open Access
 “Green” Open Access
Authors publish in any journal and then self-archive a version of the
article for free public use in their institutional repository, in a central
repository (such as PubMed Central), or on some other OA website.
 “Gold” Open Access
Authors publish in an open access journal that provides immediate OA to
all of its articles on the publisher's website.
 Hybrid Open Access
Provide Gold OA only for those individual articles for which their authors
(or their author's institution or funder) pay an OA publishing fee.

9. Why Open Access?
 “Information wants to be free!”
 Unsustainable pricing model of scholarly
journals
 Beliefs of the Academy – It’s the Right thing to Do!
“Open access truly expands shared knowledge across scientific fields — it is the
best path for accelerating multi-disciplinary breakthroughs in research." — Open
Letter to the US Congress signed by Nobel Prize winners
 Requirements of Funding Agencies
 Other Initiatives

10. NIH Public Access Policy
The 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 Public Access Policy @ http://publicaccess.nih.gov

11. NIH Rules - In Brief
 NIH-funded research must be made freely
available to the public
 Deposit made publicly available no later
than 12 months after the official date of
publication
 Authors submit an e-copy of their
published articles to NIH PubMed Central

12. Other Initiatives
 Open Access -- Illinois General Assembly –
SB Bill 1900
 America Competes Reauthorization Act of
2010
 Increasing Access to the Results of Federally
Funded Scientific Research – Presidential
Policy Memorandum (2/22/13)

13. What’s in it for me?
 Ease of Use
– Copyright
– Coursepacks/Couse Management
– MOOCs
 Increased Visibility
 Increased Citations

14. Increased Citations to
Open Access Articles

15. What can I do?
 Advocate for Open Access
 Publish in Open Access Journals
 Protect your rights as a author
– What rights are important?
– How to Protect Rights
 Use IDEALS (UI Institutional Repository)

16. Finding Friendly Publishers
 The Romeo/eprints directory provides
information on the self-archiving policy of
journals
– Levels of “openness” in publishers agreements
– www.sherpa.ac.uk/romeo/
 DOJA -- Directory of Open Access Journals
– Used to find Open Access Journals
– www.doaj.org

17. Sherpa/Romeo – 4 Levels
ROMEO
colour
Archiving policy
Number of
Publishers
green
can archive pre-print and post-print or
publisher's version/PDF
366
blue
can archive post-print (i.e. final draft post-
refereeing) or publisher's version/PDF
408
yellow can archive pre-print (i.e. pre-refereeing) 138
white archiving not formally supported 392

18. Other Useful Tools
 Sherpa/JULIET – Funders requirements
– www.sherpa.ac.uk/juliet/
 Ask me or Ask a Librarian
– http://libguides.uis.edu/librarians

19. Protecting Authors 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!

20. Important Rights - Copyright
 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

21. Publishers Copyright Transfer
Agreements
 Historic Practice -- Transfer of ownership of
copyright to publishers in exchange for
publication despite the restrictions it places
on your work
 Authors (you) would need to obtain
permission from the publisher for any of
the rights transferred……

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

23. Questions to Consider
 What rights are your giving up?
 What rights are important to you?
 How important are these rights?
Items to consider…
‒ Gov/Funder Rules/Regulations – NIH
‒ University Guidelines – Senate Resolutions
‒ Personal Preferences -- Open access

24. New Landscape for Authors

25. Retain 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
2. Retain all Rights and License Specific Rights to
the Publisher such as right of 1st publication

26. Methods to Retain Rights
1. Strike out the parts of the agreement that
you wish to modify.
2. Insert in the text of the agreement the
rights that you wish to retain.
3. Attach an addendum to the publishing
agreement which expressly sets forth the
rights retained by the author.

27. 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. . .”

28. Editing Agreement
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]

29. 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.

30. 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.”

31. 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

32. Amendments
 Creative Commons - The Scholar’s Copyright
Addendum Engine
– http://scholars.sciencecommons.org/
 SPARC
– http://www.arl.org/sparc/author/addendum.shtml
 CIC – Committee on Institutional Cooperation
– http://www.cic.net/projects/library/scholarly-
communication/introduction

33. Final Thoughts
 Publishers vs.
Authors
 Creative Commons
 IDEALS

34. Open Access and
Copyright/Creative Commons
 Open access is built upon authors retaining
all or part of their initial rights under
copyright law.
 Creative Commons is an easy way to
transfer rights – they allow creators to
communicate which rights they reserve,
and which rights they waive for the benefit
of recipients or other creators.

35. IDEALS - University of Illinois
Institutional Repository
 IDEALS is the digital repository for research
and scholarship - including published and
unpublished papers, datasets, video and
audio - produced at the University of
Illinois.
 All faculty, staff, and graduate students can
deposit into IDEALS.
(https://www.ideals.illinois.edu/)

36. Q&A + Links
 SPARC
• http://www.arl.org/sparc/
 ACRL Scholarly Communications
• http://www.ala.org/acrl/issues/scholcomm
 University of Illinois – Author’s Rights Page
• http://www.library.illinois.edu/sc/services/scholarly_communication
s/your_rights.html

37. So ……
as an author
you have even
more decisions
to make…….
including what
to do about
your rights….