This presentation was given by Wilma Mossink (JISC collections, London, UK) during the training school "Architectural History Research in the Digital Era" (Ghent, Belgium, April 2-6 2013) organized in the framework of the Cost Action IS0904 "European Architecture Beyond Europe".

1. Publishing Agreements and A th ’ Ri ht
P bli hi A t d Authors’ Rights
JISC Collections 06 April 2013 | Click: View=>Header&Footer | Slide 1

2.  Author Rights, Your Rights
Author Rights, Your Rights
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3. talk of today
 expanding access t research
di to h
 relationships scholarly communication
 difference an author can make
 conclusions
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4. expanding access research; B-declarations
 3 declarations on Open Access:
decla ations Access
– Bethesda
– Budapest
– Berlin
 2 conditions to be met:
– work must be placed in an online repository by proper
organisation that seeks to enable open access
– licence attached to the work allowing reuse in any digital
medium for any reasonable purpose
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5. expanding access: Finch report
 published in July 2012
– all recommendations
accepted by UK government
 report tackles question how
to hi
t achieve better, faster
b tt f t
access to research
publications f anyone
bli ti for
who wants to read or use
them
 support for publishing in
open access or hybrid
journals © Friedrich Wilhelm Kunert
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6. channels for disseminating & gaining access
 s bscriptions based jo rnals
subscriptions-based journals
– wide range of commercial & not for profit publishers
– ± 25.000 peer-reviewed journals
 open access journals
– charging fee (APC) to authors before article is published
– DOAJ includes 8.775 open access journals
 repositories
– don’t act as publishers themselves
– provide access to some version of papers either before submission or
at some point after being published subject to embargo period
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7. relationships
institution/
funder
copyright policy
mandates
accounting licences
author
Licence
to deposit Licence to publish
CC licences Author addenda
society publisher
7
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8. author is pivotal
 person who created the work
p
 first owner of copyright except
– when a work is made for hire or made in the course of
employment
– when copyright in work is transferred to publisher
 decisive moments
– determination of © ownership
– d i i which rights t k
decision hi h i ht to keep & h
how t exercise th
to i those
– choice which channel to use to publish research
• policy of funder
• policy university
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9. scholarly environment balance of rights
 important work done b Z olle Gro p in earl o ghties
ork by Zwolle Group early oughties
 Zwolle principles
p p
– assist stakeholders to achieve maximum access to scholarship
without compromising q
p g quality or academic freedom and without
y
denying aspects of costs and rewards involved
– primary focus on the allocation of specific rights to various
p y p g
stakeholders
 list of issues for agreements with publishers
– http://copyright.surf.nl/copyright/zwollegroup.php
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10. exercising authors’ rights
 rights to keep
– re-use for research & education, access for wider community, right to
deposit in repository
d it i it
 author can choose to let others exploit his work
p
• transfer of rights;
• by means of a licence, giving others permission to exploit his
licence
rights
– exclusive or non exclusive or sole licence
non-exclusive
 author exercises all the rights himself
– Creative Commons licences
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11. what institutions tell their authors to do
Some history
1990’s first proposals copyright policies
 university © owner on basis of Copyright Act
 university would manage © academics
most proposals rejected
p p j
• too much administrative burden
• too much opposition academics
2008/2009
 university licences encompassing broad rights for universities
 suggestions to engage in conversations with publishers about appropriate rights management on
behalf of authors
recent
 growing number mandatory open access policies as in the case of Open Access it has been
shown that voluntary policies have little effect
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12. mandates
 req irement faculty o tp t to be made a ailable in
requirement fac lt output available
institutional or subject repository
 IDOA immediate-deposit/optional access strategy
• deposit immediately required but giving access is left to author
 deposit mandate
• requirement to deposit faculty output
 permission mandate/university licence
• requirement that faculty give permission to university to make
their work available
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13. what some funders tell their authors to do
 ens re that public in estment in research sec res the
ensure p blic investment secures
maximum economic and societal return
 achieving this through immediate, unrestricted, on-line
access to peer-reviewed and published scholarly research
papers, free of any access charge
– journal p
j provides, via its own website, immediate and unrestricted
, ,
access to the final published version of the paper, which should be
made available using the Creative Commons Attribution (CC BY)
licence
li
– journal consents to deposit of the final accepted manuscript in any
repository, without restriction on non-commercial re-use and within a
it ith t t i ti i l d ithi
defined period
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14. publishing agreements
 agreements underlie process of
t d li f
publishing
 agreements important for
balance and responsibilities
stakeholders involved in
scholarly publications
 set terms & conditions for
publication and accessibility
© Maagd Studentennet
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15. Copyright Toolbox
checklist k needs
h kli t key d
author & publisher
provisions f agreements
i i for t
tailor made agreement
model agreement
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16. publishing in subscription journal
 Licence to P blish
Publish
– developed by SURF/JISC
– balance between granting maximum access and financial
compensation for publisher;
– no distinction pre print, post print but stipulation that published
version can be disseminated;
– no delayed open access;
– embargo up to maximum of 6 months
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17. principles of Licence to Publish
 © remains with th author
i ith the th
 author grants p
g publisher a licence to exploit certain rights
p g
needed for publishing
 li
licence comes iinto effect immediately after communication
ff i di l f i i
with publisher of his willingness to publish article
 author deposits definitive version of article in the form as it is
published in journal
 depositing article on a publicly accessible institutional
repository is immediate after publication of article in journal
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18. author addenda
 standardised legal instr ment
instrument
 modifies publishing agreement allow retaining rights by
p g g g g y
author
 signature by both parties required to be legally binding
 SPARC and Science Commons have provided a tool called
the Scholar’s Copyright Addendum Engine
– in addition to any right under agreement author retains right
y g g g
to reproduce, distribute, publicly perform, publicly display in
any medium for non-commercial purpose
– derivative works
– authorisation others to use non-commercially
y
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19. Digital Peer Publishing Licence
 contract al basis for p blishing e doc ments
contractual publishing e-documents
 designed for scholarly content
g y
– covers aspects of authenticity, citation, bibliographic data &
metadata, permanent access & open formats
p p
 modular built:
– basic module & 2 extended modules
– read, access for downloading & unchanged distribution
– share & reuse published material
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20. author exercises rights herself
 using open content licence
sing
 Creative Commons worldwide standard
– good infrastructure
– metadata and summary available
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21. different versions
 version f l
i for lawyers
 version for lay people
 version for machines
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22. the Licences
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23. debat on usefulness CC licences
 CC BY not appropriate for scientific jo rnal articles
journal
– scientific journal article is intellectual product woven from ideas &
results: id
lt ideas & results should b re-used
lt h ld be d
– allowing modifications articles is unscientific
– CC licences designed for licensing artwork
– free-floating articles are unreliable: journals and repositories are
free floating
proper places to keep scientific articles
– open articles can be walled again
 © Andras Holl
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24. conclusion
 disting ish legal moments
distinguish
 become familiar with policies of institution and funder
p
 decide which publishing agreement is fit for purpose
depending on requirements institution, funder and
possibilities publisher offers
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