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Publication agreements and authors' rights

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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".

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Publication agreements and authors' rights

  1. 1. Publishing Agreements and A th ’ Ri ht P bli hi A t d Authors’ RightsJISC Collections 06 April 2013 | Click: View=>Header&Footer | Slide 1
  2. 2.  Author Rights, Your Rights Author Rights, Your RightsJISC Collections
  3. 3. talk of today expanding access t research di to h relationships scholarly communication difference an author can make conclusions JISC Collections
  4. 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 purposeJISC Collections
  5. 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 KunertJISC Collections
  6. 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 periodJISC Collections
  7. 7. relationships institution/ funder copyright policy mandates accounting licences author Licence to deposit Licence to publish CC licences Author addenda society publisher 7JISC Collections
  8. 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 universityJISC Collections
  9. 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.phpJISC Collections
  10. 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 licencesJISC Collections
  11. 11. what institutions tell their authors to doSome history1990’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 academics2008/2009 university licences encompassing broad rights for universities suggestions to engage in conversations with publishers about appropriate rights management on behalf of authorsrecent growing number mandatory open access policies as in the case of Open Access it has been shown that voluntary policies have little effect JISC Collections
  12. 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 availableJISC Collections
  13. 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 periodJISC Collections
  14. 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 StudentennetJISC Collections
  15. 15. Copyright Toolbox checklist k needs h kli t key d author & publisher provisions f agreements i i for t tailor made agreement model agreementJISC Collections
  16. 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 monthsJISC Collections
  17. 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 journalJISC Collections
  18. 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 yJISC Collections
  19. 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 materialJISC Collections
  20. 20. author exercises rights herself using open content licence sing Creative Commons worldwide standard – good infrastructure – metadata and summary availableJISC Collections
  21. 21. different versions version f l i for lawyers version for lay people version for machinesJISC Collections
  22. 22. the LicencesJISC Collections
  23. 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 JISC Collections
  24. 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 offersJISC Collections