An introduction to copyright and publisher policies for repository indexers

1. An introduction to copyright and
publisher policies for repository indexers
Louise Patterton
CSIR Information Services
January 2013

2. TABLE OF CONTENTS
1. What is copyright?
2. Publications subject to copyright
3. Publication versions
The copyright bargain: a 4. Publisher policies: Sherpa RoMEO
balance between protection 5. Publisher policies: web-searching
for the artist and rights for 6. Publisher policies: emailing
the consumer.
7. CSIR Researchspace examples
Robin Gross (US Lawyer,
Electronic Frontier
Foundation)

3. 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.

4. 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).

5. 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.

6. 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

7. SHERPA RoMEO colour codes/archiving policies
ROMEO colour Archiving policy
can archive pre-print and post-print or
green
publisher's version/PDF
can archive post-print (ie final draft
blue post-refereeing) or publisher's
version/PDF
yellow can archive pre-print (ie pre-refereeing)
white archiving not formally supported
Slide #17

14. 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

15. 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

17. EXAMPLE OF POST-PRINT:

18. EXAMPLE OF PUBLISHED PDF:

19. 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.”

20. 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

21. 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 Patterton
Professional: Institutional Repositories
CSIR Information Services

22. 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 Patterton
CSIR Information Services
Indexing
PO Box 395
Pretoria
South Africa
0001
Tel: +27 12 841 3767
Fax: +27 12 841 4405
http://www.csir.co.za

23. 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

24. 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 Favrat
Head 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 Ltd
IAHS, CEH Wallingford, Oxfordshire OX10 8BB, UK

25. 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

26. 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 Darchi
ASME Technical Publishing
Three Park Avenue
New York, NY 10016
T: 212-591-7700
E: darchib@asme.org Slide #41

27. Pre-print on ResearchSpace

29. 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/K
leinman-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