1、Author Rights and Copy Rights: The Dos and Donts of Reusing Published Articles,Elizabeth Kirk, Associate Librarian for Information Resources Dartmouth College Library,September 13, 2011 2011 Dartmouth College,Goals for this session,Learn what is covered by copyright Understand what you can and cant
2、do legally with copyrighted materials Reflect on copyright retention Learn how to protect your rights as an author,September 13, 2011,This is an educational program,I am not a lawyer, nor do I play one on TV. Only an attorney can provide a legal opinion on a specific application of the law.,Septembe
3、r 13, 2011,Poisons and medicine are oftentimes the same substance given with different intents.Peter Mere Latham,September 13, 2011,What are the rights of copyright? (17 U.S. Code),The right to reproduce the work (to publish, make copies, reformat, etc.) The right to create derivative works (to edit
4、 or to build on an existing piece of scholarship or research) The right to distribute the work (to publish, republish, give away, sell, etc.) The right to perform the work publicly The right to display the work The right to broadcast the work The right of attribution and integrity Goal: “To promote
5、the Progress of Science and useful Arts” (U.S. Constitution, Article 1, Sect. 8, Clause 8),September 13, 2011,Who owns the copyright to a work?,The creator, immediately upon fixation, or The creators employer, if the work is created in fulfillment of job responsibilities (work for hire) Another part
6、y, such as a publisher, can only claim copyright if the creator assigns or transfers his or her rights Rights remain in force for the lifespan of the creator plus seventy years (even when the rights holder is not the creator) Whoever holds the copyright controls the use of the creation,September 13,
7、 2011,To the rescue: limitations and exemptions,Copy rights are not unlimited and total Exemptions permit specific classes of use (ex., copying by libraries and some instructional uses) Limitations are more ambiguous than exemptions Exemptions and limitations create the balance which is needed to en
8、sure the “progress of science and the useful arts” through the use of copyrighted materials (ex., parody, selective quotation, partial copying),September 13, 2011,Classroom use exemption,“In the course of systematic instruction”in a non-profit educational institution NOT in-service or CME instructio
9、n NOT patient education Partial copying, selective performance Safe harbor guidelines available online from the U.S. Copyright Office All other settings and uses must be with permission or as a fair use,September 13, 2011,Fair Use: A Schedule II Narcotic,Permissible uses regulated by law High risk o
10、f abuse (often used in place of purchasing) No refills (cant keep re-using the same material) Cant phone it in (“one copy” posted on the open Internet is not fair) Administering the wrong amount can land you in court But what constitutes the right amount is highly individual and contextual,September
11、 13, 2011,Determining fair use: The Four Factors,The purpose and character of the use (transformative factor) The nature of the copyrighted work (favors uses of factual materials over artistic, as dissemination benefits the public) The amount and substantiality of the portion copied (three articles
12、from the entire run of JAMA might be OK, but not three from one issue) The effect of the use on the market for the work (or why libraries never put textbooks on reserve) All four factors must “pass”,September 13, 2011,What to do to be safe,Use fair use judiciously In case of doubt: Buy reprints or a
13、sk permission To use your own work: Dont assign your copyright,September 13, 2011,Should you and can you keep your copyright?,Do you wish to use some of the same research in another publication? Share the article with colleagues? Post it to a web site? In your office? Not all journals/publishers ask
14、 for copyright assignment Some publishers that do ask are amenable to negotiation And how about your data? If a publishermore likely in the future than at this momentwants your data as well, will it be reusable by you or other researchers?,September 13, 2011,Open access (OA) publishing is one option
15、,Benefit: broadens access to your work, increasing its impact Should people find trash online when they need help, or should they be able to find Dartmouth research? Benefit: You dont have to “distribute” on your own Financial models generally differ from subscription access (can be underwritten, su
16、pply-side, etc.) Well-known OA publishers include Public Library of Science and BioMed Central Dartmouth helps support some OA author fees (not all OA journals charge these),September 13, 2011,Negotiated copyright retention is another option,Some traditional publishers dont ask for copyright Some pu
17、blishers will negotiate copyright retention Dartmouth provides an authors amendment that may be used by any author who wishes to retain rights Dartmouth can offer advice and negotiation support on a limited basis NIH funded papers require some level of agreement with publisher (prior grant of licens
18、e to NIH) Dartmouth provides an authors amendment specific to NIH authors,September 13, 2011,Review: What the rights holder controls,Publishing Making/distributing copies Future work based on the current work Attribution Republication Renumeration,Authors should consider the value of their rights as well as the value of publication when deciding whether or not to assign their copyrights.,September 13, 2011,September 13, 2011,Thank you. elizabeth.kirkdartmouth.edu,
