Presentation on theme: "November 30, 2012 Laura Quilter Copyright & Information Policy Librarian University Libraries Scholarly Communication, Open."— Presentation transcript:
November 30, 2012 Laura Quilter Copyright & Information Policy Librarian University Libraries firstname.lastname@example.org Scholarly Communication, Open Access Publishing, and ScholarWorks Materials adapted from Marilyn Billings & Sarah Hutton, 2011-12
2 Scholarly Communication Trends “Scholarly Communication Crisis of ’90s” Increasing amounts of research and scholarship born in digital form Need to collect and preserve this material Examine new scholarly publishing models
3 Definitions Peer Review - evaluation of creative work or performance by other people in the same field in order to maintain or enhance the quality of the work or performance in that field Open Access - unrestricted access via the Internet to articles published in scholarly journals, and also increasingly to book chapters or monographs
6 Publisher editor Peer Review Academic Library cost budget Serials Crisis copyrights grants university taxpayers rewards new business models OA mandates open access * * * * * Source: Lee Van Orsdel’s “Basics” ACRL Scholarly Communication 101 http://scholarlycommunications.wustl.edu/pdf/VanOrsdel-Economics.pdf Scholarly Publishing: New
7 Ways You Can Support Open Access Choose open access for your papers, theses or dissertation Publish your future articles in open access journals Know your author rights: Read SPARC Author RightsSPARC Author Rights Retain your rights to post open access versions of your work in an open access digital repository like ScholarWorks@ UMass Amherst or re-use or own work by attaching the SPARC author addendum to all of your future agreements with publishers.SPARC author addendum Contribute your professional services (editing, peer review) to open access journals.
8 Know Your Rights! ARL S cholarly P ublishing and A cademic R esources C ommission (SPARC): http://www.arl.org/sparc
9 Using Copyrighted Works Ways to use copyrighted works: Use works that are openly licensed or in the public domain Apply a copyright exception (such as the fair use doctrine) Request permission from the copyright holder Use non-copyrightable aspects of the work—such as the “ideas” or facts in the work.
10 Public Domain A public domain work is a work that is not in copyright and which may be freely used by everyone. The major reasons that works are not in copyright include: (1) the term of copyright for the work has expired; (2) the creator failed to comply with required formalities to protect the copyright; (3) the work is a work of the U.S. Government; or (4) non-copyrightable work – e.g., a list of facts; a method or recipe.
12 The Four Factors of Fair Use 1.The purpose and character of your use 2.The nature of the copyrighted work 3.The amount and substantiality of the portion taken 4.The effect of the use upon the potential market
13 Fair Use Factor #1: Purpose / Character of the Use TransformDuplicate Non-ProfitProfit FAIRNOT FAIR
14 Fair Use Factor #1: Purpose / Character of the Use Transformative Educational Duplicate Commercial Non-ProfitProfit FAIRNOT FAIR nonprofit, educational transformative in character (e.g., parody) transformative in purpose (e.g., criticism; text mining; indexing) for-profit; commercial duplicative, substitutive, non- transformative
15 Fair Use Factor #2: Nature of the Original Work FactCreative Material is intended for use in education FAIRNOT FAIR Material is the subject of scholarly analysis
16 Fair Use Factor #2: Nature of the Original Work Factual/ Published/ Out of Print Creative, Unpublished, Commercially Available Material is intended for use in education FAIRNOT FAIR Material is the subject of scholarly analysis Factual Published Out of print Creative/Artistic Unpublished Commercially available
17 Fair Use Factor #3: Amount Being Used Small ExcerptWhole Work “Heart of the Work” FAIRNOT FAIR Peripheral Portion
18 Fair Use Factor #3: Amount Being Used Less takenMore taken “Heart of the Work” FAIRNOT FAIR Peripheral Portion Small amount No more than is needed Large amount More than is needed The “heart of the work”
19 Fair Use Factor #4: Effect of Use No EffectReplaces Purchase Posting on Public Site FAIRNOT FAIR Posting behind Password
20 Fair Use Factor #4: Effect of Use No EffectReplaces Purchase FAIRNOT FAIR Posting behind Password No effect on (substitution for) on sales or possible sales or licenses Transformative, small portion, less likely to affect market! Limited access (password-protected sites) minimize effects on market. Substitutes for sales Posting on public-access websites maximizes impact on market
21 Fair Use Considers all Four Factors (plus) Purpose & Character of Use Nature of Work Amount Used Effect of Use on Market
22 Copyright Decision Chart --From University of Minnesota Libraries
23 Creative Commons – Licensing Layers Legal Code: (Legalspeak “mumbo jumbo” for lawyers) Human Readable: (Common Deed) – a readable version for the rest of us! Machine Readable: CC Rights Expression Language (CC REL)