Wanted: The Right Content and The Content Rights Putting Knowledge to Work: Building an Institutional Repository for Your Campus California Polytechnic State University San Luis Obispo, October 10, 2008

Assumption #1 A common definition of an academic Institutional Repository is: A digital collection A digital collection An open access archive An open access archive OAI-compliant to interoperate with other OAI-compliant archives. OAI-compliant to interoperate with other OAI-compliant archives.

Assumption #2 An academic IR often contains: Pre-prints of articles submitted for publication Pre-prints of articles submitted for publication Text of articles as published Text of articles as published Conference Papers Conference Papers Teaching materials Teaching materials Photographs Photographs Multi-media works Multi-media works

Assumption #3 While self-archiving is the ultimate goal, most academic IRs provide mediated archiving services. Students submit theses and dissertations Students submit theses and dissertations Faculty submit published papers Faculty submit published papers Instructors submit lecture notes, PPTs, slides and course materials Instructors submit lecture notes, PPTs, slides and course materials

Benefits of Mediated archiving: Relieves donors of learning uploading formats and protocols. Relieves donors of learning uploading formats and protocols. Provides more control of the site organization and structure Provides more control of the site organization and structure Assures correct and complete application of metadata Assures correct and complete application of metadata

Assumption #4 IR contributors rarely understand the rights to the content they submit. They assume they have retained copyright to their own published works. They assume they have retained copyright to their own published works. They include others’ works in their curricular content based an the Fair Use exemption and assume the same content may be archived in the IR. They include others’ works in their curricular content based an the Fair Use exemption and assume the same content may be archived in the IR. They fail to recognize and attribute copyrights of others. They fail to recognize and attribute copyrights of others.

Assuring the right content rights Step #1 The IR License Agreement Provides an opportunity to alert the donor to copyright issues. Provides an opportunity to alert the donor to copyright issues. Assures the IR is assigned the permissions needed for management of the content. Assures the IR is assigned the permissions needed for management of the content. Provides a mechanism to select a Creative Commons license for the content. Provides a mechanism to select a Creative Commons license for the content.

The IR License Agreement may include: Representation by the donor that s/he has the authority to grant the rights for the content. Representation by the donor that s/he has the authority to grant the rights for the content. Representation that rights have been cleared for the content Representation that rights have been cleared for the content Statement of rights granted by the donor to the IR Statement of rights granted by the donor to the IR Permission for the IR staff to submit the content on the donor’s behalf. Permission for the IR staff to submit the content on the donor’s behalf.

Representation by the donor that s/he has the authority to grant the rights for the content. You represent that you have the authority to grant the rights contained in this agreement.

Representation that rights have been cleared for the content You also represent that your submission does not, to the best of your knowledge, infringe upon anyone's copyright.

Representation that rights have been cleared for the content If the submission contains material for which you do not hold copyright, you represent that you have obtained the unrestricted permission of the copyright owner to grant the [IR] the rights by this agreement, and that such third party owned material is clearly identified and acknowledged within the text or content of the submission.

Statement of rights granted by the donor to the IR By submitting this agreement, the copyright owner grants the [IR] the non-exclusive right to reproduce, translate, and/or distribute the submission (including the abstract) as agreed upon, in print and electronic format and in any medium, including but not limited to audio or visual for the purposes of inclusion in the [IR].

Statement of rights granted by the donor to the IR You also agree that the [IR] may make and retain more than one copy for the purpose of preservation, security and backup.

Representation that rights have been cleared for the content You also represent that your submission does not, to the best of your knowledge, infringe upon anyone's copyright.

Permission for the IR staff to submit the content on the donor’s behalf. Your acceptance of this agreement gives permission to the libraries’ staff to submit an object to the [IR] on your behalf.

IR Copyright Policy = Copyright Education opportunities IR website FAQ Marketing brochures and presentations Discussions with potential donors Appearance of Creative Commons licenses in IR

IR Copyright Policy = Copyright Education opportunities FAQ: What about copyright and intellectual property issues? The [IR] assumes that a contributor is the copyright holder. The [IR] support team, however, understands and appreciates concerns about copyright and intellectual property and will assist communities and/or contributors with individual needs. The [IR] assumes that a contributor is the copyright holder. The [IR] support team, however, understands and appreciates concerns about copyright and intellectual property and will assist communities and/or contributors with individual needs.

IR Copyright Investigation = Copyright Education opportunities Discussions with potential donors often reveal: Donors rarely understand basic creator rights Donors often do not know who owns the copyright Authors/Creators lose track of the source for content they have used

IR Copyright Investigation = Copyright Education opportunities Discussions with potential donors provide the opportunity to discuss: Author’s rights Importance of attribution Orphan work s

Copyright Permission: Identifying author/creator Original source unknown Original source unknown Multiple creators Multiple creators Inclusion of others’ works Inclusion of others’ works

Copyright Permission: Identifying copyright owner Published work, publication agreement terms unknown Published work, publication agreement terms unknown Multiple creators Multiple creators Multiple versions Multiple versions Complex chain of ownership Complex chain of ownership Changed ownership Changed ownership

Copyright Permission: Correct authority to grant rights Original source unclear, lost, deceased Original source unclear, lost, deceased Institutional rights Institutional rights Publishers practices Publishers practices

Copyright Permission: Failure to contact owner Contact information incorrect Contact information incorrect No response to inquiries No response to inquiries Contact cannot confirm authority to grant rights Contact cannot confirm authority to grant rights

Do you have the Right rights? If so, digitize the written permission or other source of confirmation. If so, digitize the written permission or other source of confirmation. Embed in the object Embed in the object Insure correct attribution exists in a visible format according to copyright owner’s direction Insure correct attribution exists in a visible format according to copyright owner’s direction

Do you have the Right rights? If not, and you choose to include content in the IR If not, and you choose to include content in the IR Keep detailed records of investigationKeep detailed records of investigation Again, digitize and embedAgain, digitize and embed Use limited CC licenseUse limited CC license Provide additional warnings to users.Provide additional warnings to users.

Thank You for your attention. Any questions? Trisha L. Davis Head, Serials, Electronic Resources, and Rights Management Department The Ohio State University Libraries