Transcript UNTHSC_Smithx - UNTHSC Scholarly Repository

A key to maximizing impact
Kevin L. Smith
Duke University
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A faculty web site and a
“cease and desist” letter.
“The Gene Wars” & the
future of an academic
book on Google.
1. Explosion of new technologies
create all sorts of opportunities
for scholarly communications.
2. Copyright became automatic in
1992, just as the Internet was
coming into common use.
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It “follows the pen.”
◦ “Showers down” as original
expression is fixed in
tangible form
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No “formalities” needed!
• Registration has
advantages, but is
not a prerequisite
for protection.
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The author does!
Who dat?
Usually, the one who creates the expression.
◦ But there are two “quirks:”
 Work for hire – the employer as author
 Gov’t $$ ≠ WFH
 Joint authorship – equal and undivided
shares.
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Usually do not claim work for hire.
◦ Copyright, at least in traditional scholarship, stays
with faculty members.
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Often claim some interest in or right to use
other kinds of work.
◦ Syllabi, courseware, software, administrative works,
lecture capture.
◦ Scope of your rights partly defined by these policies
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Limited exclusive right to control:
◦ Copying, distribution, public performance, public
display and derivative works.
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Protection for expression, but not ideas
◦ Plagiarism not the same as © infringement
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Facts, raw data, not subject to © protection in
U.S.
◦ But selection & arrangement can get “thin
protection.”
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Copyright is a property right that is
◦ Alienable
 You can sell it, give it away, even “rent” it out.
 Transfer (aka “assignment”) v. licensing.
◦ Divisible
 Divide up different rights.
 Give same right to multiple people (non-exclusive
license).
 Specify time periods for licenses.
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Treat it as an asset.
Think about future uses of your work.
Manage © in ways that are in your best
interest.
◦ Must you transfer your copyright?
◦ Even after transfer, authors usually retain some
rights.
 Use in teaching, sharing with colleagues, distribution
on web sites, derivative works & academic re-use
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Higher citation rates, more readers.
Better access, especially for those not
affiliated with large universities.
Branding for you and your institution.
Discovery/collaboration opportunities across
campus & across the globe.
New areas of research (i.e. data & text
mining).
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Stable URLs for works of faculty authorship.
Preservation (at least, better odds).
Linkage with mandatory reporting or deposit
requirements.
Ability to associate data, multi-media objects
with published research.
Digital services for researchers.
◦ Profiles, metrics, new data sets.
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Harvard A&S faculty adopted OA policy in ’08.
Other faculties and institutions followed.
◦ Some failures or ongoing controversies.
Duke has had OA policy for Law School for 11
years.
Policy proposal currently before whole faculty
at Duke.
◦ Support from Provost, Deans & Executive Council.
◦ Many conversations going on.
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Give institution an immediate license in all
scholarly articles for OA dissemination.
Non-exclusive, royalty-free
Waived upon request
◦ Default becomes opt-out, rather than opt-in.
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Will accommodate embargoes.
Calls on library to develop and monitor
service that is convenient for faculty.
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Is the institution trying to steal my rights?
◦ Helping manage rights in a new environment
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Isn’t this a redundant effort, given NIH policy?
◦ Lots of research not funded by NIH; PMC does not
offer services to individual authors.
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Will I still be able to publish in the best journals
in my field?
◦ Waiver & embargo ensure no restrictions
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Will this put journals out of business?
◦ ~70% already allow “self-archiving”
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Discomfort with multiple versions.
Will the policy create extra work for me, the
researcher?
◦ Journal negotiations
◦ Functional issues re. deposit
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Who will pay for the extra work for the
repository?
◦ Will more of my grant go to indirect costs?
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Benefits of open access
◦ For individual researchers
◦ For scholarship
◦ For society
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Public policies moving toward OA
◦ NIH, OSTP, FRPAA
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Universities and faculty should manage, not
ignore, this change.
◦ “Those who are not at the table are probably on the
table.”