Intellectual Property Section 1 Copyright

Intellectual Property (Part A):
Key Topics
Part A
Definitions & Background
Copyright & Creative Commons
Author Rights & Open Access
Part B
Plagiarism – background, guidelines and
Current Research Environment
‘Academic/research institutions reward those
with the longest CVs and the most publications.
Under pressure to generate voluminous output,
scientists often fall prey to double publishing, self
plagiarism, and submitting the minimal
publishable unit. Are these ethical gray areas, or
true transgressions?’
Executive Editor Clin Invest. 2008 118(7): 2368
Intellectual property (IP) refers to
creations of the mind: inventions, literary
and artistic works, and symbols, names,
images, and designs used in commerce.
World Intellectual Property Organization (accessed 14 Mar 2011)
Intellectual Property is divided into two categories:
• Industrial property, which includes inventions
(patents), trademarks, industrial designs, and
geographic indications of source
• Copyright, which includes literary and artistic works
such as novels, poems and plays, films, musical works,
artistic works such as drawings, paintings,
photographs and sculptures, and architectural
designs. Rights related to copyright include those of
performing artists in their performances, producers of
phonograms in their recordings, and those of
broadcasters in their radio and television programs
World Intellectual Property Organization (accessed 14 Mar 2011)
Any or all of the copyright owner’s exclusive
rights or any subdivision of those rights may
be transferred, but the transfer of exclusive
rights is not valid unless that transfer is in
writing and signed by the owner of the rights
conveyed or such owner’s duly authorized
agent. Transfer of a right on a nonexclusive
basis does not require a written agreement.
United States Copyright Office (accessed 2 November 2013)
Before an article is published in a journal, or before a
contribution to an academic textbook is published,
author and publisher enter into a publishing agreement
which often entails an assignment of copyright or
exclusive dissemination rights. An assignment transfers
the copyright from author to publisher outright,
while a licence merely transfers circumscribed or
limited rights to the publisher. In general, publishers in
the field of science, technology and medicine (STM)
prefer assignments over licences.
International Association of Scientific, Technical & Medical Publishers
(accessed 2 November 2013)
Open access journals will either let authors retain
copyright or ask authors to transfer copyright to the
publisher. In either case, the copyright holder will
consent to open access for the published work. When
the publisher holds the copyright, it will consent to
open access directly. When authors hold the copyright,
they will insure open access by signing a license to the
publisher authorizing open access.
Authors of preprints hold the copyright to them and
may post them to open access repositories with no
copyright problems whatever.
EIFL Electronic Information for Libraries (EIFL) (accessed 2 November 2013)
Educational fair use guidelines have been established to
provide “greater certainty and protection” for teachers
and... apply to material used in educational institutions and
for educational purposes:
• noncommercial instruction or curriculum-based teaching
by educators to students at nonprofit educational
• planned noncommercial study or investigation directed
toward making a contribution to a field of knowledge, or
• presentation of research findings at noncommercial peer
conferences, workshops, or seminars
Stanford University Libraries: Copyright and Fair Use (accessed 2 November 2013)
Glossary - Copyright
• attribution – identifying the source of a work / giving credit
• copyright – a form of legal protection given to the creators of
"original works of authorship“
• copyright infringement - a violation of the exclusive rights of a
copyright holder, such as copying, distributing, or performing
the copyright owner's work without permission
• derivative work – a new work that translates or transforms
one or more original copyrighted works
• fair use - permits a second user to copy part or all of a
copyrighted work without permission from the copyright
• intellectual property – creations of the mind
• license – permission to use a creative work
Additional Resources
• United States Copyright Office: Copyright Basics
• United States Copyright Office: Reproduction of
Copyrighted Works by Educators and Librarians
• Stanford University Libraries: Copyright and Fair Use
Copyright & R4L E-journals
• Electronic journals are protected by copyright law in
the same way as print journals
• Their use is subject to the terms of a license agreed
between the institution and the publisher which
permits certain activities and forbids others
• For the Research4Life programs, users can copy up to
15% of a journal issue, distribute to colleagues within
the institution and use for educational purposes
• Users cannot distribute copies to individuals outside
the institution, change the content, load material on
a publically accessible server or use for profit
Copyright & Creative Commons:
Author rights vs. Publisher requirements
Basic facts authors need to know
• Copyright protection is automatic once a work
is fixed in a tangible medium
• Joint authors each have full and equal
• Copyright can be transferred only in writing
• Not all rights have to be given away –
author/copyright rights can be broken apart
Author rights
• Copyright is a “bundle” of rights and these
exclusive rights include:
– reproduce the work in copies
– distribute copies of the work
– publicly display or perform
– make derivatives, adaptations, translations
– authorize others to use any of these rights
Author options
• Transfer all rights to publisher (traditional)
– Author no longer has control over work
• Licensing (Creative Commons)
– Enables the copyright holder, whether author or
publisher, to license partial rights to other parties
• Addenda (SPARC, Science Commons, CIC)
– Added to copyright transfer agreements and refer
the desired rights to the author.
– Leads to negotiations between author and
Author needs:
anticipate future uses of your work
Share work with colleagues
Distribute at conferences
Self-publish (personal website, CM, CV)
Link to the full-text from your website
Submit to an open access repository
Republish; adaptation; translation
Use in class
Use in coursepacks
Publisher requirements:
• Publishers want traditional contracts
–Editorial control
–Digital archiving
–Format changes
If…then – basics of reuse
• By the author
– If full rights retained, then limitless (within the
– If some rights retained, then within limits of
negotiated rights.
– If no rights retained, then fair use or permission.
• By others
– If published open access, then freely accessible.
– If published under a Creative Commons license,
then within limits defined by the license.
– If published traditionally, then fair use or
Authors - Where to begin?
Know what rights you want to retain.
Identify a publisher that allows authors to retain most rights.
Include an Addenda to the publisher agreement.
Opt to publish in an Open Access journal and use various
licensing resources, such as Creative Commons.
• Science Commons: Scholars Addendum Engine
• SPARC Author Addendum
• University of Michigan Authors Addendum
• MIT Faculty Open Access Policy
Creative Commons
(new licensing model)
What it is and how it benefits
teaching and research
A solution to a copyright problem
• Copyright is automatic
– No opt in
– No opt out
• Copyright is restrictive
– Rights belong ONLY to the author
– Can be transferred or shared
– But for mass distribution online? How?
Licenses and Marks
• The license is a contract
– How do we transfer copyright rights?
– How do we give or get permission?
– Creative Commons is a set of licenses (a type of
contract) with standard terms, for permission to
copy/share/modify copyrighted work
• The mark is a standard symbol that content
consumers can recognize and trust
The Licenses: Four Conditions
Attribution – the license lets others distribute, remix,
tweak and build upon the work, even commercially as
long as credit is given to the original creation (most
accommodating/maximum dissemination)
Noncommercial – this license allows others to remix,
tweak and build upon the work non-commercially; new
work must acknowledge and be non-commercial
No Derivative Works – this license allows for
redistribution, commercial and non-commercial, as long
as it is passed along unchanged and in whole with credit
to the creator.
Share Alike – this license lets others remix, tweak or
build upon original work (even for commercial use) as
long as there is credit and it is licensed as a new creation
under same terms (used for open source software
Six Combinations
Attribution – Share Alike
Attribution – No Derivatives
Attribution – Noncommercial
Attribution – Noncommercial – Share Alike
Attribution – Noncommercial – No Derivatives (Accessed 14 March 2011)
The Benefits: Using CC-licensed works
• Teaching
– In classroom face-to-face
– Online course development
– Course materials
• Creative works
– No-risk use of images, music, text, film, etc. to
inspire/build upon/mashup into new creations
• Research
– Same as above
Licensing your own works
• Creative Commons web site
• Choose a license based on what you want to
allow users to do
• Registration process – there is none!
• Display the mark and link to the license text
• Creative Commons licensing benefits
– Content providers
– Content consumers
– Teachers/researchers
• Authors can retain rights (to copy, share,
modify, etc.) in publishing contracts
Resources - International
• WIPO: World Intellectual Property Organization
• Includes sections on:
– Copyright and Related Rights
– WIPO Intellectual Property Handbook: Policy, Law and Use
– WIPO Administrative Treaties
– Frequently Asked Questions
Copyright for Librarians
• An online open curriculum on copyright law
developed by Harvard’s Berkman Center for Internet
and Society in 2012
• Provides librarians in developing and transition
countries information concerning copyright law
• Includes information on copyright theory, public
domain, how copyright law is interpreted and shaped
• Contains a glossary of copyright terms
• Available multiple languages
• Is a downloadable PDF
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