Unisa Library Institutional Repositories: Copyright Content: Background Definitions Parties involved in the IR copyright process Types of scientific output usually found in IR’s Types of copyright publications in IR’s Types of publishers concerned with IR’s Types of restrictions that may apply on publications Recommendations Bibliography and web sites Addendum A: Unisa Theses and Copyright Addendum B: Example letter: Copyright permission on behalf of author Addendum Example letter: Authors own request for copyright permission Addendum D: Addendum D: Example of a copyright workflow permission document for one authors publications 1. Background Copyright investigation will need to be done for every publication uploaded into the IR. The library’s role is to support the investigation into the copyright ownership of each already published article, to help with the creation of a new publishing agreement between authors and publishers ongoing intellectual property rights management Re-negotiation of current and new online journal agreements to support the submission of articles written by Unisa staff in to the IR. Providing advice on copyright and intellectual property right issues in consultation with the Unisa Legal Services Office 2. Definitions Author-payment model The author pays a submission fee to the journal which allows for the article to be openly accessible. Commercial publisher Copyright 1 Copyright is concerned with the rights of exploitation of a publication, that is the re-use, replication and re-publication of a work. The copyright of a publication generally rests with the author of the work, unless the rights has been transferred to a commercial publication via a Copyright Transfer Agreement signed between the author and the publisher. Copyright Transfer Agreement An agreement usually signed between a commercial publishers and the author outlining the rights that the author has to re-use his or her work after its publication. In most cases, the publisher may allow for some archiving in repository systems, although specific preconditions regarding the version of the work may be set, i.e. pre-print or final version/ post-print. However, some restrictions are placed eg. you may only use the pdf version, embargo periods. Create Commons Licence Allow for the making of scientific information available for the international community, without the usual copyright restrictions, provided that the copyright has not already been transferred to a publisher. Used as a basis for the Deposit Licence for the repository. http://creativecommons.org/ Educational use E-Print An electronic version of a research paper, either pre- or post-print, which has been created for the purpose of enhancing other researchers access to the research paper. (Sherpa project document) Institutional Repository “a university-based institutional repository is a set of services that a university offers to the members of its community for the management and dissemination of digital materials created by the institution and its community members. It is most essentially an organizational commitment to the stewardship of these digital materials, including long-term preservation where appropriate as well as organization and access or distribution…” Clifford Lynch, 2003 Open access Budapest Open Access Initiative (BOAI) definition: “free availability on the public internet, permitting any users to read, download, copy, distribute and/or print, with the possibility to search to the full texts of these articles, crawl them for indexing, pass them as data software, or use them for any other lawful purpose, without financial legal, or technical 2 barriers other than those inseparable from gaining access to the internet iteself” http://www.soros.org/openacces/read.shtml/ Own / personal web site Post-prints The final version of a publication, similar to the publication that appeared in the printed journal. Pre-prints A publication before it has been peer-reviewed. Example: ePrints.org (http://www.eprints.org/) Sometimes not the final copy of a publication. Publishing agreement A publishing agreement is a document which formally sets out the rights and responsibilities of both the publisher and the original copyright owner of the work. The agreement should be in a written format, two copies should be signed and the author should keep a copy for himself for further reference. 3. Parties involved in the IR copyright process For each of the following groups key issues and criteria should be considered before the implementation of the IR (those in bold are the main stakeholders): Author – creator of the work – need to determine what rights was signed over to publisher; Institution – owner of the IR who wants to make the work available, work was created by employee of the institution Funder – some works are produced with finance from a funder – may hold rights Publisher – publisher of the work, author has signed over rights to the publisher Users - wants to use the work, institution should determine the rights and restrictions Library - needs to manage the copyright and access to the works General public – would like to use works for free 4. Types of scientific output usually found in IR’s Articles and papers published in journals Theses Books and book chapters Conference papers Conference posters Pre-prints and post-prints of papers published in journals Audio-visual materials Journals of the institution Patents Datasets Software 3 Video recordings, events celebrated, etc. Types of copyright publications in IR’s Non-published works: Masters theses Doctoral theses Determine copyright holder (Unisa in all cases?) Author must express his or her consent in some way that theses may be included in an open access IR and to grant authorization to communicate publicly his or her work. Determine of any confidentially was placed on the theses – metadata should enforce.. Published works: Journal articles Conference papers – text and slides Contributions to monographs Unpublished reports Most of the journals published by commercial publishers allow their authors to publish an article through their personal web site or the institution web page. It is now established practice from mainstream publishers to only require the author to include the web address of the original publication. Eg Elsevier. Although some publishers do not support self-archive formally, they may consider a request to self-archive with a formal written permission being required. Publications published under an Open Access licence Open access journals, sometimes free Journals with a generous open access policy Types of publishers concerned with IR’s Publishers Large commercial publishers Learned societies University presses Contacts inside publishers – details usually found on the “Author Instruction Page”: Editor of the journal Persons specifically appointed to deal with authors in general Persons specifically appointed to deal with author’s copyright 4 Types of restrictions that may apply on publications: No restrictions: Domain restricted for one year: Domain restricted for two years Withheld for one year: Withheld for two years Permanently withheld: 5 Recommendations 1. Compile policy on what to include in the IR – material produced for educational use? 2. Determine which Unisa authors to include in IR: teaching and research staff, admin, management, masters and doctoral students, student’s projects and investigations, internal special studies, external authors that publish in publications of the institution, teachers that support their subjects with the implementation of learning objects. 3. Compile a submission policy and environment for author’s self-archiving. 4. Create a Unisa IR Deposit Licence for academics to sign when they submit their work in the IR 5. Create a Permission Request Form / Clarification of Permission to use for those publications to that not provide for IR or self-archive rights upfront, or rights are unclear. 6. Ensure that metadata include intellectual property right management information, eg version control, quality control, application of restrictions and usage rights. 7. Determine if Unisa copyright transfer of theses should be amended to include an IR? Notice in postgraduate booklet? Confidential or secret theses? 8. Compile a Intellectual Property Right Policy for Unisa 9. Compile a Unisa Policy on the Ownership of Educational Materials. 10. Create a web portal with all relevant documents, policies, faq’s, etc. Example: University of Pretoria web page. 11. Investigate SHERPA to include or update South African journal titles. 12. Create templates for authors who would like to contact publishers themselves to ask for permission for the IR ( see White Rose Consortium) See addendum B and C for example letters. 13. See examples of Institutional Statement on Copyright. (Loughborough as example) 14. Create an FAQ on copyright and submission issues 15. identify staff to help with foreign language journals 6 Bibliography and web sites Alfa Network Babel Library. 2007. Guidelines for the creation of institutional repositories at universities and higher education organizations. Columbus: Europe Aid Co-Operations Office: Babel Library. 30p. http:// IR Copyright web sites http://www.lboro.ac.uk/departments/dis/disresearch.poc/pages/advtoolkitpublishers.html http://library.canterbury.ac.nz/rights.shtml Creative Commons http://creativecommons.org/ Australian National University. http://sts.anu.edu.au/demetrius/index.php 7 Addendum A: Unisa Theses and Copyright From Unisa Calendar, Part 1: General Information and Rules: PG15 Dissertation Unless otherwise decided by Senate, a student who wishes his/her dissertation or part(s) of the dissertation to be treated as confidential/secret must submit a fully substantiated application, supported by the institution concerned, when the title of the projected dissertation is initially submitted for approval. If it is approved that a dissertation be kept confidential/secret, the procedure to be followed will be determined by Senate. PG18 Cession of copyright and publication of a dissertation The copyright subsisting in a dissertation submitted to the University in fulfilment or part fulfilment of a master’s degree shall vest in the University, irrespective of whether such a dissertation is accepted or not. Consequently – (a) a cession of the copyright is required. On the registration form, the attention of students is drawn to the fact that by signing the form they cede to the University of South Africa the entire copyright, including the electronic rights, subsisting in any dissertation they may complete for the degree concerned at the University unless, in exceptional circumstances, they apply for exemption from the cession of copyright. Such an application must be fully substantiated. If a student’s dissertation is not accepted, he/she may, subject to the provisions of Rule PG16(1) (b) (b), apply to have the copyright ceded back to him/her by the University; no dissertation or any adaptation thereof, shall be published, in print or electronic format, without the permission of the University. Such permission may be granted subject to: I. the applicant effecting such changes as may be recommended by the supervisor, examiners or others; and such other conditions as the University may from time to time deem fit; II. some reference, in the published work, to the fact that it was submitted to the University of South Africa in the form of a dissertation; III. three copies of the published work being handed in at the University; IV. in the case of electronic publishing, an appropriate link being made to the Unisa website. (c) A student who wishes to publish a journal article based on research leading to or flowing directly from a dissertation shall obtain prior permission from his/her supervisor. Such permission is granted subject to: I. the supervisor being involved in finalising the text of the article for publication; II. acknowledgement in the article that it is based on research for a dissertation at University of South Africa; III. a copy of the published article being sent to the supervisor. Exemption from the operation of Rule PG18 will be granted in exceptional circumstances only. Question: Has any Unisa students requested a theses to be confidential or secret. 8 Addendum D: Example of a copyright workflow permission document for one authors publications Use Institutional Repository Workflow Plan for Copyright Investigation (see attached) Checked SHERPA for Copyright information Check Ulrich’s for publisher’s web site and information listed under Advertising, Rights, Demographics Find journal web site with copyright permission information and contact details Journal title Rivisita di Letterature Moderne e Comparate, 1988 Copyright status Sherpa Journal web site No http://www.pacinimedicina.it Italian Quarterly, 1989 No http://www.rci.rutgers.edu/~italian/ Unisa Latin American Report, 1989 No http://www.unisa.ac.za/press Studi d’Italianistica nell’Africa Australe. 1990 No http://www.wits.ac.za/api/bottom.htm South African Journal of Library and Information Science, 1990 No http://www.liasa.org.za/publications/sajlis.php Investigate copyright status In Italian only Listed on Ulrichs – no copyright information Copyright permission letter to publisher / editor Listed on Ulichs, no copyright information No copyright information on web Copyright permission letter to publisher / editor Listed in Ulrichs – no copyright information No copyright permission information on web site Copyright permission letter to publisher / editor No listing in Ulrichs Copyright permission letter to publisher / editor Listed in Ulrichs – web site incorrect, no copyright information LIASA journal No copyright permission on web 9 Journal of Literary Studies, 1996 No http://www.informaworld.com/openurl?genre=journal&issn=02564718 Diogene, 1996 Yes http://www.unesco.org/cipsh/eng/diogene.htm Stilet, 1997 No None American journal of Italian studies, 1997 No Desoto Press, USA http://gale.ecnext.com/coms2/profile-3yj1-DeSoto-Press.html Jura Soyfer: international Zeitschrift fur Kulturwissenschaften,1998 No http://www.soyfer.at Copyright permission letter to publisher / editor Unisa Press journal, now with Taylor & Francis Listed in Ulrichs See Taylor & Francis Open Access Policy Permission needs to be optained Not listed in Ulrichs Published by the International Council for Philosophy and Humanistic Studies with the support of Unesco 5 languages Copyright permission letter to publisher / editor diogene@unesco.org Not listed in Ulrichs No copyright information Copyright permission letter to publisher / editor Available in SA-EPublications as aggregator – no copyright permission Listed in Ulrichs No complete web site Copyright permission letter to publisher / editor Listed in Ulrichs Web site in German Copyright permission letter to publisher / editor to Juta Soyfer Gesellschaft 10 Mousaion, 2001 No http://www.unisa.ac.za/press Trans: Internet-Zeitschrift fur Kulturwissenschaften, 2001 No http://www.inst.at/trans International fiction review, 2003 No http://www.lib.unb.ca/Texts/IFR/index/html Scrutiny 2, 2003 No http://www.unisa.ac.za/press http://www.informaworld.com/openurl?genre=journal&issn=18125441 Tydskrif vir geesteswetenskappe, 2005 http://www.akademie.co.za/tydskrif_vir_geesteswetenskappe.htm Listed in Ulrichs No copyright permission Copyright permission letter to publisher / editor Listed in Ulrichs Journal free on the web May include full text with correct reference. Inform publisher Listed in Ulrichs No copyright information on the web Copyright permission letter to publisher / editor Not listed in Ulrichs Now with Taylor & Francis Copyright permission letter to publisher / editor Copyright belongs to publisher – Akademie vir Wetenskap en Kuns Copyright permission letter to Akademie 11