The Beauty of Some Rights
Reserved: An Introduction to Creative
Commons
Molly Kleinman, University of Michigan Library
makleinm@umich.edu
This work is licensed under a Creative Commons Attribution License
Overview
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Copyright basics and author rights
Using copyrighted work
Reproduction by libraries and ILL
Introduction to Creative Commons
Open Access, Public Access, and more
Reaching out to faculty and researchers
Copyright Basics
The Congress Shall have power To
promote the Progress of Science and
useful Arts, by securing for limited
Times to Authors and Inventors the
exclusive Right to their respective
Writings and Discoveries.
Article
I, Section 8, Clause 8 of the United States Constitution
Photo by Amanda Walker
What is copyright?
Copyright is a bundle of rights:
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The right to reproduce the work
The right to distribute the work
The right to prepare derivative works
The right to perform the work
The right to display the work
Mommy, where does copyright
come from?
Copyright happens automatically the moment
a work is created, and lasts for the life of the
author plus 70 years.
You used to need a copyright symbol ©, and
to register your work with the copyright office,
but you don’t anymore.
Copyright just happens.
Requirements for Copyright
Protection
• Fixed in a tangible medium of
expression
• Original work of authorship
• Creative
What copyright protects
Copyright protects…
• Writing
• Music
• Plays
• Choreography
• Visual art
• Film
• Sound recordings
• Architectural works
Copyright doesn’t
protect…
• Ideas
• Facts
• Titles
• Data
• Useful articles (that’s
patent)
The Public Domain
Works in the public domain are free for
anyone to use, without permission.
• Works published before 1923
• Some works published between 1923
and 1963, but it’s complicated
• Works by the United States
Government
The duration of copyright
Copyright, the good old days:
14 yrs.
+14 yrs.
And you had to register
Copyright today:
Life of the author
No registration required
(unless you want to sue)
|
+ 70 yrs.
Term Extensions
Source: Tom Bell, http://www.tomwbell.com
Who is the copyright holder?
• The creator is usually the initial copyright
holder.
• If two or more people jointly create a work,
they are joint copyright holders, with equal
rights.
• With some exceptions, work created as a part
of a person's employment is a "work made for
hire" and the copyright belongs to the
employer.
How is copyright transferred?
• Exclusive transfer, a.k.a. Assignment
– Copyright holder loses rights
– Must occur in writing
• Non-exclusive license, a.k.a.
Permission
– Copyright holder retains rights
– Can be in writing or verbal
Copyright Transfer Agreement
Exercise
• Which agreement gives the author the
fewest rights?
• Which agreement gives the author the
most rights?
• What surprised you when you were
reading these agreements?
Using Copyrighted Work
Exclusive rights, and limitations
Section 106 outlines the exclusive rights of
copyright holders.
Sections 107 through 122 outline all of the
limitations on and exemptions from
those exclusive rights.
(Turns out copyrights are not as exclusive as
you might have thought.)
Fair Use
Section 107
There is no easy formula for determining fair
use, but there are four factors to consider:
1) The nature of the work (factual, creative)
2) The purpose of the use (educational, forprofit)
3) Amount of the work being used
4) The potential impact of the use on the
market for the original.
First Sale Doctrine
Section 109
Allows anyone to lend, borrow, and re-sell
physical copies of copyrighted works.
Exemptions for teaching
purposes
Section 110
• Often referred to as the
TEACH Act, which is only the
most recent update
• Applies to educational use,
both in face-to-face
classrooms and online
• Allows teachers to show or
display all kinds of content,
including music and movies,
as long as it is relevant to the
curriculum.
Clearing permissions
• Begin the process as early as possible.
• Make your request in the manner
preferred by the publisher, even if that
manner is fax.
• Provide detailed information about the
work you want to use and the way you
plan to use it.
• Follow up regularly
•
Obligatory mention of the Copyright Clearance Center (CCC)
Orphan works
If you can’t figure out who the
copyright holder is, or cannot get a
response from the person you think
might be the copyright holder, you
are dealing with an orphan work.
75% of all books are out of print but
still under copyright.
Break!
Reproduction by Libraries and
Archives
Section 108: It’s a mess, but it’s
our mess
Reproduction by Libraries & Archives
Section 108(a)
1) Copies are made without any commercial
advantage
2) The collections of the library or archives
are
– (i) open to the public, or
– (ii) available not only to researchers affiliated
with the library or archives or with the
institution of which it is a part, but also to other
persons doing research in a specialized field;
and
3) The copies must include a copyright
Unpublished Works
Section 108(b)
• The library or archive must own the
work
• Copying only for preservation & security
OR deposit for research & use in a
library or archives
• Three copies
• If digital, access is limited to the
premises
Published Works - 108(c)
• Copying only
– To replace a copy that is “damaged, deteriorating,
lost or stolen”
– Or if the existing format has become obsolete
– Obsolete = rendering device no longer available
or manufactured in the marketplace
• Only if an unused replacement is not
available at a fair price
• 3 copies
• If digital, access is limited to library premises
Interlibrary Loan - 108(d-g)
• The copy must become the property of the
user
• Library must have had no notice that the copy
will be used for any purpose other than
private study, scholarship, or research
• Library must display prominently, at the place
where orders are accepted, and includes on
its order form, a warning of copyright
• “Systematic reproduction” in “aggregate
quantities” is prohibited
CONTU Guidelines
• Commission on New Technological Uses
of Copyrighted Works (CONTU)
• Drafted by a group of publishers,
librarians, teachers, and other
stakeholders
• Final Report released in 1978(!)
http://digital-lawonline.info/CONTU/PDF/index.html
Rule of Five
For works published in the last five years,
a library may request no more than five
articles from a single journal title in a
calendar year.
5 articles +
< 5 years old +
1 journal =
Rule of Five
CCG or CCL? OMG!
CCG = Compliance CONTU Guidelines
CCL = Compliance Copyright Law
• Borrowing libraries must state which set of
rules applies to each request
• Lending libraries are not responsible for
confirming that the request complies with
the relevant regulations, but they must
require a statement of compliance.
Responsibilities
Borrowers
• Include copyright
compliance statement
• Pay royalties on
copies that exceed
CONTU guidelines
• Keep records of all
borrowing requests,
filled or unfilled, for 3
years
Lenders
• Display copyright
notice
• Require compliance
statement
• Deny requests that
don’t comply w/
CONTU or © law
• Comply w/ licenses of
electronic journals
ILL and Licenses
Licenses beat limitations every time
• Read your licenses
• Negotiate for more rights
• Find a way to track your licensed rights
Enter Creative Commons
A brief video interlude…
http://creativecommons.org/videos/getcreative
What is
?
Creative Commons provides free legal
tools that let authors, scientists, artists,
and educators easily mark their creative
work with the freedoms they want it to
carry.
How can it help?
Copyright comes with several
rights, and creators may not
want or need all of them.
Creative Commons allows
creators to mark their work
with permissions, and it gives
everyone a growing pool of
resources that are free to use
without asking.
Mix and Match Licenses
Attribution
Non-Commercial
Share Alike
No Derivative Works
Creators combine the different elements
to create a license that suits their
needs, and tells users what they can
and can’t do with the work.
The six major licenses
Attribution
Attribution Share Alike
Attribution No Derivatives
Attribution Noncommercial
Attribution Noncommercial Share Alike
Attribution Noncommercial No Derivatives
Three kinds of code
1) Human Readable
2) Lawyer Readable
3) Machine Readable
Human Readable Code
Lawyer Readable Code
Machine Readable Code
<a rel="license"
href="http://creativecommons.org/licen
ses/by-nc/3.0/">
<img alt="Creative Commons License"
style="border-width:0"
src="http://i.creativecommons.org/l/by
-nc/3.0/88x31.png" />
</a>
<br />This
<span
xmlns:dc="http://purl.org/dc/elements/
1.1/"
href="http://purl.org/dc/dcmitype/"
rel="dc:type">work</span> is licensed
under a
<a rel="license"
href="http://creativecommons.org/licen
ses/by-nc/3.0/">Creative Commons
Attribution-Noncommercial 3.0
License</a>.
What can be licensed?
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Photographs
Video
Articles
Illustrations
Websites
Music
Any copyrighted creation, especially if it is
online.
Where to find licensed work
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http://flickr.com
http://ccmixter.org
http://oercommons.org
http://merlot.org
http://creativecommons.org
http://google.com/advanced_search
How to use licensed works
• Make sure that your use complies with
the terms of the license
• If your work will be online, include a link
back to the original work
• Attribute the original creator
• Include the Creative Commons license
Ideal attribution
This video features the song “Play Your
Part (Pt.1)” by Girl Talk, available under
a Creative Commons AttributionNoncommercial license. © 2008, Greg
Gillis.
Practical Attribution
“CC on Disk” by Yohei Yamashita, CC-BY
http://www.flickr.com/photos/monana7/3
21409149/
Choosing a license
• Do you hold the copyright?
• Are you comfortable with people
profiting from your work?
• Are you comfortable with people
changing your work?
• Do you want derivatives of your work to
carry Creative Commons licenses?
Applying a license
• Visit http://creativecommons.org to pick
a license.
• Copy and paste the code into your
website.
A license notice
This work is licensed under a Creative
Commons Attribution Noncommercial
3.0 license.
Open Access, Open
Education, Open Everything
What do we mean by open?
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Open to contributions and participation
Open and free to access
Open to use & reuse with restrictions
Transparency
Open to contributions and
participation
As opposed to…
Open and free to access
As opposed to…
Open to use and reuse with few or no
restrictions
As opposed to…
Transparency
As opposed to…
Commonalities
• Generally enabled by technology
• Works both inside and outside of
traditional models
• Supported by a variety of business
models
– Open ≠ Free
Open movements
• Open access
– Public access
• Open source
• Open content
• Open education
• Open data
Open Access
By 'open access‘ to literature, we mean its free
availability on the public internet, permitting any users to
read, download, copy, distribute, print, search, or link to
the full texts of these articles, crawl them for indexing,
pass them as data to software, or use them for any
other lawful purpose, without financial, legal, or technical
barriers other than those inseparable from gaining
access to the internet itself. The only constraint on
reproduction and distribution, and the only role for
copyright in this domain, should be to give authors
control over the integrity of their work and the right to be
properly acknowledged and cited.
Open Access
By 'open access‘ to literature, we mean its free
availability on the public internet, permitting any users to
read, download, copy, distribute, print, search, or link to
the full texts of these articles, crawl them for indexing,
pass them as data to software, or use them for any
other lawful purpose, without financial, legal, or technical
barriers other than those inseparable from gaining
access to the internet itself. The only constraint on
reproduction and distribution, and the only role for
copyright in this domain, should be to give authors
control over the integrity of their work and the right to be
properly acknowledged and cited.
Key facts about Open Access
• Enabled by technology
• Exists in harmony with
peer review
• Works both inside and
outside of traditional
models
• Supported by a variety
of business models
Two (and a Half) Roads to
Open Access
1) Open Access publishing
2) Author self-archiving
2.5) Hybrid: Commercial
journals allow authors to
pay to make articles
freely available
1) Open Access Publishing
• Peer-reviewed
• Tends to be electronic-only
• Supported by variety of funding models
– Institution / funder supported OR authorsupported (2006 – 47% author supported)
• Generally allow authors to retain copyright and/or
license under Creative Commons
• 4983 OA journals are indexed in the Directory of
Open Access Journals across all disciplines
Challenges for OA Publishing
• Has taken time for impact factors to
build
• Just beginning to get a real sense of
what the costs are for supporting a high
quality open access journal – business
models still emerging
• Author pays model has better traction in
the STM community
2) Author self-archiving
• Literature published through traditional
channels that is made openly available
through deposit in an online repository
• Repositories can be institutional,
departmental, or discipline based
• Range of publisher policies on deposit
– Often post-prints (final author manuscript)
can be deposited but publisher version
cannot
Disciplinary Repository
Institutional Repository
Challenges for Self-Archiving
• Participation of faculty (particularly for
institutional)
– Discipline based repositories often rooted
in cultures used to sharing
• Questions of authority of pre-print/postprint
• Copyright issues murky and (often)
frustrating
– http://www.sherpa.ac.uk/romeo.php
2.5) Hybrid models
• Subscription based journals that allow the
author to pay to make article open access
Publisher
Price
Notes
Elsevier Sponsored
Article
$3,000
A few journals
Oxford Open
$1,500 / 3,000
Lower price if institution
subscribes; some journals
Springer Open Choice
$3,000
All journals
Wiley Funded Access
$3,000
Some journals
American Chemical
Society AuthorChoice
As low as
$1,000
Lowest price if institution
subscribes & have personal
membership
Plant Physiology
$1,000 / Free
OA free for members of ASPB
Common funding models
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Grants to publishers
Author charges
Institutional subscriptions
Society memberships
Library publishing services
Advertising
Compact for Open Access
Publishing Equity (COPE)
…[E]ach of the undersigned universities
commits to the timely establishment of
durable mechanisms for underwriting
reasonable publication charges for articles
written by its faculty and published in feebased open-access journals and for which
other institutions would not be expected to
provide funds.
http://www.oacompact.org/compact/
Open Source
• Free to download
• Open to modify
• Contribute back
code
Open Content
• Licensed to permit reuse & remixing
• Anything that’s copyrightable can
become open content: images, text,
music, video
• Open content licensing schemes
include Creative Commons and the
GNU General Public License
Open Education
Open Data
• Open access to the underlying reserach
data, not just papers
• Data should be available in reusable
forms (not tied up in pdfs for example) –
Data wants to be acted upon
• Working Group on Open Data in
Science (http://okfn.org/wiki/wg/science)
and Science Commons
(http://sciencecommons.org/)
Public Access
The NIH Policy, FRPAA, and
Institutional mandates
Public Access Mandates:
A very brief history
• Congress requested an NIH public access
mandate in 2004; The NIH enacted a
voluntary policy in 2005.
• In 2008, U.S. House and Senate passed a
bill that included mandatory OA deposit for
NIH funded research, and Bush signed it
into law.
• Last month, the Federal Research Public
Access Act (FRPAA, H.R. 5037) was
introduced in the House (again).
The NIH Public Access Policy
The Director of the National Institutes of Health
shall require that all investigators funded by the
NIH submit or have submitted for them to the
National Library of Medicine's PubMed Central
an electronic version of their final, peerreviewed manuscripts upon acceptance for
publication, to be made publicly available no
later than 12 months after the official date of
publication: Provided, That the NIH shall
implement the public access policy in a manner
consistent with copyright law.
The Details of the Policy
• Applies to all articles accepted for publication
on or after April 7th, 2008
• Affects research wholly or partially funded by
the NIH
• Requires deposit in PubMed Central of final,
peer-reviewed manuscript no later than 12
months after acceptance for publication.
• Is a legal obligation for researchers and a
grant condition for institutions
Compliance with the Policy
Complying with the policy involves three
elements:
– Obtaining copyright clearance from
publishers
– Submitting the article to PubMed Central
– Subsequent citation of the article
Obtaining Copyright
Clearance
An author can obtain the necessary
copyright clearance to submit an article to
PMC in one of three ways:
1. Publish in journals that do not claim an
exclusive right to the copyright of the article.
2. Publish in journals that allow authors to
comply with the NIH policy.
3. Amend the publication agreement with an
author's addendum that includes language
allowing deposit of the article into PMC
FRPAA
• Pending in the Senate
• Would take the basic framework of the
NIH mandate and apply it to all federal
agencies that spend $100 million a year
or more on extramural research
• Would allow deposit in any approved
repository, not require a single central
one.
• Would shorten the embargo to 6
Mandates: Harvard, Stanford,
MIT, Kansas, and more
• Faculty governing bodies passed Open
Access mandates for published work
• Nearly identical language, involving
permission to the university to deposit in
the IR, and including a waiver option
• Librarians provide support, especially in
outreach and education
Reaching out to Faculty and
Researchers
Why engage with faculty?
• They are producers and consumers of
the products of scholarly communication
• They edit journals, sit on editorial
boards, provide peer review, and are
officers of scholarly societies
• They are the movers behind many new
models of scholarship (often because of
their own frustrations with the traditional
model)
What’s the faculty point of
view?
• What are the practices
in a particular
discipline?
• How does the scholarly
society(s) approach
scholarly publishing
and communication?
• What’s the culture in
the department and
college?
Why Do Faculty and Researchers
Publish?
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To make an impact
To build a reputation
To engage with other scholars
To secure grant funding
To fulfill institutional and organizational
expectations
• Professional advancement
• To make money
Environmental Scan
Review the scholarly communication
environments for particular disciplines
and help to identify advocates and allies
within the faculty.
Questions to ask
• Who on the faculty are editors?
• What are the major scholarly societies? What are their
policies on author rights? Open access?
• Have any of the major journals published papers about
scholarly communication in the field?
• Is there a disciplinary repository? Is it well used?
• Do the common funders have open access mandates?
• What are the tenure and promotion codes in the
department?
• Are there faculty who are already involved in OA as
editors, authors, or instigators? (Befriend them).
Example: History Dept at Illinois
Example: History Dept at
Illinois
• Several editors of journals on faculty
• No disciplinary repository / no history of ‘pre-prints’ per
se but seminars where working papers are shared
seemed common
• Suspicious of depositing anything but the authoritative
version of article into repository
• Decline of monographs/univ presses a concern for many
• Some concern that their research wasn’t exposed and
some concern about control of their research
• Some interested in digital humanities but wouldn’t try it
until tenure was received
Supporting an OA mandate
• Must come from faculty; the library
should help behind the scenes
• Begin educating faculty about OA well
before the mandate comes to a vote
• Include a waiver option in the policy
• Focus on author deposit, not OA
publishing
What else can librarians do?
• Include scholarly communication in subject librarians
job descriptions
• Negotiate for self-archiving rights directly with
publishers
• Collect and catalog OA journals / books / textbooks
• Consider supporting OA author fees
• When OA saves money, talk about it!
• Start an institutional repository, or get more people
involved in the one you have.
• Negotiate for our rights when we publish!
Resources
• ARL Environmental Scan Outline and Tools
http://www.arl.org/sc/institute/fair/scprog/scprogc.shtml
• Univ. of Minnesota Environmental Scan Example
https://wiki.lib.umn.edu/ScholarlyCommunication/SurveyPartOne
https://wiki.lib.umn.edu/ScholarlyCommunication/ScanPartTwo
• ACRL Scholarly Communication Toolkit
http://www.acrl.ala.org/scholcomm/
• Create Change – ARL, SPARC, and ACRL
http://www.createchange.org/
• Peter Suber - Open Access News
http://www.earlham.edu/~peters/fos/fosblog.html
• Directory of Open Access Journals: http://www.doaj.org/
• Sherpa/Romeo Publisher Copyright Policies and Self-Archiving:
http://www.sherpa.ac.uk/romeo.php
Credits
“B&O tape recorder” by tobiastoft. CC-BY. http://www.flickr.com/photos/tobiastoft/3704019043/
“Browsing for books at The Strand” by SpecialKRB, CC-BY
http://www.flickr.com/photos/specialkrb/3790261673/
“Five Years” by Michael Ruiz. CC-BY http://www.flickr.com/photos/simax/3390895249/
“Rock, Paper Scissors” by Jesse Kruger. CC-BY http://www.flickr.com/photos/jessekruger/464375923/
“CC on Orange” by Yamashita Yohei, CC-BY http://www.flickr.com/photos/monana7/324669781/
“A Spectrum of Rights” panel by Ryan Junell,
http://creativecommons.org/about/licenses/comics1
“CC on Disk” by Yamashita Yohei, CC-BY http://www.flickr.com/photos/monana7/321409149/
“Decorate your Christmas with some CC schwags.” by laihiu. CC-BY
http://www.flickr.com/photos/laihiu/306546521/
“Ambientes” by bachmont. CC-BY http://www.flickr.com/photos/bachmont/1454164919/
“OPEN” by Tom Magliery, CC BY-NC-SA
http://www.flickr.com/photos/mag3737/1914076277/
“The winding roads of Spain” by SKI Tripper, CC-BY, http://www.flickr.com/photos/nzer/2640367659/
“335/365 - February 17, 2009” by Meddy Garnet, CC
BYhttp://www.flickr.com/photos/meddygarnet/3289273036/
“Wikipedia – Art Historian” by quartermane. CC-BY http://www.flickr.com/photos/mikeeperez/2453225976/
Slides 56-65, 69, 71, 74-75, 78-79, 82, 85, 95-97, 99-101, and 103 were created by Sarah Shreeves for
the ACRL Scholarly Communications 101 Roadshow; used and licensed with permission.
Questions?
Questions?