Scholarly Communication,
Open Access Publishing,
and ScholarWorks
Laura Quilter
Copyright & Information Policy Librarian
University Libraries
lquilter@library.umass.edu
November 30, 2012
Materials adapted from Marilyn Billings & Sarah Hutton, 2011-12
Scholarly Communication Trends
 “Scholarly Communication Crisis of ’90s”
 Increasing amounts of research and scholarship
born in digital form
 Need to collect and preserve this material
 Examine new scholarly publishing models
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Definitions
 Peer Review - evaluation of creative work or
performance by other people in the same field in
order to maintain or enhance the quality of the
work or performance in that field
 Open Access - unrestricted access via the
Internet to articles published in scholarly
journals, and also increasingly to book chapters
or monographs
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Open Access 101
http://vimeo.com/13686591
 Bonus: Scientist Meets Publisher
https://www.youtube.com/watch?v=GMIY_4t-DR0
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Scholarly Publishing: Traditional
Serials
Crisis
Editor
Academic
Library
cost
Publisher
Peer
Reviewers
budget
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Scholarly Publishing: New
rewards
*
*
copyrights
new business
models
editor
Publisher
university
taxpayers
*
open
access
Serials
Crisis
Academic
Library
cost
Peer
*Review
grants
*
budget
OA mandates
Source: Lee Van Orsdel’s “Basics” ACRL Scholarly Communication 101
http://scholarlycommunications.wustl.edu/pdf/VanOrsdel-Economics.pdf
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Ways You Can Support Open Access
 Choose open access for your papers, theses or dissertation
 Publish your future articles in open access journals
 Know your author rights: Read SPARC Author Rights
 Retain your rights to post open access versions of your
work in an open access digital repository like
ScholarWorks@ UMass Amherst or re-use or own work by
attaching the SPARC author addendum to all of your future
agreements with publishers.
 Contribute your professional services (editing, peer review)
to open access journals.
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Know Your Rights!
ARL Scholarly Publishing and Academic Resources
Commission (SPARC):
http://www.arl.org/sparc
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Using Copyrighted Works
Ways to use copyrighted works:
 Use works that are openly licensed or in the
public domain
 Apply a copyright exception (such as the fair use
doctrine)
 Request permission from the copyright holder
 Use non-copyrightable aspects of the work—such
as the “ideas” or facts in the work.
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Public Domain
 A public domain work is a work that is not in copyright and
which may be freely used by everyone.
 The major reasons that works are not in copyright include:
(1) the term of copyright for the work has expired;
(2) the creator failed to comply with required formalities to
protect the copyright;
(3) the work is a work of the U.S. Government; or
(4) non-copyrightable work – e.g., a list of facts; a method
or recipe.
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Copyright Slider
http://www.librarycopyright.net/digitalslider/
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The Four Factors of Fair Use
1. The purpose and character of your use
2. The nature of the copyrighted work
3. The amount and substantiality of the portion
taken
4. The effect of the use upon the potential market
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Fair Use Factor #1: Purpose / Character of the Use
Transform
FAIR
Non-Profit
Duplicate
NOT FAIR
Profit
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Fair Use Factor #1: Purpose / Character of the Use
Transformative
Educational
FAIR
•nonprofit, educational
•transformative in character (e.g.,
Non-Profit
parody)
•transformative in purpose (e.g.,
criticism; text mining; indexing)
Duplicate
Commercial
NOT FAIR
•for-profit; commercial
•duplicative, substitutive, nonProfit
transformative
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Fair Use Factor #2: Nature of the Original Work
Fact
FAIR
Material is the subject
of scholarly analysis
Creative
NOT FAIR
Material is intended
for use in education
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Fair Use Factor #2: Nature of the Original Work
Factual/ Published/
Out of Print
FAIR
Creative, Unpublished,
Commercially Available
NOT FAIR
•Factual
•Published
•Out
of print
Material
is the subject
•Creative/Artistic
•Unpublished
•Commercially
available
Material
is intended
of scholarly analysis
for use in education
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Fair Use Factor #3: Amount Being Used
Small Excerpt
FAIR
Peripheral Portion
Whole Work
NOT FAIR
“Heart of the Work”
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Fair Use Factor #3: Amount Being Used
Less taken
FAIR
•Small amount
•No more than is needed
Peripheral Portion
More taken
NOT FAIR
•Large amount
•More than is needed
•The “heart
of the
work”
“Heart
of the
Work”
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Fair Use Factor #4: Effect of Use
No Effect
FAIR
Posting behind Password
Replaces Purchase
NOT FAIR
Posting on Public Site
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Fair Use Factor #4: Effect of Use
No Effect
FAIR
•No effect on (substitution for) on
sales or possible sales or licenses
•Transformative,
small
portion, less
Posting
behind
Password
likely to affect market!
•Limited access (password-protected
sites) minimize effects on market.
Replaces Purchase
NOT FAIR
•Substitutes for sales
•Posting on public-access
websites maximizes impact on
market
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Fair Use Considers all Four Factors (plus)
Purpose & Character of Use
Nature of Work
Amount Used
Effect of Use on Market
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Copyright Decision Chart
--From University of Minnesota Libraries
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Creative Commons – Licensing Layers
Legal Code: (Legalspeak
“mumbo jumbo” for lawyers)
Human Readable: (Common
Deed) – a readable version for
the rest of us!
Machine Readable: CC Rights
Expression Language (CC REL)
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Creative Commons
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Creative Commons
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Sources for Creative Commons Licensed Materials
Music
Headphones by Kashirin Nickolai via Flickr
Video
Shruti by Sukanto Debnath via Flickr
Photos
YouTube and Joost by thms.nl via Flickr
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Sources for Creative Commons Licensed Materials
http://wiki.creativecommons.org/Main_Page
http://search.creativecommons.org/
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For More Information, Contact:
Laura Quilter
Copyright & Information Policy Librarian
Scholarly Communications Office
W.E.B. Du Bois Library
lquilter@library.umass.edu
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