Perspectives on Negotiating Licenses and Copyright John Ober Office of Scholarly Communication and California Digital Library University of California SPARC/ACRL Forum at ALA Midwinter January 21, 2006
Questions Is copyright the lynchpin?
Questions Is copyright the lynchpin? Role of publication agreements?
Questions Is copyright the lynchpin? Role of publication agreements? Incentives and motivation?
Questions Is copyright the lynchpin? Role of publication agreements? Incentives and motivation? Perspective a total copyright environment?
The Current Landscape Plateau of understanding (defensible benefits of retaining rights)
The Current Landscape Plateau of understanding (defensible benefits of retaining rights) Valley of tradition (transfer all rights)
The Current Landscape Mountains of implementation? Plateau of understanding (defensible benefits of retaining rights) Valley of tradition (transfer all rights)
Advancing the creation, dissemination, and preservation of knowledge a common philosophy But Question 1 can copyright be the practical lynchpin connecting scholars, universities, libraries, and publishers?
Faculty (some) Copyright retention (probably) dissemination options, which, when used (probably) use & impact, which (possibly) reward from my scholarship.
Libraries/librarians (some) Copyright retention is a precondition for new forms of dissemination, which (possibly) economic problems.
Libraries/librarians Faculty copyright retention is a precondition for us to help disseminate (manage, and preserve) our institution s scholarly output. (some) Faculty copyright retention is a precondition for new forms of dissemination, which (possibly) economic problems.
Encourage retention through addenda & new contracts
Deepen our contextual understanding e.g. Mellon-supported study, cf: CIBER studies 50% of UC faculty understand that copyright transfer may limit ability to post/use material elsewhere 66% of faculty think retaining copyright is important 18% have modified pub. agreements 8% have refused to sign b/c of rights issues 67% need to understand open access options Postprint Repository Services: Context and Feasibility at the University of California March, 2005. Available at http://osc.universityofcalifornia.edu/responses/activities.html
Deepen their contextual understanding
Assemble expertise
Tools and services
From: escholarship Subject: UC's escholarship Postprint Service Dear [UC Faculty Member], A postprint (electronic reprint) of your 2005 article(s) listed below may be eligible for submission to the University of California's escholarship Repository. * [Title], [Date], [Journal], [author1, author2,..]. An account has been established for you in the escholarship Repository, and we are pleased to announce that you may now assign a proxy to submit your postprint(s) for you. Depositing postprints increases readership of your work and those of UC faculty in general; we hope you will take a few minutes to post your eligible publications. Many previously published peer-reviewed articles can now be put into open access repositories like UC's because of the recent liberalization of publishers' policies. Click this link to activate your escholarship postprints account: http://repositories.cdlib.org/cgi/upload_potential_articles.cgi?context=postprints &login=xxxx
escholarship Postprint solicitation ~ 8,000/yr (50% of UC s output) eligible by publisher policy ~ 7% response rate so far (1,100/15,000) ~ 45% of those rejected - impermissible use of publisher s version ~ 1,100 postprints since citation harvesting began (since April 05 covering 04-05 articles) ~+20% increase in working paper deposits since citation harvesting began 2.4 million downloads of escholarship s 11,000 papers
Question 2 - In addition to addenda, what infrastructure is needed to support scholars management of their copyright? Contract addenda Expertise Tools & services Education & outreach
Additional infrastructure elements one-click deposit environment automated, invisible rights clearance advance/institutional negotiations with publishers partnerships in adding value to content without owning the content outright version control & relationships discovery services citation and impact metrics???
Question 3 incentives and motivation? Evidence after the fact is one thing
Question 3 incentives and motivation? Enticement is another thing altogether
Incentives and motivation
Incentives and motivation Faculty senate committee proposal: [UC] faculty shall routinely grant to [The Regents] a limited, irrevocable, perpetual, worldwide, non-exclusive license to place the faculty member s scholarly work in a noncommercial open-access online repository. Part of a suite of papers under discussion for adoption at UC. Available at http://www.universityofcalifornia.edu/senate/committees/scsc/reports.ht ml
Incentives and motivation Faculty senate committee proposal: [UC] faculty shall routinely grant to [The Regents] a limited, irrevocable, perpetual, worldwide, non-exclusive license to place the faculty member s scholarly work in a noncommercial open-access online repository. In the event a faculty member assigns all or a part of the faculty member s copyright rights to a publisher as part of a publication agreement, the faculty member must retain the right to grant this license to the Regents. [continues with opt out clause] Part of a suite of papers under discussion for adoption at UC. Available at http://www.universityofcalifornia.edu/senate/committees/scsc/reports.ht ml
Question 4 can we assemble a total copyright environment? Copyright mgmt & journal publishing