[GOAL] Re: [sparc-ir] question about co-authors and self archiving

Tue Feb 5 15:48:23 GMT 2013

In U.S. Copyright Law, joint authors are co-owners of the copyright in the work (see Section 201(a) of Title 17).  This means that each author can individually exercise their rights under copyright, but are accountable to each other for any profits made.  For institutional repositories, we advise co-authors that they can choose to deposit a jointly authored article in our repository (subject to any limitations of the publication agreement they signed) without the permission of the co-author, but in the interest of collegiality, they will want to discuss it with their co-authors first.  If a co-author objects, I think they need to come to an agreement among themselves.  There are mechanisms you can put in place in the repository to address the concerns raised by co-authors (metadata only, etc.) but I would recommend looking at the needs and interests of your faculty as a whole and not just the co-author question when designing the functionality of your repository.

Cheers,

Lisa

Lisa A. Macklin, MLS, JD
Director, Scholarly Communications Office
Emory University Libraries
540 Asbury Circle
Atlanta, GA 30322
404-727-1535
Follow us on Twitter @EmoryLibsOA

From: "Stephen X. Flynn" <sflynn at wooster.edu<mailto:sflynn at wooster.edu>>
Date: Monday, February 4, 2013 8:31 PM
To: Stevan Harnad <harnad at ecs.soton.ac.uk<mailto:harnad at ecs.soton.ac.uk>>
Cc: "Global Open Access List (Successor of AmSci)" <goal at eprints.org<mailto:goal at eprints.org>>, sparc-ir <sparc-ir at arl.org<mailto:sparc-ir at arl.org>>
Subject: [sparc-ir] question about co-authors and self archiving

If I may resurrect this question about joint authors.

Correct me if I'm wrong, but my assumption is that joint authorship is very much like a joint bank account. You, as the joint account owner, has just as much the ability to withdraw money, write checks, initiate wire transfers, etc as the other account owner. Isn't joint authorship very similar? One co-author has the ability to exercise his or her rights to self-archive the work in an IR (provided the journal's policies allow this). Why should one co-author be able to prevent others from self-archiving?

----
Stephen X. Flynn
Emerging Technologies Librarian
The College of Wooster
Wooster, OH
(330) 737-1755

On Dec 4, 2012, at 11:31 AM, Stevan Harnad wrote:

On 2012-12-04, at 10:44 AM, Elizabeth Kirk <elizkirk at gmail.com<mailto:elizkirk at gmail.com>> wrote:

All,

We have a group of faculty very interested in promoting an OA policy

for faculty deposit of journal articles. People are very interested in knowing

in advance how other institutions with such policies handle cases where one

of multiple authors of an article refuses/is not able to allow the posting of an article to an IR.

1. Deposit the article anyway, but set access as Closed Access
instead of OA: metadata are OA, article is not.

2. Implement the email-eprint-request Button.

 Do you
 ·         --embargo the deposited article?

You can set the Closed Access to elapse after the embargo period, if you wish.

·         --allow a “pass” and not ingest the article?

Definitely do *not* omit the article altogether.

Stevan Harnad

·         --other possible solutions?

Thanks so much for your assistance. Please feel free to respond privately.

All the best,

Eliz

Elizabeth E. Kirk

Associate Librarian for Information Resources

Dartmouth College Library

6025 Baker Library, Rm. 115

Hanover, NH, USA

tel: (603) 646-9929

fax: (603) 646-3702

elizabeth.e.kirk at dartmouth.edu<mailto:elizabeth.e.kirk at dartmouth.edu>

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