[GOAL] {Disarmed} RE: Re: [sparc-ir] question about co-authors and self archiving

Tue Feb 5 19:56:39 GMT 2013

Hi all,

    In US law, a work is jointly authored only if each author contributed copyrightable expression that was intended to be merged into a single work and that the authors intended to be joint authors.  In many other cases, you may have two independent authors - one of the text and another of a figure, for example.

   If a work really is jointly authored, either author can grant permission or non-exclusive licenses over the objection of the co-author so long as the granting author shares any licensing revenue equally with the co-author.  If it is an exclusive license - such as in a publication agreement - then the co-authors have to agree.

Wish this weren't so complicated, but that's copyright.  I explain the issues around authorship of scholarly articles in more detail in the early parts of this white paper.  http://www.arl.org/sparc/advocacy/nih/copyright.shtml

Best,

Mike

Michael W. Carroll

Professor of Law and Director, 

Program on Information Justice and Intellectual Property

American University, Washington College of Law

4801 Massachusetts Ave., N.W.

Washington, D.C. 20016

(202) 274-4047 (voice)

(202) 730-4756 (fax)

vcard: http://www.wcl.american.edu/faculty/mcarroll/vcard.vcf

Research papers: http://works.bepress.com/michael_carroll/ <http://law.bepress.com/michael_carroll/> 
http://ssrn.com/author=330326
blog: http://www.carrollogos.blogspot.com/ <http://www.carrollogos.org/> 

See also www.creativecommons.org <http://www.creativecommons.org/> 

From: goal-bounces at eprints.org [mailto:goal-bounces at eprints.org] On Behalf Of Macklin, Lisa Alsing
Sent: Tuesday, February 05, 2013 10:48 AM
To: Stephen X. Flynn; Stevan Harnad
Cc: Global Open Access List (Successor of AmSci); sparc-ir
Subject: [GOAL] Re: [sparc-ir] question about co-authors and self archiving

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>
Date: Monday, February 4, 2013 8:31 PM
To: Stevan Harnad <harnad at ecs.soton.ac.uk>
Cc: "Global Open Access List (Successor of AmSci)" <goal at eprints.org>, sparc-ir <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> 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

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