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<DIV dir=ltr align=left><SPAN class=248414909-29092014><FONT color=#0000ff
size=2 face=Arial>SIngle book authors (including academic authors) retain
copyright as standard. It is usually argued (indeed I used to use this
argument myself) that compilations, such as edited books or journals, needed to
have a single copyright owner (i.e. the publisher) to make rights administration
manageable. However, since many journals are now 'hybrid' and include OA
articles, I wonder if the administration side has evolved to keep
pace?</FONT></SPAN></DIV>
<DIV dir=ltr align=left><SPAN class=248414909-29092014><FONT color=#0000ff
size=2 face=Arial></FONT></SPAN> </DIV>
<DIV dir=ltr align=left><SPAN class=248414909-29092014><FONT color=#0000ff
size=2 face=Arial>Sally</FONT></SPAN></DIV>
<DIV> </DIV>
<DIV align=left><FONT size=2 face=Arial>Sally Morris</FONT></DIV>
<DIV align=left><FONT size=2 face=Arial>South House, The Street, Clapham,
Worthing, West Sussex, UK BN13 3UU</FONT></DIV>
<DIV align=left><FONT size=2 face=Arial>Tel: +44 (0)1903
871286</FONT></DIV>
<DIV align=left><FONT size=2 face=Arial>Email:
sally@morris-assocs.demon.co.uk</FONT></DIV>
<DIV> </DIV><BR>
<DIV lang=en-us class=OutlookMessageHeader dir=ltr align=left>
<HR tabIndex=-1>
<FONT size=2 face=Tahoma><B>From:</B> goal-bounces@eprints.org
[mailto:goal-bounces@eprints.org] <B>On Behalf Of </B>Chris
Zielinski<BR><B>Sent:</B> 29 September 2014 10:14<BR><B>To:</B> Global Open
Access List (Successor of AmSci)<BR><B>Subject:</B> [GOAL] Re: Librarians,
copyright and the IR<BR></FONT><BR></DIV>
<DIV></DIV>
<DIV dir=ltr>
<DIV>
<DIV>
<DIV>From my perspective as a former head of the UK collecting society for
British authors. the Authors Licensing and Collecting Society, I think the real
weak link in the copyright chain is the academic author. If authors claimed or
retained their copyright more strongly and just gave publishers publication
licenses for specific uses, they could control, or at least influence, the
openness of publication. <BR><BR>Some publishers insist they need a 100%
copyright transfer (including their right to re-publication by all and any
future technologies in the known and unknown universe, my slight exaggeration of
the "Mickey Mouse" clause made infamous by the Disney corporation). Academic
authors should resist this strongly.<BR><BR></DIV>Of course the library
community may then wring its hands in despair that it will become even harder to
chase authors for rights...<BR><BR></DIV>Best,<BR><BR>Chris <BR></DIV>Chris
Zielinski <A
href="mailto:chris@chriszielinski.com">chris@chriszielinski.com</A><BR></DIV>
<DIV class=gmail_extra><BR>
<DIV class=gmail_quote>On 28 September 2014 15:39, Heather Morrison <SPAN
dir=ltr><<A href="mailto:Heather.Morrison@uottawa.ca"
target=_blank>Heather.Morrison@uottawa.ca</A>></SPAN> wrote:<BR>
<BLOCKQUOTE class=gmail_quote
style="PADDING-LEFT: 1ex; MARGIN: 0px 0px 0px 0.8ex; BORDER-LEFT: #ccc 1px solid">Copyright
and intellectual property are arguably among the most important and most
contentious social issues of our times. The internet can be used for open
sharing or for vigorous enforcement of an expanding range of IP rights. What
kind of society emerges in the future will depend a lot on the outcome of some
of the current debates. The open access movement is a key driver of the push
for open sharing.<BR><BR>Libraries and librarians are active proponents not
only of open access but also fair and balanced copyright, at an international
level. Library associations like the International Federation of Library
Associations (IFLA) and the European Bureau of Library, Information and
Documentation Associations (EBLIDA), are among the very few voices for the
users of copyrighted materials at international venues such as the World
Intellectual Property Organization (WIPO) and the EU. Library associations
work with like-minded groups to uncover the intellectual property discussions
that have moved from relatively open, democratic venues such as WIPO to
secretive trade treaties (the now-defunct ACTA, TAFTA, the TPP). Library
associations are among the most vocal and effective advocates for balance in
copyright laws at the national level.<BR><BR>At the institutional level, my
perspective is that there is a growing role for librarians with respect to
copyright. This is in part due to the increasing role of librarians in
scholarly communication. Another factor is the shift from print-based
materials and copyright to the electronic environment where the mix of
contract, licensing and rapidly evolving copyright law make for a much more
complex and not at all settled environment. Here, librarians play a central
role in the licensing of electronic resources which overlaps with copyright.
The push by ARL libraries and others to eliminate non-disclosure clauses and
the fight for public libraries' right to lend e-books are examples of library
leadership in these areas. The institutional roles of libraries can include
such matters as educating and advising the community and formulating
institutional policy.<BR><BR>Again from my perspective, there is an increasing
tendency for librarians to take on a leadership role with respect to copyright
at academic institutions, precisely because of the overlap with related
functions (licensing and scholarly communication), and this is a good thing.
Information studies programs are expanding their education in this area. For
example, I am currently teaching a course in the MIS program at ÉSIS on
information and the law, and copyright is a major focus.<BR><BR>It is in the
context of this understanding of these leadership roles of the profession in
the areas of copyright and licensing that I argue that in the case of the
institutional repository, where authors are depositing their own work, the
library should avoid taking on the role of copyright guarantor. This should
remain in the hands of the depositor / author, unless the author specifically
requests that the library undertakes this service. If we wish scholarly
authors to assert their own rights to their work, then when they come to the
library to deposit their work in the IR, it is reasonable to presume that the
author has this right, and that if they do not have such a right, then they
should be aware of their actions in transferring copyright, or at the very
least that they are adults and have the right to take responsibility for their
own actions. It strikes me that some good legal language to make it clear who
is taking responsibility (the individual, not the library except if the
library is asked to do this) would be helpful.<BR><BR>Libraries have
relationships with publishers which overlaps this scenario. My suggestion is
that libraries should only undertake to bring copyright into such
relationships when it clearly increases the rights of authors to disseminate
their work. With a good faculty permissions policy (like MIT's), the library
is in a position to negotiate blanket dissemination of a publisher's works in
the IR along with their license. Many libraries are now negotiating for rights
for their own authors in their contracts for subscriptions. For the faculty
member, this is a pure positive (more dissemination, less work for them),
where being denied a right to post one's own work is a
negative.<BR><BR>best,<BR><BR>--<BR>Dr. Heather Morrison<BR>Assistant
Professor<BR>École des sciences de l'information / School of Information
Studies<BR>Master of Information Studies (M.I.S.) program accredited by the
American Library Association<BR>Maîtrise en sciences de l’information (M.S.I.)
accréditée par l’American Library Association<BR>University of Ottawa<BR><A
href="http://www.sis.uottawa.ca/faculty/hmorrison.html"
target=_blank>http://www.sis.uottawa.ca/faculty/hmorrison.html</A><BR><A
href="mailto:Heather.Morrison@uottawa.ca">Heather.Morrison@uottawa.ca</A><BR><BR><BR><BR>_______________________________________________<BR>GOAL
mailing list<BR><A href="mailto:GOAL@eprints.org">GOAL@eprints.org</A><BR><A
href="http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal"
target=_blank>http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal</A><BR></BLOCKQUOTE></DIV><BR></DIV></BODY></HTML>