How to Safeguard Your Open Access Copyrights

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Open Access Copyrights

Managing open access (OA) and copyright can be tricky. You want to make your research widely available while keeping control over how it is used. Here is how to protect your rights while still supporting OA.

Understand Open Access and Copyright

OA means your work is freely available to anyone, without paywalls or barriers. However, being open doesn’t mean you lose control over your work. OA publications are typically accompanied by Creative Commons (CC) licenses, which clarify how others can use, share, and build upon your work. These licenses are pivotal in defining your rights and the terms under which your work can be reused.

Types of CC licenses include:

CC0 (Public Domain Mark)

CC Zero allows anyone to use your work for any purpose, without needing to credit you. This is the most permissive CC license option.

CC BY-SA (Attribution and ShareAlike)

Similar to CC BY, but any new works derived from yours must carry the same license. This encourages further sharing, collaboration, and allows commercial use.

CC BY-ND (Attribution and No Derivatives)

Allows others to use and share your work, but they cannot alter it. This keeps your original work intact, and allows commercial use.

CC BY-NC-SA (Attribution and Non Commercial and Share Alike)

Combines non-commercial use with the requirement that derivative works from your work be licensed under the same terms, with credit given to you.

CC BY-NC (Attribution and Non Commercial)

Permits use and sharing for non-commercial purposes only, with credit given to you.

CC BY-NC-ND (Attribution and Non Commercial and No Derivatives)

This allows only limited non-commercial use of your work without modification, with credit given to you. It is the most restrictive CC license.

Tips On How to Protect Your Copyright

There are many things a researcher can do to protect their intellectual property and copyright, including:

Using Transformative Agreements:

As OA publishing grows, transformative agreements between publishers and institutions are becoming more common.This means you do not have to worry about paying additional article processing charges (APCs), and your work is freely accessible to everyone.

However, it is crucial to understand how these agreements affect your copyrights. Even with such agreements, you should carefully check the terms to make sure your rights are protected. This includes knowing how your work will be licensed and ensuring that you retain control over how it’s used and shared.

Be Mindful of Third-Party Content:

If your work includes third-party content, such as images or data from other sources, ensure you have the right permissions to use it. Copyright law requires you to get permission from the copyright holder unless the content falls under fair use. Always check the licensing terms and include proper attribution.

If you are reusing content under CC licenses, adhere to the specific terms set by the original creator.

Know the Difference Between Open Access and Subscription Models:

In subscription-based journals, copyright typically transfers to the publisher. This means the publisher controls the reuse of your work. In contrast, OA journals often allow you to retain copyright while using CC licenses to specify how others can use your work. This distinction is crucial in determining how freely you can share your research and how you can control its use. As an author, understanding these differences will guide you in making informed decisions about where and how to publish your work.

Understand Your Rights in Open Access Publishing:

When publishing OA, you can choose how your work is used. If you retain copyright, you can decide whether to allow commercial use, modifications, or other types of reuse. Alternatively, if you transfer copyright to a publisher, you might lose some control over how your work is used. Be sure to read the publishing agreement and understand the implications of the license you select.

Leverage Tools and Support:

There are tools available to help manage and secure permissions for third-party content. Platforms like PLSclear can assist in obtaining the necessary permissions, ensuring that your use of third-party materials complies with copyright laws. Additionally, you can refer to guides and support resources provided by institutional libraries for advice on handling OA and copyright issues.

Stay Informed and Flexible:

The world of OA is always changing, as are copyright laws. As an author, it is important that you stay informed about new developments and be prepared to adapt. Engaging with open science communities and utilizing open access resources can provide insights, support, and give you access to updates on new policies and best practices. To learn more about various licensing options and choosing CC licenses for your work, you can visit their website.

More Resources

Learn more about pre-prints and their role in the open research ecosystem through these selected Open Access resources:

OAJournals Toolkit’s “Copyright and licensing.”

Yale University Library’s “Copyright guidance: Copyright for authors & creators”

Creative Common’s “About CC licenses”

FORM’s “Rights retention for researchers: The cOAlition S strategy”