Thank you Paige, I don't think the institution uses ProQuest ETDAdmin, but this is very interesting! I appreciate your sharing. I'm thinking the use of CC licenses that do not allow commercial use is a step in the right direction, but that of course does not prevent people from doing this anyway.
Best wishes, Yvonne On Wed, May 3, 2023 at 1:36 PM Paige Morgan <[email protected]> wrote: > Hi, Yvonne-- > > This is actually a fairly common thing to have happen, especially for > institutions that use ProQuest ETDAdmin. ETDAdmin offers graduating > students the choice between what they call "Traditional Publishing" and > "Open Access Service." The Traditional Publishing option is free (except > for the $50 they optionally charge to file copyright); the OA publishing is > $90. > > ProQuest asks students to agree to the agreement I've pasted below in its > entirety, which includes the following clause: > > *ProQuest® Publishing Program - Election and Elements.* The rights >> granted above shall be exercised according to the publishing option >> selected by Author on the previous Publishing Options screen, and subject >> to the following additional Publishing Program requirements: >> >> - *Redistribution of the Work.* *Except as restricted by Author in >> the publishing option selected, the rights granted by Author automatically >> include (1) the right to allow sale and distribution of the Work, in whole >> or in part, by agents and distributors,* and (2) the right to make >> the Abstract, bibliographic data and any meta data associated with the >> Work >> available to search engines and harvesters. >> >> > Could this be what's happened in your situation? I know that a lot of > students (and indeed, faculty members and advisors) aren't aware of it, and > aren't in the habit of reading ProQuest's agreement carefully. > > Paige > > > --------------------- > *Meeting/regular work hours: Monday - Thursday, 9am-5pm; limited email on > Friday mornings.* > > Dr. Paige C. Morgan > (she/her/they) > Digital Publishing and Copyright Librarian, > Head of Digital Initiatives & Preservation > University of Delaware Library, Museums and Press (on Lenape land > <https://native-land.ca/maps/territories/lenape/>) > Morris 118 > ORCID: https://orcid.org/0000-0001-8076-7356 > [email protected] > 302.831.7153 > > Make an appointment to meet with me: https://calendly.com/paigecm/ (Meetings > available via Zoom, phone, etc.) > *** I observe email-free evenings and weekends. *** > > Traditional Publishing Agreement > > This Agreement is between the author (Author) and ProQuest LLC, through > its ProQuest® Dissertation Publishing business (ProQuest). Under this > Agreement, Author grants ProQuest certain rights to preserve, archive and > publish the dissertation or thesis, abstract, and index terms (the Work) > provided by Author to ProQuest. > Section I. License for Inclusion of the Work in ProQuest® Publishing > Program. > > *Grant of Rights.* Author hereby grants to ProQuest the *non-exclusive*, > worldwide right to reproduce, distribute, display and transmit the Work (in > whole or in part) in such tangible and electronic formats as may be in > existence now or developed in the future. Author further grants to ProQuest > the right to include the abstract, bibliography and other metadata in the > ProQuest Dissertations and Theses database (PQDT) and in ProQuest's > Dissertation Abstracts International and any successor or related index > and/or finding products or services. > > *ProQuest® Publishing Program - Election and Elements.* The rights > granted above shall be exercised according to the publishing option > selected by Author on the previous Publishing Options screen, and subject > to the following additional Publishing Program requirements: > > - *Redistribution of the Work.* Except as restricted by Author in the > publishing option selected, the rights granted by Author automatically > include (1) the right to allow sale and distribution of the Work, in whole > or in part, by agents and distributors, and (2) the right to make the > Abstract, bibliographic data and any meta data associated with the Work > available to search engines and harvesters. > - *Restrictions.* ProQuest will use commercially reasonable efforts to > restrict the distribution of the Work as provided under the publishing > option selected by Author or as later elected by Author through direct > contact with ProQuest. Such election is subject to Author's Degree Granting > Institution Directives (see below). With respect to restrictions requested > after submission of the Work, Author acknowledges that ProQuest cannot > recall or amend previously distributed versions of the Work. Refer to Guide > 4 <https://about.proquest.com/go/etd_embargoesrestrictionsguide> for > information about access and restrictions. > - *Removal of Work from the Program.* ProQuest may elect not to > distribute the Work if it believes that all necessary rights of third > parties have not been secured. Refer to Guide 5 > <https://about.proquest.com/go/etd_copyright> for information about > copyright and your dissertation or thesis. If Author's degree is rescinded, > and the degree-granting institution so directs, ProQuest will expunge the > Work from its publishing program in accordance with its then current > publishing policies. > - *Degree Granting Institution Directives.* Author is solely > responsible for any conflict between policies and directions of Author's > degree-granting institution, Author's choice of publishing model, and/or > any restriction Author places on the use of the Work. For the avoidance of > doubt, ProQuest is not responsible for access to the Work that is provided > by Author's degree-granting institution through its library or > institutional repository. Author must work directly with Author's degree > granting institution to ensure application of any restrictions to access > relating to the Work by Author's degree granting institution. > > *Copyright and Deposit with the Library of Congress.* At Author's option, > as indicated in the Register U.S. Copyright screen of the online submission > process, and upon payment of the applicable fee, ProQuest will submit an > application for registration of *Author's copyright* in the Work in > Author's name. In addition, regardless of whether copyright registration of > the Work is sought, ProQuest may make a copy of the Work available to the > Library of Congress in digital, microform or other format as required by > the Library of Congress. > > *Delivery of the Work.* Author shall provide to ProQuest the Work and all > necessary supporting documents during the online submission process, > according to Guide 1: Preparing Your Manuscript for Submission. > <https://about.proquest.com/go/etd_preparingyourmanuscriptguide> > > *Rights Verification.* Author represents and warrants that Author is the > copyright holder of the Work and has obtained all necessary rights to > permit ProQuest to reproduce and distribute third party materials contained > in any part of the Work, including all necessary licenses for any > non-public, third party software necessary to access, display, and run or > print the Work. Author is solely responsible and will indemnify ProQuest > for any third party claims related to the Work as submitted for publication. > Section II. Rights pursuant to Traditional Publishing. > > Author's election of Traditional as the type of Publishing confirms > Author's choice to have ProQuest publish the Work according to the > Traditional Publishing option described below. > > *Traditional Publishing.* ProQuest may exercise the rights granted under > Section I above including through the sale of individual copies of the Work > in tangible or electronic media and/or as part of electronic database and > reference products or services. > > *Publishing Fees and Royalties.* There is no publishing fee charged for > dissertations and theses submitted through the ProQuest® ETD Administrator. > > Author's institution may assess additional fees. > ProQuest will pay royalties of 10% of its net revenue from sales of the > Work, conditioned on Author maintaining a current address on record with > ProQuest. Royalties will be paid when accrued earned royalties reach $25.00 > USD. If, after 25 years, earned royalties do not accrue to at least $25.00 > USD, ProQuest's royalty payment obligation will cease. > > On Wed, May 3, 2023 at 12:08 PM Yvonne <[email protected]> wrote: > >> Hello, >> >> I've been communicating with a librarian who runs a DSpace repository. >> She received a complaint from a student who found that their honors thesis >> has been posted for sale on Amazon and Barnes and Noble as a >> print-on-demand book. I visited this "publisher's" site on Amazon (named >> nomadicindian) and found many other theses and dissertations for sale. >> >> I'd love to hear people's thoughts on this. Specifically, what measures >> can be used in the DSpace environment to mitigate against illegal use of >> open access content? Has anyone out there encountered this problem, and how >> did you approach it? >> >> Many thanks, >> Yvonne Kester >> Repositories Manager >> SUNY Library Services >> >> -- >> All messages to this mailing list should adhere to the Code of Conduct: >> https://www.lyrasis.org/about/Pages/Code-of-Conduct.aspx >> --- >> You received this message because you are subscribed to the Google Groups >> "DSpace Community" group. >> To unsubscribe from this group and stop receiving emails from it, send an >> email to [email protected]. >> To view this discussion on the web visit >> https://groups.google.com/d/msgid/dspace-community/CAKZKP2CThG4rnC8CmujZs_VgQysHB_-%2BMZtRYkY4RfTu%2BK%2B6QA%40mail.gmail.com >> <https://groups.google.com/d/msgid/dspace-community/CAKZKP2CThG4rnC8CmujZs_VgQysHB_-%2BMZtRYkY4RfTu%2BK%2B6QA%40mail.gmail.com?utm_medium=email&utm_source=footer> >> . >> > -- All messages to this mailing list should adhere to the Code of Conduct: https://www.lyrasis.org/about/Pages/Code-of-Conduct.aspx --- You received this message because you are subscribed to the Google Groups "DSpace Community" group. 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