Hi, Yvonne-- CC licenses are one option, for sure -- however, even if a grad student uses a CC license, if they were to agree to the ProQuest agreement as well, it wouldn't matter; ProQuest could still do this. (Or any other company engaged in similar business.)
Good luck! 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. *** On Wed, May 3, 2023 at 1:59 PM Yvonne <[email protected]> wrote: > 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. 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/CA%2BzEVdm3w3sb-OD6z3j5Bfs_RiqD79zp__jCnjF0V9dzLHSFng%40mail.gmail.com.
