Thank you Deborah, I was thinking this was the case, but hoping for more. As one of my colleagues put it, this is the flip side of open access. The first thing I did was leave a review on a nomadicindian item, saying it was freely available on the internet, and not to purchase it, and I also filed a complaint (as an agent) with Amazon. This seemed to be steps in the right direction, but not really addressing the root of the problem. Thanks again--I'm glad I reached out to ask. It was very interesting to find out ProQuest puts a clause in their agreement allowing commercial use, as well.
Best wishes, Yvonne On Wed, May 3, 2023 at 5:42 PM Fitchett, Deborah < [email protected]> wrote: > Nothing can completely prevent it. Putting it behind a login or not > digitising it at all would make it harder, but then it’s not so available > to the general public at all which is counterproductive. Theoretically some > kind of DRM might help but I don’t believe that’s a feature of DSpace. > > > > So it comes down to responding to it: lay a complaint with Amazon / > whatever other sites are hosting the content. Any otherwise legitimate site > should have a DMCA/other takedown process. How the student (as copyright > holder) phrases the complaint will depend on what, if any, licence the item > has: > > - No licence = All rights reserved: this is a straight-forward case > where they’re breaching copyright by making copies at all. > - A Creative Commons “Non-Commercial” licence: here they’d be allowed > to make a copy but by selling it they’re breaching the licence > - Another Creative Commons licence: they’re allowed to make a copy and > are allowed to sell it – but they must still Attribute > <https://creativecommons.org/licenses/by/4.0/> it correctly, which > includes: > - The author’s name > - The original copyright notice and CC licence > - A link to the original material > > They’re also not allowed to add any technological measures that restrict > others from doing anything the licence permits. > > > > So if they’ve missed out any of that information, or if they or Amazon > have added any DRM, then they’re still in breach of the licence. > > > > Deborah > > > > > > *From:* [email protected] < > [email protected]> *On Behalf Of *Yvonne > *Sent:* Thursday, 4 May 2023 5:59 am > *To:* Paige Morgan <[email protected]> > *Cc:* DSpace Community <[email protected]> > *Subject:* Re: [dspace-community] Copyright infringement on theses and > dissertations > > > > You don't often get email from [email protected]. Learn why this is > important <https://aka.ms/LearnAboutSenderIdentification> > > > > *Caution:* This email originated from outside our organisation. Do not > click links or open attachments unless you recognize the sender and know > the content is safe. > > > > 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/CAKZKP2BdvRU9QyXJQo8azvR5_g63n%2BF0Mmhehd_XCNqtrrqKug%40mail.gmail.com > <https://groups.google.com/d/msgid/dspace-community/CAKZKP2BdvRU9QyXJQo8azvR5_g63n%2BF0Mmhehd_XCNqtrrqKug%40mail.gmail.com?utm_medium=email&utm_source=footer> > . > > ------------------------------ > > "The contents of this e-mail (including any attachments) may be > confidential and/or subject to copyright. Any unauthorised use, > distribution, or copying of the contents is expressly prohibited. If you > have received this e-mail in error, please advise the sender by return > e-mail or telephone and then delete this e-mail together with all > attachments from your system." > -- 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/CAKZKP2CpR-6cRuOx4kpqhSJbsoGL4nwdUTCoBOkYUGWVLVjvxA%40mail.gmail.com.
