Thank you Austin, for clarifying. I will also pass this on to my colleague.
Take care, and have a good weekend! Yvonne On Fri, May 5, 2023 at 1:53 PM 'Austin McLean' via DSpace Community < [email protected]> wrote: > I’m Austin McLean and work at ProQuest, a part of Clarivate and want to > clarify our position. > > - *We do not provide **graduate works to third-party retailers for > resale.* We did sell through Amazon for a short time nearly a decade ago > but discontinued this practice in 2014. > - ProQuest is an archiving and dissemination partner for thousands of > institutions worldwide, enabling the works of their graduate students to > become part of the larger scholarly record. Unless authors choose to > embargo their work, copies are available for sale directly from ProQuest > via the Dissertation Express service and the PQDT index database – for > researchers or libraries to purchase copies. These services focus on > serving the information needs of the global research community. Authors > earn royalties based upon the print copy sales and downloads of their work. > - Further information is here: > > https://about.proquest.com/en/dissertations/proquest-dissertations-frequently-asked-questions/proquest-dissertations-authors-frequently-asked-questions/#aSale) > > > > - The clause in the author contract that is discussed in this thread > (“Redistribution of the Work. Except as restricted by Author in the > publishing option selected, the rights granted by the Author automatically > include (1) the right to allow sale and distribution of the Work, in whole > or in part, by agents and distributors….”) allows ProQuest to work through > agents and distributors to market and sell ProQuest databases in countries > where ProQuest does not have direct employees to do this work. This clause > does not allow us to sell on 3rd party websites. > > If you have any further questions, please feel free to reach out to me. > > Thank you. > > Austin > > *Austin McLean* *He/Him/His* > > Senior Director, Partnerships > > M: +1-734-646-6830, Time zone: EST > > *ProQuest* > > Part of Clarivate > > about.proquest.com > <https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fabout.proquest.com%2F&data=04%7C01%7CAustin.McLean%40proquest.com%7C4249c25d121e43818ac208d9f0c84213%7Cc598e59c2e194342a52ba055a26296c6%7C0%7C0%7C637805565171316511%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=JIvNlaliDVVDbJjIkdKt%2FR27fkMOpQZvEe5HmPqh8fg%3D&reserved=0> > > clarivate.com > <https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fclarivate.com%2F&data=04%7C01%7CAustin.McLean%40proquest.com%7C4249c25d121e43818ac208d9f0c84213%7Cc598e59c2e194342a52ba055a26296c6%7C0%7C0%7C637805565171316511%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=nzpDcJevp4o40O8KJ4EIbMbrPPUk1QK81IOIUFYVN6k%3D&reserved=0> > On Thursday, May 4, 2023 at 12:37:43 PM UTC-4 Yvonne wrote: > >> Thank you Erica! >> >> I have forwarded this, and everyone's responses, to my colleague. I >> appreciate the help so much! >> >> Best wishes, >> Yvonne >> >> On Thu, May 4, 2023 at 11:11 AM Erica Mehan Johns <[email protected]> >> wrote: >> >>> Hi all, >>> >>> >>> >>> I think most of this has been stated, but I did run this by one of our >>> copyright experts, Matthew Kopel and he provided the information below >>> which echoes much of what has been shared. Matthew asked me to make >>> sure to mention that he’s a librarian and not a lawyer, and that this is >>> information and not legal advice. For legal advice, he suggests you take >>> the issue to your institution’s counsel. >>> >>> >>> >>> ““If the author placed a license on the work that does not prohibit >>> commercial use (e.g. a CC-BY instead of a CC-BY-NC), anyone can grab it and >>> sell it. >>> >>> >>> >>> Similarly, works deposited in HathiTrust or the Internet Archive that >>> are in the public domain (and don’t have restrictions on the scans e.g. >>> Google scans) are frequently repackaged and sold. >>> >>> >>> >>> In the scenario below, if the license applied by the author was *not* an >>> open license allowing for commercial use, the rightsholder would have >>> grounds to issue a DMCA takedown request. Whether the institution can do >>> this on behalf of the author depends on the nature of the repository >>> license.” >>> >>> >>> >>> Best, >>> >>> Erica >>> >>> >>> >>> Erica M. Johns >>> >>> Lead Librarian for the eCommons Institutional Repository Service >>> >>> Cornell University Library >>> >>> E: [email protected] >>> >>> she | her >>> >>> >>> >>> Please note: I am sending this email at a time that is convenient for >>> me. Read, reflect, and respond at a time that is convenient for you to >>> foster a healthy life balance. >>> >>> >>> >>> *Cornell University is located on the traditional homelands of the >>> Gayogo̱hó**꞉**nǫ' (the Cayuga Nation). The Gayogo̱hó**꞉**nǫ' are >>> members of the Haudenosaunee Confederacy, an alliance of six sovereign >>> Nations with a historic and contemporary presence on this land. The >>> Confederacy precedes the establishment of Cornell University, New York >>> State, and the United States of America. We acknowledge the painful history >>> of Gayogo̱hó**꞉**nǫ' dispossession, and honor the ongoing connection of >>> Gayogo̱hó**꞉**nǫ' people, past and present, to these lands and waters. * >>> >>> >>> >>> >>> >>> *From: *[email protected] <[email protected]> on >>> behalf of Yvonne <[email protected]> >>> *Date: *Wednesday, May 3, 2023 at 7:48 PM >>> *To: *Fitchett, Deborah <[email protected]> >>> *Cc: *Paige Morgan <[email protected]>, DSpace Community < >>> [email protected]> >>> *Subject: *Re: [dspace-community] Copyright infringement on theses and >>> dissertations >>> >>> 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 <(302)%20831-7153> >>> >>> 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 >>> <https://groups.google.com/d/msgid/dspace-community/CAKZKP2CpR-6cRuOx4kpqhSJbsoGL4nwdUTCoBOkYUGWVLVjvxA%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/f48e5a96-c97a-4b93-a9ed-fb1ca73bd938n%40googlegroups.com > <https://groups.google.com/d/msgid/dspace-community/f48e5a96-c97a-4b93-a9ed-fb1ca73bd938n%40googlegroups.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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