Hi all,
In US law, a work is jointly authored only if each author contributed
copyrightable expression that was intended to be merged into a single work and
that the authors intended to be joint authors. In many other cases, you may
have two independent authors - one of the text and another of a figure, for
example.
If a work really is jointly authored, either author can grant permission or
non-exclusive licenses over the objection of the co-author so long as the
granting author shares any licensing revenue equally with the co-author. If it
is an exclusive license - such as in a publication agreement - then the
co-authors have to agree.
Wish this weren't so complicated, but that's copyright. I explain the issues
around authorship of scholarly articles in more detail in the early parts of
this white paper. http://www.arl.org/sparc/advocacy/nih/copyright.shtml
Best,
Mike
Michael W. Carroll
Professor of Law and Director,
Program on Information Justice and Intellectual Property
American University, Washington College of Law
4801 Massachusetts Ave., N.W.
Washington, D.C. 20016
(202) 274-4047 (voice)
(202) 730-4756 (fax)
vcard: http://www.wcl.american.edu/faculty/mcarroll/vcard.vcf
Research papers: http://works.bepress.com/michael_carroll/
<http://law.bepress.com/michael_carroll/>
http://ssrn.com/author=330326
blog: http://www.carrollogos.blogspot.com/ <http://www.carrollogos.org/>
See also www.creativecommons.org <http://www.creativecommons.org/>
From: [email protected] [mailto:[email protected]] On Behalf Of
Macklin, Lisa Alsing
Sent: Tuesday, February 05, 2013 10:48 AM
To: Stephen X. Flynn; Stevan Harnad
Cc: Global Open Access List (Successor of AmSci); sparc-ir
Subject: [GOAL] Re: [sparc-ir] question about co-authors and self archiving
In U.S. Copyright Law, joint authors are co-owners of the copyright in the work
(see Section 201(a) of Title 17). This means that each author can individually
exercise their rights under copyright, but are accountable to each other for
any profits made. For institutional repositories, we advise co-authors that
they can choose to deposit a jointly authored article in our repository
(subject to any limitations of the publication agreement they signed) without
the permission of the co-author, but in the interest of collegiality, they will
want to discuss it with their co-authors first. If a co-author objects, I
think they need to come to an agreement among themselves. There are mechanisms
you can put in place in the repository to address the concerns raised by
co-authors (metadata only, etc.) but I would recommend looking at the needs and
interests of your faculty as a whole and not just the co-author question when
designing the functionality of your repository.
Cheers,
Lisa
Lisa A. Macklin, MLS, JD
Director, Scholarly Communications Office
Emory University Libraries
540 Asbury Circle
Atlanta, GA 30322
404-727-1535
Follow us on Twitter @EmoryLibsOA
From: "Stephen X. Flynn" <[email protected]>
Date: Monday, February 4, 2013 8:31 PM
To: Stevan Harnad <[email protected]>
Cc: "Global Open Access List (Successor of AmSci)" <[email protected]>, sparc-ir
<[email protected]>
Subject: [sparc-ir] question about co-authors and self archiving
If I may resurrect this question about joint authors.
Correct me if I'm wrong, but my assumption is that joint authorship is very
much like a joint bank account. You, as the joint account owner, has just as
much the ability to withdraw money, write checks, initiate wire transfers, etc
as the other account owner. Isn't joint authorship very similar? One co-author
has the ability to exercise his or her rights to self-archive the work in an IR
(provided the journal's policies allow this). Why should one co-author be able
to prevent others from self-archiving?
----
Stephen X. Flynn
Emerging Technologies Librarian
The College of Wooster
Wooster, OH
(330) 737-1755
On Dec 4, 2012, at 11:31 AM, Stevan Harnad wrote:
On 2012-12-04, at 10:44 AM, Elizabeth Kirk <[email protected]> wrote:
All,
We have a group of faculty very interested in promoting an OA policy
for faculty deposit of journal articles. People are very interested in
knowing
in advance how other institutions with such policies handle cases where
one
of multiple authors of an article refuses/is not able to allow the
posting of an article to an IR.
1. Deposit the article anyway, but set access as Closed Access
instead of OA: metadata are OA, article is not.
2. Implement the email-eprint-request Button.
Do you
· --embargo the deposited article?
You can set the Closed Access to elapse after the embargo period, if you wish.
· --allow a "pass" and not ingest the article?
Definitely do *not* omit the article altogether.
Stevan Harnad
· --other possible solutions?
Thanks so much for your assistance. Please feel free to respond
privately.
All the best,
Eliz
Elizabeth E. Kirk
Associate Librarian for Information Resources
Dartmouth College Library
6025 Baker Library, Rm. 115
Hanover, NH, USA
tel: (603) 646-9929
fax: (603) 646-3702
[email protected]
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