Okay, good evening. Kind of late, isn't
it? I get the feeling everybody's a little tired
. Maybe copyright issues have a threat of getting suitable
live in a suburb. It um, I am
the director of the Digital Library Archives and I'm not
a lawyer. The reason I am here and I
talk about copyright issues is because of the activities that
go on in my department. We've been um,
involved with thesis and dissertations since um, since they
were gleaming, the director of the graduates centers.
I um, but we also have been putting journals
online for faculty members since the late eighties. We
um, we put newspapers online for the roanoke times
in the Virginia Pilot and even the WDBJ seven news
back in the nineties before they, before they had
their own websites before they thought ah, we can
charge you for each article instead of the whole newspaper
. So we were putting it online before those things
came along. There's also Virginia Tech image base,
about 70 or 80,000, images there on a variety
of topics. So you can see we've dealt with
images. We've dealt with journals, we've been dealing
with E. T. D. S. So
we have um we have gained quite a bit of
copyright experience through um through this work that we've done
. And so we created um this particular website.
Four authors, but also for instructors. But tonight
, since I assume most of you are here because
you're working on your E. T. D.
S or you're thinking about working on your E.
T. D. S. I'll address those issues
. But if you have other kinds of copyright questions
, just let me know. Don't hesitate to ask
. Um the one thing I'd like you to take
away from this evening is this U. R.
L. Scholar dot live dot bt dot edu slash
copyright. Maybe you don't need it now. Maybe
you don't have any questions now. But when you
do, we hope that we have the answers for
you here. There are lots of good links,
lots of good information, resources for you there.
If you picked up the flyers of the handouts that
are at the back of the room, you've got
my name, my email address and my phone number
. Don't hesitate to contact me. I'm just across
the plaza in the library. I'm on a floor
not the floor at the coffee shop but the floor
with the reference in the circulation desk. My office
is there and you're free to stop by any time
. But I'm gonna try and cut and cover the
issues that I think that you'll have today. We
want to come um cover copyright from from really two
points of view. Your copyright holders. So you
have some rights, but you also use other people's
materials. So you have some responsibilities when you do
that. So we're gonna talk about your rights which
is sexual one no two of the um title 17
of the U. S. Code. Um Rather
one oh six. Is that we're gonna talk about
some exceptions to fair um to copyright law such as
fair use. And I just like to run over
some of the library services that we have so that
you have a sense of of why libraries can do
things that individuals can't do. Why we can make
copies and distribute them or we can have reserve services
and inter library loan services. It's because the library
is specifically covered in copyright law to do that.
Um We're going to cover some of these myths about
copyright as well. So let's just get started.
You all are copyright holders right now, if you've
taken some notes, you are a copyright holder,
you've been interpreting my what I've said, you've written
it down, it's your original thought. You don't
have to sign a form. You don't have to
register, you don't have to tell anybody. You
don't have to pay any money. You are a
copyright holder just by fixing your thoughts in a medium
. Whether it's on paper, whether it's on a
canvas, whether it's on a laptop, you are
a copyright holder. And as the copyright holder,
you have these five rights. You are supposed to
get to decide how it's reproduced or modified, distributed
, displayed or performed. Except there are always exceptions
, aren't there? One of those exceptions is if
you give your rights away, if you you assign
your rights to someone else and I always um like
to caution you not to ever ever ever ever do
that. I know many of you may be working
on your doctorates and you think that the only way
to get your article published or to get your book
published is to sign away your rights because that's the
form that the publisher is going to send you,
they're going to send you a thank you for writing
this terrific article. Yes. You want to publish
it. Just give us all your rights and You're
good to go. But you don't have to give
them your rights. You can share your copyright with
them, you can allow them to do everything that
they want to do. Like have the right to
you know, reformat it, to put it in
a digital medium. If you submit it in paper
um to make it available in a particular database or
10 databases, you can give them the rights to
do that without giving away your own rights. Because
if you give away your rights, you may not
be able to put that chapter in your dissertation.
If you decide to do a manuscript style and you
have you published an article and you get it published
before you've submitted your dissertation and then you want to
include that in your dissertation. If you signed away
your rights to that publisher, the publisher doesn't have
to give them back to you. If you sign
away your rights, you have given away the right
to use that material, it's no longer yours.
So share your rights with the publisher. Rather than
giving them away, maybe you're going to become a
teacher, you're going to have a syllabus, You
did some pretty good work. You want your students
to read that work, you want to give them
copies or you want to link them to your copy
of it. Or maybe you want to link a
copy to your resume or your vita online when you're
applying for a job, you can't do that.
If you don't own the rights, you would have
to link to the publishers database and maybe that publishers
databases hidden behind a firewall. Or maybe it's only
available to certain libraries that have that could afford to
subscribe to that database. So I really caution you
, we'll talk more about this later. But think
about it before you sign away your rights now.
You also don't own the copyright. If Janice made
you come here and take those notes and it's part
of your job, then it's called a work for
hire and you don't own the copyright to that,
then your your boss owns it. But um it's
very the law is very particular about works for higher
. Um it really has to be a part of
your job has to be a regular part of your
assigned job. For example, I had a student
who was working for me Um I was head of
special collections during the April 16 shooting and afterwards we
had a digital camera in. Our student was going
to go out and take some pictures and he did
that pictures around town of ribbons on trees and things
and he came back and gave me the camera.
We downloaded them to the image base. And I
asked his name was Sam I asked him to send
me an email that said he would share his copyright
in those pictures that he took because taking pictures wasn't
a regular part of his job. He worked the
reference desk and special collections and he organized some of
our manuscript collections. That was his job, that
was his job description. So the fact that I
asked him to do this other thing meant that it
wasn't a work for hire and he owned the copyright
to. So I asked him to share the copyright
with me. So now these images are in our
database and we asked I asked for the same rights
that will ask for of you when you submit your
thesis or dissertation and that is you get the library
permission to store and provide access. That's all we
want to do is store your dissertation and provide access
. And that's what I asked SAM to do.
But it means that SAM can still use those pictures
to if he he wanted to write an article or
compile a book. He could use those those images
because he owns the copyright to them as well in
your job. Yeah. Yeah. Major. No
it depends on what your job is. Your job
probably isn't to write a dissertation. Your job is
probably to do some research for the faculty member that
you're working for, the instructor you're working for.
So some of the work that is part of your
job gathering data running experiments. The results of that
job. Like writing it up. It depends if
riding up that experiment in say as a grant report
or you know so phone book I've gotten this year
. That's because phone numbers aren't copyrightable. They're just
little pieces of information. Anybody can write a phone
book, you know the name, the address,
the phone number. They are all associated with me
. But I don't own the copyright to the to
that information so anybody can create a phone book.
Now the way the phone book is put together,
the way the advertising advertisements are laid out, that
sort of thing. You know, can be copyrighted
by the company that that compiled the book. But
the phone numbers and the addresses per se aren't copyrightable
. We'll talk a little bit more about things worthy
of copyright. Well, remove all the yes.
Published the information per se is okay. You couldn't
necessarily take the layout that they use the particular arrangement
of it, you know. But the little bits
of data, the little facts that actually data per
se isn't isn't copyrightable. And then there is a
time at which works will go into the public domain
. Everything eventually runs out of copyright and moves into
the public domain. And there is actually a time
when that happens based on our copyright law and lolly
gas way down at north Carol. UnC has put
together I think, a really nice chart. So
if you're doing any kind of historical research, this
is a nice chart to look at the two things
we won't Spending any time on this. But the
two important things that I try to remember is 1923
. You find anything that was published before 1923 in
the public domain and you can use it without anybody's
permission, without any limits on the quantity that you
use. But down here at the bottom, you'll
see that there is, um, it's different for
things that are not published. They move into the
, into the public domain at a slightly, um
, later period, 1923 is a good, a
good date to remember. Um, let's talk about
. Fair use the question. I get it.
I get it less than I used to, but
I used to get people who would come to my
office and say, I want to do this.
And it's for educational purposes. So it's okay.
Right, well, fair use has four factors and
the law says, you have to consider all four
of those factors. You can't just look at the
first one and say, oh, it's because it's
for educational use, it's okay. There are four
factors. You have to weigh all four of them
and you have to see if the balance tips in
your favor, in favor of fair use or if
it tips in favor of the copyright holder, in
which case you might have to ask for permission or
change your use. So, educational purposes is one
is one element and that element can can be shown
in different ways. You can be for profit or
not. It has to be educational. You may
actually take somebody's work and transform it enough that it's
no longer the same as it was. You've added
value to it. There are three other factors in
the hardest one I think, to describe as the
nature of the copyrighted work. And one way to
think of, that helps me to think about it
anyway, is it's kind of fact versus fiction facts
. Little pieces of data, Excel spreadsheets, you
know, those aren't creative works. Their facts are
just facts displayed in a particular way, so they're
okay. But a piece of fiction, you know
, a poem, a novel, a short story
that creative activity that went on is um more than
likely going to be um not fair use if you
want to use the whole thing. This element here
that says worthy of protection, that's not a value
judgment. That's not saying isn't good enough to be
protected. That's saying can it be copyrighted? And
that's like these little bits of facts that I was
talking about our phone numbers. Phone numbers aren't worthy
of protection. Don't ask me why. Mhm.
Um This one's pretty easy. This one we we
often use when we write papers and articles, we
often quote somebody else's article. You know, we've
kind of done some subsequent research or we've taken their
original thoughts and we've we've extrapolated from them. So
we just want to quote a little bit from some
article or book that's okay. But there's two parts
to this element. There's this substantiality part and that
says that it doesn't matter if it's just a little
bit if it's the key, that's the heart of
the matter. If it's really the substance of that
work, then even if you only take a little
bit of it, you can get in trouble.
So you want to you want to balance the to
you if you want to take just a little bit
, but you also don't want it to be the
key to the whole work. If you're going to
use it, this is the one that we all
know about and this is the one that scares us
the most. And that is if we use somebody
else's work is going to affect the market, are
they gonna lose money? Are we going to potentially
keep them from making money? This is when they're
probably going to sue us. That's what's scary about
this. If we keep, if we use somebody
else's stuff and they could have made money on up
a bit and we've prevented them from making money,
then they're going to want to recoup that money.
This is why, for example, the Disney Corporation
is a huge lobby er in Congress. Every time
the copyright law gets discussed and there's some, we
want to make some changes to it. That's why
, um, Minnie and mickey mouse every 20 years
, they are going to come into the public domain
. They're gonna be old enough to have run out
of copyright protection. And Disney is in their lobbying
hard to get to get, um, the copyright
protection period extended. So now Everything things move into
the public domain. Generally speaking, things move into
the public domain 70 years after the author is dead
. That's a long time. That could be more
than 100 years since I wrote something. It's still
not in the public domain. It's a long,
long time, but it's it's been inching inching up
and moving forward. So when you think about using
somebody else's work and you're going to claim fair use
and there you want to claim fair use. Having
looked at all four of these factors, and you
want your fair use to be more, have more
weight than the copyright holders rights would have. And
we created two tools to try and help you,
um think about this and and way way these four
elements. And this one is just what it says
. It's a check list that lists the four factors
and it lets you say, you know, a
little bit educational use. So you can see how
the elements fall out. But this is a better
tool to use. And I thought, um,
it usually is helpful to um, to go over
this and let you see how it works. You
can actually, you know, give me some examples
of maybe something that you've been thinking about using,
something you want to incorporate in your thesis or in
your dissertation. We can test the tool here and
it'll show you it's gonna ask you questions about each
of the four factors. And then it's going to
give you a statement at the end of that that
says, based on the information you provided us,
not legal advice, just based on the information you
provided in this survey looks like your use would be
fair or not. And one of the things that
Janice and the reviewers look for, when you submit
your thesis and dissertation is if you've used somebody else's
materials in your dissertation, they want you they want
you to tell them that it was okay. This
was in the public domain that I wrote and got
permission for. Or I considered the four fair use
factors. And you can convince them that you considered
the four fair use factors appropriately, by submitting this
, this, um instrument, the results of this
instrument. They'll believe you then, Right, okay
. So when um when you're filling this out,
you wanna put your information here, And does somebody
have an example of copyright question or something that they
were thinking about putting in an article or a chapter
kind of work are you doing? Yes. Uh
huh. Gone. Yeah. Okay. Is that
did you see that in an article or a book
? Yeah. Okay. So what you would want
to put in this box is the citation for that
. And that's one of the the handouts that you
have there is how to help, meant to help
you cite the works properly. So, you know
, we're going to pretend Janice wrote this article and
it's called testing copyright and it was written in the
Journal of La de Dah. What happened here?
What is this? I don't know what that was
about, push the wrong. Ah I didn't.
Okay. Okay. You know Volume one. Number
1 page too. Right. Okay. And let's
let's say figure three. Okay so this is um
this is a model. You said an illustration diagram
. Okay. Okay well you can help us answer
these questions. So the first one we're gonna look
at is um what is the purpose of the copyrighted
work? Is it for business or commercial activity?
No you're you're writing a dissertation. Okay. It's
for your dissertation. Was the reason for using the
copyrighted work to entertain? Probably not. Yeah.
Was it criticism commentary reporting or parody? Probably not
. Um Have you given credit to the author of
the creator of the copyrighted work? Yes of course
. Did you redo or alter the copyrighted work to
serve a new purpose when you used it in your
E. T. D. Or did you just
copy and paste it? Okay. Sorry take your
diary. Yeah. Yeah. Hundreds. That would
be really good. That's um that's kind of we
call it trans you added value to it, you
transformed it. So in that case you still want
to get the person who created a credit but you
could answer this one this last element differently. Okay
. So was it a creative work a picture of
painting or fiction? Was it a model derive?
Yeah. Was it was it this is kind of
that that nature of the copyrighted work question here,
you know, was it factor fiction? Was it
creative or was it was it um you know was
it a model generated from um some data? Was
it like an Excel spreadsheet? And you know you
put in some data and you got a pie chart
out of it? We don't call that creative work
at all. So it wasn't it wasn't an original
work of art. Okay. It wasn't that kind
of model, It wasn't a sculpture. Okay.
Did it come from a published work? Okay.
Oh, and seeing this? Don't know. It
reminds me you don't want to answer. Don't know
unless you really don't know because it's going to count
against you, basically. Um Is it a factual
work? Sounds like miss it out? The models
derived from some data? Yeah. So, yes
. Okay. Just last next element. Did you
use a substantial portion of the copyrighted work? And
this is before you answer that, Before you answer
, giving you a clue here. Okay. Um
, I look at this in terms of this was
this was a little chart on a multi page document
that's full of text and lots of other information.
It was a small portion of the work. Now
, maybe you took the whole chart or the whole
model, but it's in the context of the article
. So it's generally not a substantial portion of it
. Now, occasionally you'll have one illustration or one
chart and the article is all about what that chart
says. So in that case, if you took
the whole chart and that's the only one and that's
what the article is all about, then it would
be a substantial portion of it. Even if it
wasn't all, it might not be a large amount
, but it would be a substantial portion of it
. So generally, but we take out of articles
or charts is a small portion of the whole article
. So I wouldn't say it was a substantial portion
and we didn't know how to ask very many questions
about this. So we just turned it around.
It wasn't substantial. Wasn't negligible. I probably.
Okay. Was the portion of work you included the
central or the heart of the work? This is
what I was talking about. You know. Is
there one illustration that the whole article you know,
addresses and is writing about? Probably not. But
was the summary of their findings? Mm mm.
So do we need to go back up here and
say it was substantial portion? This is the portion
. We say it's substantial but less than substantial but
it wasn't negligible. But it was a portion wasn't
the central or the heart of the matter. Okay
. Okay. And the last the last part did
you lawfully acquire a copy of the copyrighted work?
Of course you did. Right. I mean usually
lawfully acquired. This is this is a wide range
. This is you didn't run into the 7 11
and steal the journal. Right. You checked it
out of the Library of faculty. Somebody gave it
to you. I mean your copy was lawfully acquired
. You didn't ask them where they got theirs but
your copy was lawfully acquired. I hope please.
Lawfully acquired. You didn't go to the library and
tear those pages out of a journal. Right.
Thank you. Well, access to the copyrighted work
have a notable effect on the market or potential market
for the original work. Not usually most of this
stuff that we want to use is coming from an
academic journal. The author certainly didn't make any money
off of it. Now. The publisher of the
journal you know wants to make some money off of
it but they are going to make money off the
article or the issue of the journal. Not this
one little piece that you that you used. So
let's say no. Is there a licensing mechanism in
place for using the copyrighted work? Sometimes with academic
articles, there will be a footnote or a link
or something that says, you know, right here
for permission to copy or distribute this article. So
that's you haven't noticed anything like that. Okay.
Yes. They don't could you could access to the
copyrighted material in your et de replace the use of
the original copyrighted work. No, probably. I
mean, you you want to use this this charter
this model and so people could come to your dissertation
and find that. But really what they're probably looking
for is the article that came from and you haven't
put that in your dissertation. So they still need
to go to the original work to use it.
So no. Would it be affordable for you to
get permission for using the copyrighted work? I generally
say, no, I don't want to pay anything
. I think that my uses legitimate and educational and
just a little bit so it's not cost effective.
Generally, we really don't know. But like I
told you, it's not good to say, I
don't know. So take my advice. It's not
affordable. I mean, aren't you struggling graduate students
? I'm a rich librarian. On the other hand
, okay. After you've answered all these questions and
you can go back and change your mind about any
of them. But you click this button to say
analyze it for fair use. And it gives you
this immediate response. And it looks addresses each one
of the factors and it tells you how each one
played out. And then at the bottom it says
based on the information you provided, your use of
the copyright work weighs in favour of fair use.
So you could you could say this as a pdf
file and submit it with your et DE. And
the graduate school would feel good about you're using somebody
else's copyrighted materials. Okay. I can this first
going to actually, oh no, if you'd like
to write and get permission, that would be fine
too. But I think when you oh no,
it's never and They only need one legal reason to
let you use this work. And we think that
this is much easier than writing and getting permission.
Um The major problem that people have with, right
, well there's two problems with writing and getting permission
. Sometimes you just don't hear back. You know
, you actually found out who the copyright owner was
and you found an address for them and you wrote
a nice letter and you told them what, you
know what you wanted to do with it, and
they just never respond. And you may write several
times and they just may ignore you or maybe it's
going into the dead letter box. I mean maybe
it isn't reaching the copyright holder but the thing you
have to remember is just because you asked You can't
use it until you get an answer. You know
, it doesn't matter if you ask 10 times and
nobody says no, they haven't said yes. And
this is one piece of legislation that's actually in the
works right now. Libraries are lobbying hard for what
we call orphan works and that's when you can't find
the copyright holder or you can't locate them to get
permission. We're lobbying to let us use materials.
And then if somebody comes along later and says I
didn't give you permission, you can't do that.
We'll say I'm very sorry and we'll take it down
and everything will be cool, nobody will sue anybody
. Nobody will have to pay anybody. But when
you can't get a hold of someone and you're you're
stuck in this limbo of having asked and asked next
and not be able to find who you can get
permission from in order to not, you know,
put up a roadblock entirely. Did you have a
question what or uh fine, I'm 50 for example
, or I don't know, 1000 many thousands Pay
for 1000 times paper, like I think you should
think about how is it really necessary? I I
don't have Yeah, this this is this analyzer tool
is something you want to use. If it's if
there's if there's going to be a question, if
you really if you can't show any other way that
it's legitimate use, you know, if you're if
you're using um you know this chart that was created
from an Excel spreadsheet and it's for educational purposes?
Well, you basically answered three of the questions and
fair use in your favor in favor of fair use
, not in favor of the copyright holder. If
you have doubt, I would use the Fair use
analyzer and give it to the graduate school. You
know, sometimes you're going to use the Fair use
analyzer and it's going to tell, you know,
that's not a fair use. And then you need
to write and ask for permission or you need to
change your use. You know, maybe maybe you
did use too much. And it's a substantial portion
, you know, you need to think about about
your use. And we have had some of these
dissertations that just have entirely too many pictures of others
that are copyrighted by someone else. I mean,
they're trying to make their point that, you know
, their work has been derived from all of these
preceding, you know, works, but it doesn't
mean that you have to, you know, represent
every single one of those works in your work.
You know, you can talk about them without necessarily
illustrating them with someone else's copyrighted work referencing. Yes
. Well, I mean it depends on the situation
, but Yeah. Yeah. Only deal with figures
tables and yes, I don't know what you figures
tables, photograph. I remember my own. This
is about citing copyright. It works. This refers
to that other document and how and how to cite
them in your work. It doesn't refer to what's
fair use or not. Yes, it's sanctioned in
my mind. Mhm mm. From exciting. Uh
huh. Fair use is when you actually want to
use somebody else's copyrighted work in your dissertation. It's
not it's not about referring to somebody else's work.
If you're just referring to it and citing it,
you don't need copyright permission to do that. It's
only when you actually take somebody's copyrighted work and put
it in your work that you need to get permission
or to claim fair use. But no sighting doesn't
require permission on the top. Do I have to
say yes? If you if you in fact from
that citation she leaflets of paper, if you're if
you're including perhaps your own photographs or your own drawings
, you should say that they're yours. I mean
while while we um one of the things I actually
remembering now that I forgot to mention is that as
though you're the creator of the work and you don't
have to register, you don't have to tell anybody
. It's a good idea to do that. Anyway
. It's a good idea to have a copyright statement
. But when and and there's no no required format
for this statement. It's just a good thing,
I think to have at the beginning of your work
because it kind of reminds people that open your dissertation
that ah yes, yes, this is copyright is
held by someone else so you can do this.
But one of the things that you might want to
use is this statement unless otherwise stated. If you've
got somebody else's copyrighted work in your dissertation, you
took that illustration from somebody else's work, You can't
copyright it, you can't claim copyright to it.
You can only claim copyright to your work and you
have to leave the copyright with the other person's with
the work that it came from. Yes. Mr
Mhm. Mhm. Mhm. It's like, yeah
, it's like data. They're just they're just they're
just statements now, the way you put them together
in the way you made them work. You know
, you had some some saying that, but you
want to and you you know, you can say
you can put this on anything you want. If
it's not copyrightable, it's not going to be you
know I mean. Mhm Sure. Mhm 32 eventually
. Okay. It's bigger. My ford service.
There's many. Mhm. Yes. Mhm. Reference
past work done in the model. When So how
what I'm going to? Yeah. Mhm. For
service is running the model or of the the author
who actually did the work. In fact, I'm
sorry. That's something else I forgot to mention earlier
. It says it here, but I didn't draw
attention to it. Government documents are not copyrightable.
So, generally speaking, if the Forest Service produces
a report, it's in the public domain and we
can all use it. Remember when it's something is
in the public domain and you use it. It
doesn't mean that you can claim it as yours and
put your name on and copyright it. It just
means that you can use it without permission. It
doesn't mean you can change the attribution of it.
It still belongs to whoever wrote it. The one
thing that you have to be careful about though is
when you're looking at a government resource, look at
it carefully make sure that it doesn't have a copyright
statement on it because, as you know, our
government often contracts with private industry to have work done
and they, the private company may have written the
report that is posted on a government website or is
published by the government and when whether or not they
negotiated the copyright for that. Occasionally. Occasionally,
you will see a government document with a copyright statement
on it because it is owned by someone else.
But generally speaking, federal documents are not, are
in the public domain and have not copyrighted. forget
anything else tonight. I'm not bad. Um,
down this lower quadrant is some information, some more
information about, about not signing publishers statements and you
can, we've done some surveys in the past and
you can see that these are a little bit old
, but we just redid a survey of social science
and humanities publishers to see if our findings from 10
years ago were the same and we were so pleased
because, um, I think the, The result
was something like 96 of the journal editors and University
press directors that we surveyed said electronic thesis and dissertations
weren't a problem. If you want to, if
you want to submit an article or a chapter from
your thesis or dissertation, they're going to consider it
not, they're not gonna hold it against you that
it was an online dissertation. They're going to be
looking at the quality of the work they're going to
be looking at. You know did you write it
? Well? And is it written for the audience
that they're publishing for? In fact another interesting finding
that um we found was that um the journal editors
, you know when you submit your thesis or dissertation
you're going to have three options. You can make
it available to the world immediately. You can restrict
it to the university community for one year or you
can withhold it from everybody's access for one year.
And we were interested we were shocked to find that
the journal editors said they don't want you to restrict
access to the university community. And that's actually why
we created that option was for the journal editors.
They said that didn't affect their decisions at all.
University press directors something like 7% of them wanted um
the E. T. S. To be restricted
to campus. But zero of the journal editors wanted
E. T. D. S. To be
restricted to campus. They were fine with public access
. They know that that work that you're writing is
meant to please those those committee members that you have
. You know that's who you're writing for. And
when you write this article for publication you're writing for
an entirely different audience and you're writing in a different
style and your your reporting things differently. So can
we do a lot of, oh sure there that's
them. Oh you probably want to cite your dissertation
. Yeah but they're not they're they're gonna look at
the quality of your writing and they're going to look
at does your article um you know meet the needs
are addressed the needs of of the audience of our
journal. It's a very different peer review process than
you know your committee members. So and I important
to make a clear designation that supplying your E.
T. To graduate school and then to the library
does not make it published. It's just part of
your academic career here. It's not double publishing per
se. It's just supplying a document for your degree
. It's not publishing. So if the journal is
asking you have you ever published this before? If
you have not done anything that's applied to the graduate
school and then I'm gonna library. It's not,
yeah that's actually what we what we titled the article
that we published was about R. E. T
. D. S. Prior publications because that's what
a lot of people like. Another. Another question
I haven't had tonight. But maybe you're thinking about
it is um what it's about. Do you have
? Do you have um is it is it self
plagiarism? If you if you cut and paste from
your own dissertation, you can't self plagiarize, if
it's yours, you can do what you want with
it. You can only plagiarize somebody else's work,
not your own. So I hadn't had that question
before last time when we met here. So,
but if you do need if you know, if
if fair use isn't going to work for you and
you do need to write, um, and get
permission. We've we've kind of got a sample letter
here that you can it's not not really the letter
you want to use, but it still gives you
an idea of the information you want to give a
publisher when you request permission, you know, kind
of has the range of information they're looking for.
We drafted it and we gave it to three commercial
publishers. And we said, you know, if
you got this information from our student at Virginia Tech
, would you give them copyright permission? And they
said yes. And then these are places you can
go to get journal editors addresses, email addresses.
So you can you can do this, you know
, all online and speeds the process a little bit
more than then using the postal service. Yeah.
Mhm. Mhm. What? Yeah. This uh
Yes. File letter. Well, if you're gonna
submit it with your E. T. D.
Then a pdf would work the best. But Right
, right. Just just some type of written documentation
saying, and you do have permission um then the
other person that is I have. All right.
Do I you get permission for that at all?
Worry is free access? I don't howard success doesn't
have anything to do with it. It's copyright.
Does somebody else on the copyright if you published something
and you own the copyright and it's in an open
access journal, that's great. But it doesn't because
it's in an open access journal doesn't change the copyright
law. Like I said, it's like really support
Oh well if it says lovely things like that,
then yeah. Right, you're right. Well when
when you submit it you're going to have that statement
on there. Right? I mean you're going to
include that information when you submit it when you make
No. Yeah. Yeah. You want to copy
that page from the journal that says that include that
. Yeah, that that sounds just like what I
was talking about at the beginning. In terms of
sharing your copyright. They're essentially you know if if
you if you gave it to them, they're now
giving it back to you by giving you permission to
reproduce it. Right. Anyone could Uh huh.
Report. Uh huh. Mhm. Are in the
appendix, Right? Is that what you prefer?
Are just an accompanying document Or when you upload your
documents, you can upload a second copyright pdf that
has all the copyright documents in there. So either
way, as long as we get documentation, if
you want to your appendix, we accept it there
too. But we don't aspire to be. I
really like it when it's in the document because I've
um I do a fair amount of talking about stds
in my travels and I like to show examples of
them. And so it's nice to be able to
show a dissertation that has used copyrighted work and done
everything right? Like included the permission statement or the
fair use analyzer tool that makes it it makes it
without question for futures or something like our graduate school
knows that you did everything right and that you had
permission or but the next person that opens your dissertation
doesn't have the same evidence doesn't know that um if
they wanted to use that chart again, they wouldn't
know necessarily, Well, you could make it easier
on them about finding where you got permission or the
fact that you did have permission to use it just
kind of makes it absolutely clear to anybody that looks
at your work that this was with permission and legitimate
. I think it's really nice to because you're doing
a dissertation and you're going to submit your work to
um I to proquest dissertations online, they're going to
have the same questions as the graduate school has when
you use someone else's work. They are going to
want to see the evidence that it was a legitimate
use also. So if you include that, then
they've got it too. Yeah. That's not been
published yet. What it's being? Mhm. Give
me for Oh yes. I mean it's copyrighted.
Whether it's published or not. If somebody else created
it then and it it depends you need to look
at the four for various factors. Did you are
using the whole thing? Are you? Uh huh
. We do part of the work. It's hard
work. Mhm. But I need you to do
all of that data for my Uh huh. So
then you guys probably want to share you know that
you want to give them permission. They want to
give you permission and you want to include that statement
with when you submit your dissertation. Mhm. Someone
told me you cannot even upload your own published article
like who you are portfolio. I think like that
depends on whether you kept. If you have the
copyright, if you own the copyright, then you
can do that. But if you submitted your article
to a publisher and they asked you to sign this
contract that said you gave them all of the rights
, then you couldn't upload it because you don't remember
you, the copyright owner gets to decide about uh
then it's yours to do these things with uh it's
yours. You get to decide. We have options
which they gave. So for you, oh,
they're they're going to make the form look like you
don't have any choice. They're not going to have
like check boxes. You know, you agree or
you don't agree. They're going to give you a
form that says sign here and give us your copyright
more than likely. And you're gonna say you're gonna
write on it or you're gonna send them a letter
or you're gonna, what I usually do is I
write right on the contract, I'll share my copyright
with you sign that. But I wouldn't just sign
a blank. I do use their form, but
I modify it to give them non exclusive rights.
That means they have rights to do whatever they want
. But I still have my rights. Yeah.
And one of the things that It's easier for me
to say because you know, I've been doing this
for 30 years and I'm tenure in a full professor
and you know, fire me. But I know
I was nervous in the beginning to because I thought
I need to get my articles published. I'm not
going to get tenure if I don't get my articles
published and I need them to be published in these
good academic journals and I want them published. But
one of the things that you'll learn is when you
submit this article, that's the only tense time there
is once they contact you and say we want to
publish your article, oh, now you're in a
bargaining position. Now they're they're thinking they've got your
article, they're thinking about the layout there, thinking
about what volume is going to go in and they
want your article. You know, they didn't just
accept it because they don't want it. They accepted
your article because they want to publish it. And
I've never had a publisher turned me down when I
said I would give them a non exclusive rights.
It gives them the right to do everything that they
wanted to do before. It just lets me distributed
in class. It lets me put it on scholars
so that others can see it. It lets me
link it to my resume on my website at the
library, gives me options that I wouldn't have otherwise
. But if you sign it away, if you
give it away. And this actually happened way back
in the, in the 90s when we first were
doing stds. I actually saw a dissertation and one
chapter was one page with an article citation in it
because the publisher would not give the rights back to
the student to put the chapter in their dissertation.
I thought that was pitiful, but I've never seen
another one. But it just, you know,
they don't have to give you your rights back there
more than likely going to. Um In fact,
the survey that we did said, one of one
of the journal editors said that they wished more faculty
would work with the students to get the articles published
because then the articles would be published before the dissertation
comes out. And so then the they're not worried
about any competition between the two. They got the
article in their journal, they marketed it, they've
sold the journal now you come along and you put
it in your dissertation, it's kind of old news
. Not really, but um, that was what
one of the editors told us. So It's 8:00
, I'm sure you're anxious to go. My office
, like I said, is on the main floor
of Newman Library. If you have questions later,
don't hesitate to come by. Good luck come