SPEC Kit 332: Organization of Scholarly Communication Services · 157
University of Oregon
FAQ for the Library IR Deposit Resolution
http://pages.uoregon.edu/jqj/oa/lib-deposit-faq.html
http://pages.uoregon.edu/jqj/oa/lib-deposit-faq.html[11/27/12 11:04:09 AM]
copy of their work. In the few cases where either was problematic, there would be an easy escape clause allowing the
author to be excused from the policy.
Is there any precedent for this?
Definitely. We'll be leaders, but not pioneers breaking totally new ground. The resolution closely mirrors similar ones
passed by Harvard (3 schools), MIT, the Stanford Ed School, and the Oregon State U Library Faculty. For a list of all
institutions that have repository mandates – more than 70 in all --and their particular policies, see
http://www.eprints.org/openaccess/policysignup/
Doesn't this limit what I can do with my article?
As a nonexclusive license, the permission granted to the UO would not restrict the rights of other licensees or your rights
as the author. For example, the author could still sign away copyright ownership in her or his work to a commercial
publisher, who could then make copies, sell the work, create derivative works, etc. The permission granted to the
Libraries, since it occurred before the copyright transfer, would not be overridden by the later transfer, so the Libraries
could continue to distributed the work through Scholars' Bank. The additional permission granted to the Libraries is very
narrow, and is essentially just the permission needed for Scholars' Bank:
-it requires that if the library makes copies it preserve attribution and integrity
-it requires that the library not make copies of the work for any commercial purposes
-it allows the library to make copies and publicly display or perform them, but does not allow the library to make
derivative works such as translations or collections.
The resolution doesn't prevent the author from granting additional usage rights. For example, suppose the library author
had written a playscript. The author could decide to allow the university to create a video (a "derivative work") from it.
Similarly, if the author's publisher is willing, the author could deposit a copy of the publisher's formatted version of the
article in Scholars' Bank.
Who does it apply to?
All library faculty members who write scholarly articles while they are a member of the faculty.
What works does it apply to?
The resolution applies only to "scholarly articles," written or co-authored by UO Library faculty. That basically means
articles submitted to peer-reviewed journals. It doesn't say anything about books, conference papers, or any other types
of work. But there's nothing that would prevent library authors from also depositing other works such as conference
papers in Scholars Bank if they wished. The reason we single out articles is that the real point of this is to have faculty
give the UO a non-exclusive license BEFORE they sign away all rights to a publisher, but in such a way (as a mandate)
that they minimize the risk that the publisher will object.
It applies to all works whether or not the UO would consider them “works made for hire.” So don't try to weasel out by
claiming you wrote it on the weekends or that the paper topic had nothing to do with libraries. J
If it's already published in Scholars' Bank, how can I publish it in a journal?
Most journals do insist that your work not be already published, but that's not an issue here.
First and most importantly, it won't appear in Scholars' Bank until after it is published in the journal, unless you specifically
authorize the library to make it available earlier.
Second, depositing an article in a repository isn't really publication. Some journals may object and reject an article that
has already appeared in a repository, while others will not. It's pretty common for authors to circulate preprints of an
article for comment, or to submit to a journal an article that is substantially similar to a conference paper, but most
journals don't object to that, and shouldn't object to having a preprint of the paper made available in an institutional
repository, either.
But isn't this incompatible with the contract I have to sign with my publisher?
University of Oregon
FAQ for the Library IR Deposit Resolution
http://pages.uoregon.edu/jqj/oa/lib-deposit-faq.html
http://pages.uoregon.edu/jqj/oa/lib-deposit-faq.html[11/27/12 11:04:09 AM]
copy of their work. In the few cases where either was problematic, there would be an easy escape clause allowing the
author to be excused from the policy.
Is there any precedent for this?
Definitely. We'll be leaders, but not pioneers breaking totally new ground. The resolution closely mirrors similar ones
passed by Harvard (3 schools), MIT, the Stanford Ed School, and the Oregon State U Library Faculty. For a list of all
institutions that have repository mandates – more than 70 in all --and their particular policies, see
http://www.eprints.org/openaccess/policysignup/
Doesn't this limit what I can do with my article?
As a nonexclusive license, the permission granted to the UO would not restrict the rights of other licensees or your rights
as the author. For example, the author could still sign away copyright ownership in her or his work to a commercial
publisher, who could then make copies, sell the work, create derivative works, etc. The permission granted to the
Libraries, since it occurred before the copyright transfer, would not be overridden by the later transfer, so the Libraries
could continue to distributed the work through Scholars' Bank. The additional permission granted to the Libraries is very
narrow, and is essentially just the permission needed for Scholars' Bank:
-it requires that if the library makes copies it preserve attribution and integrity
-it requires that the library not make copies of the work for any commercial purposes
-it allows the library to make copies and publicly display or perform them, but does not allow the library to make
derivative works such as translations or collections.
The resolution doesn't prevent the author from granting additional usage rights. For example, suppose the library author
had written a playscript. The author could decide to allow the university to create a video (a "derivative work") from it.
Similarly, if the author's publisher is willing, the author could deposit a copy of the publisher's formatted version of the
article in Scholars' Bank.
Who does it apply to?
All library faculty members who write scholarly articles while they are a member of the faculty.
What works does it apply to?
The resolution applies only to "scholarly articles," written or co-authored by UO Library faculty. That basically means
articles submitted to peer-reviewed journals. It doesn't say anything about books, conference papers, or any other types
of work. But there's nothing that would prevent library authors from also depositing other works such as conference
papers in Scholars Bank if they wished. The reason we single out articles is that the real point of this is to have faculty
give the UO a non-exclusive license BEFORE they sign away all rights to a publisher, but in such a way (as a mandate)
that they minimize the risk that the publisher will object.
It applies to all works whether or not the UO would consider them “works made for hire.” So don't try to weasel out by
claiming you wrote it on the weekends or that the paper topic had nothing to do with libraries. J
If it's already published in Scholars' Bank, how can I publish it in a journal?
Most journals do insist that your work not be already published, but that's not an issue here.
First and most importantly, it won't appear in Scholars' Bank until after it is published in the journal, unless you specifically
authorize the library to make it available earlier.
Second, depositing an article in a repository isn't really publication. Some journals may object and reject an article that
has already appeared in a repository, while others will not. It's pretty common for authors to circulate preprints of an
article for comment, or to submit to a journal an article that is substantially similar to a conference paper, but most
journals don't object to that, and shouldn't object to having a preprint of the paper made available in an institutional
repository, either.
But isn't this incompatible with the contract I have to sign with my publisher?
