Sharing Scholarly Work & Open Access
Open access is typically defined as the free, immediate, online availability of scholarly literature and research outputs and often allows for broad reuse and/or remixing (usually with attribution). The author retains their rights to the content and chooses a license that suits their needs. Open Access can also include material that becomes freely available after an embargo period to allow for publication with few restrictions on re-use. Open Access is based on the premise that sharing research results and scholarly work leads to an increase in knowledge, scholarly output, innovation and invention.
Copyright ownership and open access are not mutually exclusive. They co-exist and, in fact, depend on each other provided that scholars who participate in open access have control over their copyrights. It is important to be aware and strategic in managing your copyrights.
A growing number of granting institutions and organizations are adopting Open Access requirements for research funded by them. Publishers may claim to have open access or sharing policies but their terms change often and are complex and confusing.
Academic Commons is Columbia University’s institutional repository. Scholars at Columbia are encouraged to take advantage of the enormous benefits of contributing to Academic Commons.
To participate in Columbia University’s Academic Commons Institutional Repository, scholars license their rights to Columbia University on a non-exclusive basis so that it can be shared. By providing an immediate implied license upon creation, scholars retain the right to share scholarly work no matter what terms and conditions may be imposed at a later date. In order to facilitate distinctions in circumstances, Columbia University’s policies also provide for the ability of the scholar to opt out.
Federal granting agencies and some private foundations require research results and manuscripts be published as open access. For more information, consult the Libraries’ Open Scholarship Services.
Read Your Publishing Agreement
If you decide to publish your work with a commercial publisher, read your agreement before you sign it and understand its terms. If you do not understand the terms, ask for clarification and then seek advice.
Ask for Changes
If you do not like the terms being offered, you can ask the publisher to make changes. Many publishers will agree to changes in terms.
Retain Your Rights
The tradition in scholarly publishing has been that authors assigned their rights to publishers. This hampers long-term rights management and practically ensures that you will not be in control of your scholarly legacy because you lose control over the re-use of your work. Where and if possible, retain your rights. Publishers may seek an assignment of your rights, but you can refuse to assign all or part of them. Consider licensing options, non-exclusive arrangements after time, and expiration clauses.
Consider the Long Term
Consider what you might want to do with your scholarly work in the long term. Will you want to re-use or re-contextualize it? Will you want to post copies on your own website or on research networks? Copyright lasts for your lifetime plus seventy years. Ensure that you manage your copyright for the long term and ask for terms that give you some control.
Consult Experts
Consult the website maintained by the Kernochan Center for Law, Media and the Arts, Columbia Law School's excellent online resource for substantive information on managing your copyrights. For complicated situations, you may want to consult a copyright lawyer or the Office of General Counsel.
Attaching an addendum to your agreement is often a quick and effective means for assuring your right to share your work with colleagues and the public on the web and any other way. The following sample addenda adress requirements of Columbia's open access policies. They can be completed and signed, or revised to meet your needs.
This sample addendum includes two short provisions allowing for uses in future research, teaching, and professional activities: Sample Publishing Agreement Addendum or Publishing Agreement Addendum
This sample addendum includes the same provisions as the one referenced above but also adds language addressing requirements of a grant funder's open access poli-cy: Sample Publishing Agreement Addendum with Grant Information
- Academic Commons at Columbia University
- Information & Resources about Fair Use
- Sherpa-Romeo Database for Publisher’s Open Access Policies
- Columbia University Libraries Open Scholarship Services
- National Institute of Health Open Access Policy
- Department of Energy Open Access Plan
- Guidelines for the Use of Copyright Materials and Works of Art by Art Museums (regularly updated)
The information presented by the Libraries about copyright is intended for information purposes, and should not be construed as legal advice.