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: goal-boun...@eprints.org [mailto:goal-boun...@eprints.org] 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" <sfl...@wooster.edu> Date: Monday, February 4, 2013 8:31 PM To: Stevan Harnad <har...@ecs.soton.ac.uk> Cc: "Global Open Access List (Successor of AmSci)" <goal@eprints.org>, sparc-ir <sparc...@arl.org> 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 <elizk...@gmail.com> 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 elizabeth.e.k...@dartmouth.edu -- You received this message because you are subscribed to the Google Groups "SPARC IR" group. To post to this group, send email to sparc...@arl.org To unsubscribe from this group, send email to sparc-ir+unsubscr...@arl.org For more options, visit this group at http://groups.google.com/a/arl.org/group/sparc-ir You may need to log in to view the archive. If this is required, you will need a Google account associated with the email address under which you are subscribed to this group. 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For more information on creating a Google account see http://www.google.com/support/accounts/bin/answer.py?answer=27441 For information on associating an existing Google account with your subscribed email address see http://www.google.com/support/accounts/bin/answer.py?hl=en&answer=86635. For information on logging into an ARL sponsored group see https://sites.google.com/a/arl.org/techguides_arl/login. <https://sites.google.com/a/arl.org/techguides_arl/login.%C2%A0> -- You received this message because you are subscribed to the Google Groups "SPARC IR" group. To post to this group, send email to sparc...@arl.org To unsubscribe from this group, send email to sparc-ir+unsubscr...@arl.org For more options, visit this group at http://groups.google.com/a/arl.org/group/sparc-ir You may need to log in to view the archive. If this is required, you will need a Google account associated with the email address under which you are subscribed to this group. 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