Rights issues relating to self-archiving

The primary function of the RoMEO project was to ascertain all the rights issues relating to the process of self-archiving and to consider ways of addressing them.  The following table maps the self-archiving process and the rights questions we identified.  

Process

Rights issues

The academic writes a research paper

Does the academic own the copyright or does it belong to the institution?

Does the academic know who owns it?

Is the relationship between academic and institution governed by law, contract or custom & practice?

Has the author had to get permission to reproduce third-party material in the paper?

Is there more that one author sharing copyright?

The academic self-archives the pre-print of the paper

What rights does the author have over the work under law?

What rights does the author want to retain in their work and what do they want to give away?

Does the author have to warrant the archive that s/he owns the rights?  Or does the archive have to check?  How is this relationship managed?

Can the author specify the copyright status of their work?  If so how?

Does the author use an existing ‘alternative’ copyright regime (e.g. copyleft)?

Are any DRM systems in place to protect the work?

Will the archive itself add any value and thereby create rights (e.g. typographical layout, metadata)?

The academic sends the article to the publisher

Will the publisher accept it if its already self-archived?

The publisher referees and accepts the paper

Will the publisher ask for copyright assignation or an exclusive licence?

How will the academic respond to a restrictive licence? (Send preset amended clauses to publisher, negotiate, send their own licence back?) 

Will the publisher allow the academic to archive the refereed version in full, or just an addendum (Harnad-Oppenheim proposal)

If they do allow self-archiving, is it on certain conditions?

If so, what are they and do authors comply?

The academic archives the refereed version (or addendum)

Will the publisher allow the academic to self-archive the publisher pdf?

Will the refereed version have a different copyright status to the preprint (due to publisher restrictions)?

The repository (Data Provider) creates a metadata record

Are there any rights in an individual metadata record?

If so, who owns them?

Do DPs wish to assert any rights over either individual metadata records, or data collections?

If so, what do they want to protect, and how might this be done?

Do DPs disclose any rights information relating to the documents themselves?

The metadata is disclosed to Service Providers that harvest it.

How do SPs ascertain the rights status of the metadata they’re harvesting?

Do SPs enhance harvested metadata records, creating new IP?

Do SPs want to protect their enhanced records?  If so, how?

How do SPs make use of any rights information relating to the documents themselves?  

An end-user accesses the paper

How does the end-user know what use they can make of the paper?

Are end-users aware of ‘alternative’ copyright regimes?

Will rights statements be read, or do we need access control via DRM systems?

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