Copyright Guidelines
- What are my rights as an author?
- Where can I learn more about my rights as an author?
- Do I have to sign the publisher’s copyright agreement?
- What else can I do if I want to retain my copyrights as an author?
- I signed a publisher’s copyright agreement giving them the right to control distribution of my work. Can I still upload my publication(s) to DigitalCommons@Cedarville?
- My publisher is requiring me to wait a certain period of time before I can post my publication on DigitalCommons@Cedarville. What can I do?
- Can I post a reprint from a journal?
- A working paper in DigitalCommons@Cedarville has been published in a slightly revised form in a journal. What should I do?
- What about works produced under a grant?
- Can you explain copyright terms and when a work enters the public domain?
- What is the difference between Copyright and Creative Commons?
- What are some other resources I can consult?
- What are my rights as an author?
As the author or creator of a work, you are the copyright holder and own the rights to that work, including the option of submitting it to DigitalCommons@Cedarville. You retain those rights unless or until you transfer the copyright to someone else in a signed agreement. Normally, the copyright holder possesses the exclusive rights of reproduction, distribution, public performance, public display, and modification of the original work. An author who has transferred copyright without retaining these rights must ask permission unless the use is one of the statutory exemptions in copyright law.
On March 5, 2019, the United States Supreme Court ruled that a work must be registered with the U.S. Copyright Office in order for a copyright holder to bring suit for copyright infringement. Anyone wishing to register a work may do so at the Copyright Office website.
- Where can I learn more about my rights as an author?
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For more information on author rights, please visit SPARC – Author Rights: Using the SPARC Author Addendum, the United States Copyright Office's Frequently Asked Questions, or the DigitalCommons@Cedarville staff. You can also review our document, Reviewing Publisher Agreements/Copyright Checklist. Click here to download the SPARC Author Addendum.
- Do I have to sign the publisher’s copyright agreement?
The law allows you to transfer copyright while holding back rights for yourself and others. In most cases publishers require only your permission to publish an article, not a wholesale transfer of copyright. It may be beneficial to retain rights to make use of the work in ways that serve your needs and that promote education and research activities.
- What else can I do if I want to retain my copyrights as an author?
Publishers' agreements (often titled "Copyright Transfer Agreement") have traditionally been used to transfer copyright or key use rights from author to publisher. They are written by publishers and may capture more of your rights than are necessary to publish the work. One way of doing this is to include the SPARC Author Addendum with the agreement.
- I signed a publisher’s copyright agreement giving them the right to control distribution of my work. Can I still upload my publication(s) to DigitalCommons@Cedarville?
Please be aware that if you have already signed over your copyright to a publisher or other third party, you may still be able to deposit your work into DigitalCommons@Cedarville. Many publishers allow authors to freely disseminate either a pre-print or even the final, published version of their document. To find out what your publisher allows, please visit SHERPA – RoMEO or the DigitalCommons@Cedarville staff for assistance.
- My publisher is requiring me to wait a certain period of time before I can post my publication on DigitalCommons@Cedarville. What can I do?
In cases where publishers require an embargo period before allowing authors to distribute their own work, DigitalCommons@Cedarville can limit access to your publication until the embargo period has passed. However, it is recommended that authors review the copyright agreement they signed when their manuscript was accepted for publication. Many publishers are now allowing authors to disseminate pre-publication versions of their work. If you have questions or need assistance understanding your author rights, please the DigitalCommons@Cedarville staff.
- Can I post a reprint from a journal?
It depends on what the journal allows, which is usually specified in their agreement with the author. If it would not violate copyright to post the reprint on DigitalCommons@Cedarville, you're welcome to do so. Permissions for many publishers can be found at SHERPA – RoMEO and assistance in determining copyright restrictions can be obtained by the DigitalCommons@Cedarville staff.
- A working paper in our repository site has been published in a slightly revised form in a journal. What should I do?
Many journals do not have any restrictions on working papers that preceded an article, especially if substantial revisions were made. You should check your author agreement with the journal to confirm that there is no problem with leaving the working paper on the site. The repository would constitute noncommercial use.
Assuming the working paper does remain posted in the repository, it is a good idea to include the citation to the published article on the cover page of the repository working paper. Please the repository administrator to request this change.
- What about works produced under a grant?
Works produced under a grant may require unique distribution rights. Be sure to closely read the terms of the grant to determine what your author rights are.
- Can you explain copyright terms and when a work enters the public domain?
The Cornell University Library’s Copyright Information Center has created an excellent website dealing with all aspects of the copyright law. Copyright terms and the public domain are explained here.
- What is the difference between Copyright and Creative Commons?
Creative Commons is a license that’s used in conjunction with a work that is copyrighted. It is not a replacement for Copyright. A Creative Commons license simply gives people the right to use a copyrighted work in selected ways. DigitalCommons@Cedarville uses Creative Commons licenses for such things as student journals and capstones. Additional information about Creative Commons licenses is available on their website.
- What are some other resources I can consult?
The Stanford University Libraries have an excellent website devoted to copyright and fair use. RightsStatements, according to their website, "provides a set of standardized rights statements that can be used to communicate the copyright and re-use status of digital objects to the public."
