Copyright infringement on theses and dissertations
Yvonne
Paige Morgan
ProQuest® Publishing Program - Election and Elements. The rights granted above shall be exercised according to the publishing option selected by Author on the previous Publishing Options screen, and subject to the following additional Publishing Program requirements:
- Redistribution of the Work. Except as restricted by Author in the publishing option selected, the rights granted by Author automatically include (1) the right to allow sale and distribution of the Work, in whole or in part, by agents and distributors, and (2) the right to make the Abstract, bibliographic data and any meta data associated with the Work available to search engines and harvesters.
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Could this be what's happened in your situation? I know that a lot of students (and indeed, faculty members and advisors) aren't aware of it, and aren't in the habit of reading ProQuest's agreement carefully. Paige --------------------- Meeting/regular work hours: Monday - Thursday, 9am-5pm; limited email on Friday mornings. |
Dr. Paige C. Morgan (she/her/they)Digital Publishing and Copyright Librarian, Head of Digital Initiatives & Preservation University of Delaware Library, Museums and Press (on Lenape land) Morris 118 ORCID: https://orcid.org/0000-0001-8076-7356 pai...@udel.edu 302.831.7153 Make an appointment to meet with me: https://calendly.com/paigecm/ (Meetings available via Zoom, phone, etc.) ** I observe email-free evenings and weekends. ** |
Traditional Publishing Agreement
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ProQuest® Publishing Program - Election and Elements. The rights granted above shall be exercised according to the publishing option selected by Author on the previous Publishing Options screen, and subject to the following additional Publishing Program requirements:
- Redistribution of the Work. Except as restricted by Author in the publishing option selected, the rights granted by Author automatically include (1) the right to allow sale and distribution of the Work, in whole or in part, by agents and distributors, and (2) the right to make the Abstract, bibliographic data and any meta data associated with the Work available to search engines and harvesters.
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Yvonne
Paige Morgan
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--------------------- Meeting/regular work hours: Monday - Thursday, 9am-5pm; limited email on Friday mornings. |
Dr. Paige C. Morgan (she/her/they)Digital Publishing and Copyright Librarian, Head of Digital Initiatives & Preservation University of Delaware Library, Museums and Press (on Lenape land) Morris 118 ORCID: https://orcid.org/0000-0001-8076-7356 pai...@udel.edu 302.831.7153 Make an appointment to meet with me: https://calendly.com/paigecm/ (Meetings available via Zoom, phone, etc.) ** I observe email-free evenings and weekends. ** |
Fitchett, Deborah
Nothing can completely prevent it. Putting it behind a login or not digitising it at all would make it harder, but then it’s not so available to the general public at all which is counterproductive. Theoretically some kind of DRM might help but I don’t believe that’s a feature of DSpace.
So it comes down to responding to it: lay a complaint with Amazon / whatever other sites are hosting the content. Any otherwise legitimate site should have a DMCA/other takedown process. How the student (as copyright holder) phrases the complaint will depend on what, if any, licence the item has:
- No licence = All rights reserved: this is a straight-forward case where they’re breaching copyright by making copies at all.
- A Creative Commons “Non-Commercial” licence: here they’d be allowed to make a copy but by selling it they’re breaching the licence
- Another Creative Commons licence: they’re allowed to make a copy and are allowed to sell it – but they must still Attribute it correctly, which includes:
- The author’s name
- The original copyright notice and CC licence
- A link to the original material
They’re also not allowed to add any technological measures that restrict others from doing anything the licence permits.
So if they’ve missed out any of that information, or if they or Amazon have added any DRM, then they’re still in breach of the licence.
Deborah
From: dspace-c...@googlegroups.com <dspace-c...@googlegroups.com>
On Behalf Of Yvonne
Sent: Thursday, 4 May 2023 5:59 am
To: Paige Morgan <pai...@udel.edu>
Cc: DSpace Community <dspace-c...@googlegroups.com>
Subject: Re: [dspace-community] Copyright infringement on theses and dissertations
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Yvonne
Erica Mehan Johns
Hi all,
I think most of this has been stated, but I did run this by one of our copyright experts, Matthew Kopel and he provided the information below which echoes much of what has been shared. Matthew asked me to make sure to mention that he’s a librarian and not a lawyer, and that this is information and not legal advice. For legal advice, he suggests you take the issue to your institution’s counsel.
““If the author placed a license on the work that does not prohibit commercial use (e.g. a CC-BY instead of a CC-BY-NC), anyone can grab it and sell it.
Similarly, works deposited in HathiTrust or the Internet Archive that are in the public domain (and don’t have restrictions on the scans e.g. Google scans) are frequently repackaged and sold.
In the scenario below, if the license applied by the author was not an open license allowing for commercial use, the rightsholder would have grounds to issue a DMCA takedown request. Whether the institution can do this on behalf of the author depends on the nature of the repository license.”
Best,
Erica
Erica M. Johns
Lead Librarian for the eCommons Institutional Repository Service
Cornell University Library
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Yvonne
Austin McLean
I’m Austin McLean and work at ProQuest, a part of Clarivate and want to clarify our position.
- We do not provide graduate works to third-party retailers for resale. We did sell through Amazon for a short time nearly a decade ago but discontinued this practice in 2014.
- ProQuest is an archiving and dissemination partner for thousands of institutions worldwide, enabling the works of their graduate students to become part of the larger scholarly record. Unless authors choose to embargo their work, copies are available for sale directly from ProQuest via the Dissertation Express service and the PQDT index database – for researchers or libraries to purchase copies. These services focus on serving the information needs of the global research community. Authors earn royalties based upon the print copy sales and downloads of their work.
- Further information is here: https://about.proquest.com/en/dissertations/proquest-dissertations-frequently-asked-questions/proquest-dissertations-authors-frequently-asked-questions/#aSale)
- The clause in the author contract that is discussed in this thread (“Redistribution of the Work. Except as restricted by Author in the publishing option selected, the rights granted by the Author automatically include (1) the right to allow sale and distribution of the Work, in whole or in part, by agents and distributors….”) allows ProQuest to work through agents and distributors to market and sell ProQuest databases in countries where ProQuest does not have direct employees to do this work. This clause does not allow us to sell on 3rd party websites.
If you have any further questions, please feel free to reach out to me.
Thank you.
Austin
Austin McLean He/Him/His
Senior Director, Partnerships
M: +1-734-646-6830, Time zone: EST
ProQuest
Part of Clarivate
Yvonne
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