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Retaining Rights to Use Your Works: Copyright Challenges for Scholars

Manage Your Intellectual Property

As a researcher, your intellectual work is your primary asset. Understanding and maintaining your rights are fundamental methods to support a sustainable system of scholarly communication.

"Unbundle" rights: Traditionally, publishers require you to sign a standard contract before publication, usually referred to as a "Copyright Transfer Agreement," "Publication Agreement," or "License to Publish." Often, these contracts transfer all of your rights as a bundle to the publisher. As an author, you have the option to unbundle this package to retain certain rights, such as the abilities to post your work to the public Internet or to use your research in a class setting.   You can suggest changes to the language of the agreement in order to make this happen.  

Scholars may wish to negotiate for the following language which would allow them, at least, to use their own works for their teaching and research purposes.

Sample Publishing Language:

"Owner hereby grants the author a non-exclusive, world-wide, royalty-free perpetual and irrevocable right and license to copy, distribute, display, and perform this Work, in whole or in part, and to incorporate the Work, in whole or in part, in his/her teaching and research activities including publication of the on the author's non-profit educational Web site and to fullfill deposit mandates from funders such as the NIH."

More resources:

  • The Scholarly Communication Center serves as a resource to the NC State community on scholarly communications issues, and can provide advice on how to retain key rights for your work. Click on the link to review the Copyright Tutorial.
  • The Association for Research Libraries has created a "Know Your Copyrights" brochure and an FAQ with resources for teaching faculty.

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