Partnering on Copyright

Check list of key needs for authors and publishers when publishing a journal article

Underlying the process of publishing a journal article is a publishing agreement. A publishing agreement is the contract between an author and publisher outlining the terms and conditions on which an article (an original work of scholarship) is accepted for publication and made accessible to a wider readership. A publishing agreement is an important step in achieving a balance of rights and responsibilities in the process of scholarly communication.

The interests of author and publisher often converge but sometimes diverge. Consideration of the key needs of authors and publishers helps each to understand the other's position when entering into a publishing agreement. This check list of key needs can help an author or publisher to identify rights he/she may wish to seek to retain when transferring/assigning copyright or licensing for a publication. It also sums up the key needs which are important to a publisher thereby helping to determine which rights could be best exercised by which party.

This list is part of a work package funded by SURF and JISC regarding publishing agreements under the auspices of the Zwolle Group for which balancing stakeholder’s interests in scholarship friendly copyright practices is pivotal.

In scholarly communication several definitions of pre and post prints are used. The definitions used in this list link up with the definitions used by the Association of Learned and Professional Society Publishers in its response to the Science and Technology Committee of the House of Commons regarding the report ‘Scientific Publications: free for all’ November 2004.

Pre print means a work before it has been peer reviewed, edited or prepared for publication by a publisher.

Post print means a work in the form accepted for publication in which the author has incorporated into the text the outcome of peer review.

The definitive version is the publisher’s version which includes further editorial refinement and preparations made by the publisher for producing the version for publication.

In some cases the definitive version only differs from the post print in terms of the publisher's typographical layout and journal style.

Rights reserved for the public such as fair use or fair dealing are outside the scope of this project.

I Key needs for authors

Publication and dissemination

An academic author's career progression is dependent on publication of his/her research in reputable scholarly journals. Authors seek to publish in journals with a high impact factor and a wide international readership thereby maximising citation of their work.

• Freedom of choice of journal in which to publish their work.

Dissemination is all about maximising access and sharing with peers. The work which is disseminated could be in the form of a pre print, a post print or it could be the definitive version.

• Sharing with peers (as with off-prints) via e-mail list or list serve;
• Self publishing (posting on own web site or departmental web site);
• Posting to an institutional or national digital repository;
• Republishing.

Educational/instructional uses

It is important for an author to be able to use his/her journal article for educational use in the institution where he/she was working when the article was written and in any subsequent institutions where they may be employed. In the latter case this right might depend on the ownership and the copyright policy of the institution where the work was created.

• Any teaching or tutoring including lecturing or class room use;
• Course packs;
• Distance teaching and learning;
• E-learning environment e.g. intranet site or VLE restricted to registered students or sub-groups thereof.

Research uses

It is necessary to realise that an author can always use the content of his/her article to build further work upon; this list regards the use of an article as will be published or is published.

• Use in authors’ research;
• Sharing with peers in non-commercial research network.

Personal use

• Promotional literature;
• Presentation at a conference.

Future reuse

• Reuse in future publications and other projects e.g. a dissertation;
• Expanding into book form;
• Adaptation.

Preservation

• Long term accessibility;
• Depositing in a searchable archive.

Protection of Intellectual Property Rights & Moral Rights

• Right to be named as the author on the work;
• Maintain the integrity of the work;
• Protection against plagiarism;
• Protection against unlawful copying;
• Protection against infringement.

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II Key needs for publishers

A publisher's core business is the publication and dissemination of intellectual property. Legally a publisher must hold the necessary rights to that intellectual property to enable it to conduct and grow its business in the future. It is also important to realise that exclusivity for a publisher can be important.

Publication and dissemination

• Legal right to publish;
• Establish Editorial selection process;
• Quality control through peer review;
• Continuing availability;
• Inclusion in abstracting and indexing databases;
• Facilitation for discovery by search engines;
• Investing in new technologies/software formats/distribution channels;
• Marketing and sales function.

Reuse

• Making derivative works;
• Teaching supplements;
• Translations;
• Anthologies;
• Formats for users with special needs;
• Changing the appearance of the article;
• Sublicensing to others to republish all or part;
• Permissions/reprints service.

Preservation

• Database storage of work;
• Digital archiving;
• Collaboration with third parties re perpetual access e.g. BL/LOCKSS.

Protection of Intellectual Property Rights and Moral Rights

• Maintain the integrity of the work;
• Protection against plagiarism;
• Protection against unlawful copying;
• Protection against infringement.

Financial

• Recovery of expenses/return on investment;
• Liability and indemnity exposure.

Special uses

• Administration of rights;
• Arrangements with national Reproduction Rights Organisations to recoup copyright fees.

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References

Issues for Agreements with publishers

Copyright Management for Scholarship

http://www.surf.nl/copyright/keyissues/scholarlycommunication/agreements.php

Ian Rowlands, Dave Nicholas and Paul Huntingdon

Scholarly communication in the digital environment: what do authors want?

Findings of an international survey of author opinion: project report

Centre for Information Behaviour and the Evaluation of Research

Department of Information Science

City University London

18 march 2004

ciber@soi.city.ac.uk

Michael Seadle

Copyright in the networked world: author’s rights

Library Hi Tech Vol. 23 No. 1, 2005 pp. 130-136

SPARC

Copyright guidance for Authors

Practical guide when submitting journal articles

http://www.arl.org/sparc/resources/copy.html

House of Commons

Science and technology Committee

Responses to the Committee’s Tenth Report, Session 2003-2004

Scientific Publications: Free for all?

Fourteenth report of Session 2003-04

Report, together with formal minutes

8 November 2004

http://www.publications.parliament.uk/pa/cm200304/cmselect/cmsctech/1200/1200.pdf

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