Publishing agreements are contracts between researchers (or authors) and publishers that outline the terms under which a work will be published. These agreements are crucial because they specify who owns the copyright, what rights the author retains, and what rights are granted to the publisher. Understanding these agreements is essential for researchers to maintain control over their work and ensure it is used in ways that align with their intentions.
Copyright Transfer Agreements: This is the most common type of agreement, where the author transfers full copyright ownership to the publisher. The publisher gains control over how the work is reproduced, distributed, and reused. Authors usually retain some rights for limited uses, like sharing with colleagues or using the work in teaching.
License Agreements: In these agreements, authors retain copyright but grant the publisher an exclusive or non-exclusive license to publish and distribute the work. This type of agreement gives authors more control, as they keep copyright ownership.
Open Access Agreements: These agreements are often non-exclusive licenses, enabling authors to retain more rights over their work while allowing the publisher to make it freely available to readers. Open access agreements may involve an article processing charge (APC) to cover publication costs.
Ownership of Copyright: Copyright typically grants authors the exclusive rights to reproduce, distribute, adapt, and display their work. However, in many traditional publishing agreements, authors transfer these rights to the publisher.
Moral Rights: Authors retain moral rights even after transferring copyright. These rights allow them to be identified as the creator of the work and to object to any distortion, alteration, or other modification that would damage their reputation.
Right to Reuse Work: Many agreements allow authors to reuse their work in specific contexts, such as:
Archiving and Repository Rights: Some agreements allow authors to archive versions of their articles in institutional repositories or on personal websites. This right can vary by publisher and may involve restrictions on which version of the article can be shared.
Exclusive vs. Non-Exclusive License: An exclusive license grants the publisher sole rights to publish and distribute the work, while a non-exclusive license allows authors to retain rights and possibly publish in other venues or formats.
Permitted Uses: Publishing agreements typically outline specific uses allowed for authors, like sharing a preprint, using the work in teaching, or reusing figures in future works. Understanding these permitted uses is essential for authors to maintain flexibility in how they use and share their research.
Embargo Periods: Some publishers enforce an embargo period, meaning authors must wait a specified time after publication before they can share certain versions of their work openly.
Article Processing Charges (APCs): In open access publishing, APCs are fees paid by the author (or their institution or funder) to make the article freely available. It's important to clarify the costs and any institutional or funding support for these charges before signing an agreement.
SPARC Author Addendum: Organizations like SPARC (Scholarly Publishing and Academic Resources Coalition) provide addendums that authors can attach to agreements, specifying retained rights such as the ability to post the work in repositories or reuse it in teaching.
Negotiating Rights: Authors can negotiate with publishers to retain certain rights, even when signing a copyright transfer agreement. This might include the right to share the article in an open-access repository or to reuse it in specific ways.
Benefits:
Challenges:
Creative Commons Licenses: Many open-access publishers use Creative Commons licenses, allowing authors to retain copyright while enabling different levels of openness. Common options include:
Green vs. Gold Open Access: Authors can retain rights depending on the open-access model:
Read and Understand the Agreement: Carefully review all terms, and if possible, seek advice from your institution’s library, legal team, or a professional association.
Negotiate Terms if Necessary: Many publishers are willing to negotiate rights if authors request specific concessions, especially regarding reuse and open access.
Use an Addendum if Needed: Consider adding a rights retention addendum to secure specific rights, like self-archiving or reuse in teaching.
Consider Open Access Options: If retaining rights is important, consider publishing in an open-access journal that aligns with your goals for distribution and reuse.
Copyright and Fair Use Resources from the American Library Association- The ALA offers a broad range of resources on copyright, fair use, and licensing, which can be valuable for understanding the legal aspects of publishing agreements and author rights.
Creative Commons Licenses allow authors to retain copyright while enabling different levels of openness. Each license type is explained in detail to help authors choose the best option for their work.
Plan S Rights Retention Strategy- developed by cOAlition S to help authors retain rights to their work under Plan S. This strategy encourages authors to add a statement to their manuscripts asserting their right to share the accepted manuscript.
Sherpa/Romeo (JISC)- a database that helps authors understand self-archiving rights based on publisher policies. It includes information on which version of an article can be shared (preprint, postprint, or published version) and any applicable embargo periods.
Think. Check. Submit. In addition to offering a checklist for researchers to evaluate the quality and legitimacy of journals, this resource also highlights factors in publishing agreements that researchers should consider.