So a few questions that would be great to get some feedback on from the wider community:. The elephant in the room here is whether or not it is even ethical for commercial entities to own the rights to scholarly research outputs. For at least ten years not sure exactly when I started doing this upon acceptance of my paper I have refused to sign a CTA. Others have simply crumbled right away and sent me such a pdf without even trying it on. Publishers clearly have these licence to publish pdfs already there as a backstop for dealing with awkward buggers like me.
At worst, my approach has delayed final acceptance by a couple of weeks.
Employers should instruct their staff not to sign a CTA but instead to demand a licence to publish and in my view success would quickly follow. Thanks for your comment, Charles.
This is the point which is bugging me most about all of this. Many museums require copyright for any specimen imagery to remain with the museum which is an ethical morass to discuss at another time ; although these agreements often will say something about allowing academic publication, they say nothing about allowing the copyright to be transferred to the publisher!
Having them twice would cause errors. ApplicationFramework; using Eplan. Scripting; using Eplan. Base; using Eplan. IO; using System. Forms; using System. Generic; using System. What do you think? Did you ever question a publisher about any of the above, and if so what was the response? My approach is to ask for the alternative agreement that it is the nonexclusive license to publish.
Usually one appears in about an hour. In one case, the caveat was that the piece I wrote would then not be copyedited — which seemed a bit unsmart of the publisher but I was fine with it. Now, for articles, I just ask in advance for the agreement. However, when I challenged CUP about it, they said there was nothing they could do and that signing away copyright was a condition of publication, despite the article being OA.
I think we can guess why.. It used to be that authors could submit a copyright addendum with their AVMA manuscripts to retain more rights. The association announced the change In February in an editorial that included other changes also: Journal of the American Veterinary Medical Association February 1, , Vol. In the past, the journal has sometimes had difficulties obtaining completed copyright agreements. Currently, therefore, manuscripts will not be considered for publication until a signed copyright agreement has been received from each author copyright automatically reverts to the authors in the event that the journal elects to not publish the manuscript.
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In consideration of the acceptance of the above Work for publication, I do hereby assign, transfer, or otherwise convey exclusively to the Publisher all my rights, title, and interest in and to the copyright, any and all rights incident thereto, inthe Work, including all its graphic, photographic, and image-related elements. This assignment transfers exclusively to the Publisher all of my rights under any law governing moral, publicity, or privacy rights or other proprietary rights directly or indirectly relating to the Work assigned.
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This assignment applies to all translations of the Work as well as to preliminary display or posting of the manuscript or its abstract in electronic form prior to publication. Note: Material prepared by employees of the US government in the course of their official duties cannot be copyrighted. Was the legality of such transfer agreeements ever tested in court?
In short, if a party gets something in return for nothing, the contract is suspicious. I would have expected more authors associations to write letters in favour of such mechanisms. Well, I believe that under copyright law and IANAL , the copyright in works made in the course of employment works made for hire belong to the employer. Thus it would appear the author does not have the legal right to sign away that copyright.
Hence most such copyright transfers made by researchers should arguably be invalid!
Where universities have attempted to enforce this, there has generally been a strong kick-back from the community. Whether it is either legal or ethical for authors to sign away copyrights that they only have a customary rather than legal right to, is an interesting question! In EU, the most common legal argument is around academic freedom which is enshrined in the Italian and German constitutions due to experience with fascism , see e.
How to Copyright Protect a Document
Other than that, the most relevant laws may be others, such as labour laws and public administration laws. For instance, in Italy art. It could be argued that academics working for proprietary private journals, possible even if unpaid, need to seek authorisation. In this article, the different options available for legislators and courts to secure creative uses in the context of derivative works will be assessed in order to develop a satisfying legal mechanism de lege ferenda, discussing in particular the possible objections that could result from the international and regional framework for both intellectual property and human rights protection.
10 Big Myths about copyright explained
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