Authors and copyright

As the author of a work you are the copyright holder unless and until you transfer the copyright to someone else in a signed agreement.

Publishers typically require you to sign a copyright transfer agreement, or publication agreement, before publication. Often these contracts transfer all your rights as a bundle to the publisher. If you do so, you may be giving away your rights to

• distribute print and/or electronic copies to colleagues
• reuse portions in a subsequent work
• use your own works in a classroom or in a course pack
• store a copy on your web site or within Texas State institutional repository

The copyright holder controls use of the work

Decisions concerning use of the work, such as distribution, access, pricing, updates, and any use restrictions, belong to the copyright holder. Authors who have transferred their copyright without retaining any rights may find themselves having to request permission from publishers to place their own articles on a web site, in a course pack or in an institutional repository, or to distribute copies. 

Transferring copyright does not have to be all or nothing

Copyright is a bundle of rights. They can be transferred in their entirety to the publisher, or the author can transfer only certain rights. For example, the author might transfer ownership of the copyright but retain the right to include articles in course packs, or place articles on a personal web site or an institutional repository. Alternatively, the author might negotiate to retain ownership of the copyright and grant a non-exclusive license to the publisher, typically for the right of first formal publication.

What Can an Author Do?

• Make sure you understand how you will be able to use your work before and after publication. Review publishing agreements carefully. Ensuring the agreement has a clear statement of your rights is up to you. 
• Modify publishing agreements by attaching an author attendum that specifies the rights you wish to retain. When you can, negotiate either (1) to retain copyright and transfer only the right of first print and electronic publication, or (2) to transfer copyright but retain the rights you need, including that of postprint archiving. Most  journals ask authors to transfer copyright, but many will show flexibility if you ask.
• You may archive your pre-refereed work in eCommons, Texas State's institutional repository. Placing your work in eCommons does not transfer away your copyright. Most publishers do not consider preprint archiving "prior submission." 
• Consider the publisher's copyright policies when choosing a publisher for your work. Obviously, there are other important factors affecting the choice such as the journal's relative impact in the field, the journal's quality, and target audience. To find publisher policies, consult the SHERPA/RoMEO site, which provides copyright policy information of approx. 100 major scholarly publishers.

 Author Addendum

 One means of retaining selected rights is to mark up the publisher’s standard agreement and initial each change. An easy alternative is to attach an author addendum. It is a legal document that modifies the publisher’s agreement. One widely used and recognized addendum is the SPARC Author Addendum, which is developed by the Scholarly Publishing and Academic Resources Coalition (SPARC) in partnership with Creative Commons and Science Commons.  It includes the basic rights recommended by library and academic groups. You may use the document as is or as a starting point to make your own addendum.

To use the author addendum, all you need to do is:

1. Complete the addendum.
2. Print a copy of the addendum and attach it to your publishing agreement.
3. Note in a cover letter to your publisher that you have included an addendum to the agreement.
4. Mail the addendum with your publishing agreement and a cover letter to your publisher.

Designed to give journal article authors a quick introduction to key aspects of author's rights and to foster further exploration of this topic though liberal use of relevant references to online documents and links to pertinent Web sites.