This section provides information on author rights and related resources to assist authors with management of their rights.
Copyright law gives an author of a work a bundle of exclusive rights to do and authorize others to do the following with the work:
Under the traditional academic publication model an author typically transfers all copyright interests to a publisher. If authors relinquish all their copyright interests to the publisher, the author loses the ability to use his or her own work without permission from the publisher. Because of advances in digital technology, many publishers offer authors options for management of their copyright with flexible use conditions that meet the needs of both parties. Authors no longer have to transfer all their rights in a single bundle in exchange for publication. The WU IP Policy is the mechanism through which works created by University constituents may be be made available for public use. It allocates rights, specifies obligations, and outlines steps for compliance. These pages primarily address copyright, and not other rights that a creator may possess. For example, an article in the natural or physical sciences may disclose a patentable invention or other discovery. If the author does not file a patent application within one year of publishing the article that discloses the invention, then the author will not be able to obtain a patent on the invention. If you think an article you are writing might disclose a patentable invention, contact the Office of Technology Management. OTM facilitates the transfer of inventions and discoveries to private companies for the benefit of society while generating income to support research and education. Further Resources:
< BACK What Rights Should Authors Retain?Many journals allow authors to self-archive their work. Use the SHERPA/RoMEO directory to help locate a self-archiving policy by journal title. Authors are encouraged to anticipate their future use of the work and retain any or all of the rights they may need to achieve their academic and professional goals. Authors may want to retain rights to do the following:
< BACK How To Negotiate and Retain RightsFirst, it is important to determine what rights you want to retain to accomplish your academic and professional goals.
Second, review the publishing agreement presented by the publisher to determine the rights the publisher is seeking from the author. Publishers often use very broad and expansive language to accomplish a transfer of copyright interests. You may need to negotiate with the publisher to assure that your intended future use of the work is permissible under the publishing agreement. Publishers often post copyright policies on the internet; however, be sure that the agreement expressly states the rights you seek to retain. A policy is not a binding agreement and can be changed at the discretion of the publisher. In many cases, the publisher or the Editor-in-Chief support the author’s future intended use and are willing to negotiate author’s rights. There are several methods to negotiate the terms of a publishing agreement.
Any changes made directly on the form agreement must include the initials of the author and the initials of an authorized representative of the publisher, which are placed immediately adjacent to the handwritten or typewritten change. Any changes made and initialed by the author will have no legal effect without the approval of the publisher. < BACK How to Locate Publisher Copyright Policies
Publishers’ copyright polices are often located on the publishers’ web sites under “Instructions for Authors” or “Copyright Information.” Many publishers provide detailed information for authors as to what uses are permitted under the publisher’s copyright policy for a given journal. Keep in mind that some publishers have not updated their copyright agreement forms to correspond with the information posted on its web site. Authors are encouraged to carefully review the publisher copyright agreement before signing to confirm that the anticipated uses and rights or the rights retained by the author are expressly stated on the agreement form. If not, authors should seek clarification from the publisher before signing and seek a revision of the agreement. Publishers may send a new copyright agreement form or send an addendum. If there is no information available on the publisher copyright agreement form or on the publisher’s web site, contact the publisher or Editor-in-Chief of the journal to seek clarification. In many instances, publishers have not updated their web site content or the publisher copyright agreement form but are amenable to changes to the agreement to clarify the relative rights of each party. If the publisher is unwilling to work with you, consider locating an alternative publisher that would be willing to negotiate the terms of the copyright. < BACK Addenda for AuthorsAn addendum is an attachment to a contract or form that modifies, clarifies, or adds to the contract. There are a variety of addenda available for authors to use to retain rights that are not explicitly stated on the publisher copyright agreement form. If authors attach an addendum, add the statement “Subject to Attached Addendum” next to your signature on the publisher copyright agreement form. Examples of Author Addenda:
< BACK What Should Authors Do if a Publisher Does Not Accept an Addendum?There are several options if a publisher does not accept an author’s addendum.
< BACK Becker Library and Washington University Libraries Services in Support of Author Rights
NOTE: The Office of the Vice Chancellor and General Counsel (OGC) manages the legal affairs of Washington University in St. Louis. Libraries staff offer general information but do not provide legal advice specific to your situation. What are exclusive legal rights of firms to use specific names brands and designs to differentiate their products from others?A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand. Trademarks are generally considered a form of intellectual property and may or may not be registered.
Are exclusive legal rights of firms to use specific?Exclusive legal rights of firms to use specific names, brands and designs to differentiate their products from others.
Are defined as rights associated with the ownership of intellectual property?Intellectual property rights (IPRs) are rights associated with the ownership of intellectual property. IPRs primarily include rights associated with (1) patents, (2) copyrights, and (3) trademarks.
Which of the following would be considered an example of formal institutions?Formal institutions: The United States Congress, housed in the Capitol Building, is one example of a formal institution.
|