Copyright transfers? (was: STC deadlines)

Subject: Copyright transfers? (was: STC deadlines)
From: Geoff Hart <ghart -at- videotron -dot- ca>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Mon, 26 Jul 2004 17:35:40 -0400


It's worth noting that STC's "requirement to transfer copyright for symposium papers" is neither unusual nor greedy. It is, in fact, the standard practice adopted by most "not for profit" academic publishers (journals in general and STC in this particular case). Since these publishers barely make enough money to cover their costs, they can't afford to pay authors.

Please note that I don't extend the courtesy of this understanding to the for-profit publishers, who by and large are a bunch of monopolistic pirates. But that's another rant.

Because of the way copyright law is interpreted in the U.S., it's far easier for such publishers to ask for a full copyright transfer than to negotiate one-time publication rights or something more complicated. If, for example, the contents of a journal or symposium proceedings will be included in an abstracting journal (e.g., Biology Abstracts) or similar publication (e.g., Current Contents), or is archived at a national library (e.g., Library of Congress), it would be prohibitively difficult to keep contacting the author to ask for permission each time.

I'm not fully convinced of this logic, since a good lawyer (ahem <g>) should be able to write a "permission to publish" agreement in such a way as to leave the copyright in the author's hands without tying the publisher's hands, but since the "all rights" transfer is the standard (and I say this having worked with journals for nearly 20 years), I have to assume that the lawyers know something I don't.

This is a very different situation from the often-piratical practice of newspaper syndicates and magazines, some of whom try to steal every right they can get away with and not pay for it.

The key thing to note here is that STC "will grant a non-exclusive, royalty-free license or will reassign the copyright back to the author" on request. This is more than fair; many commercial publishers will go to just about any length to avoid letting you republish your own work.

If you object to this practice, the simplest solution is to publish your article on your own Web site before you submit it to a conference proceedings or journal, thereby securing copyright to the specific version that you published. In my experience*, most proceedings and journal editors are quite happy to accept "2nd publication rights", or rights to the version of the article they publish. That way, everyone's happy.

* 8 years signing copyright releases for the Canadian federal government and 10 more for my former employer.

Chuck Martin observed: <<And I'll bet this policy keeps many popular and well-known industry writers from presenting at the STC conference.>>

This is indeed true, at least based on the anecdotal evidence that I have heard. But on the other hand, it doesn't stop many exceedingly well known authors (Saul Carliner, for instance) from publishing in journals. The decision comes down to your goals for publishing: if you publish solely for money, you go to paying markets (not non-profits) and try to keep whatever rights you can; if you're publishing as a public good, you keep the right to republish your own material, but don't get paid for publishing. Speaking as someone with more than 250 publication credits, both are satisfying strategies.

--Geoff Hart ghart -at- videotron -dot- ca
(try geoffhart -at- mac -dot- com if you don't get a reply)


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