Dear All,
I am wondering with regards to below terms and conditions. These are of a recognized open access journal. I would be glad for suggestion(s) on below terms and conditions and what they actually mean?
Is it OK to accept these terms and conditions for publication?
1. I hereby assign and transfer to the (journal name) all exclusive rights of copyright ownership of the above work. This includes, but is not limited to, the right to publish, republish, derivate, distribute, transmit, SELL, or otherwise use the work and other related material worldwide, in whole, or in part, in all languages, in electronic, printed, or any other forms of media, now known or hereafter developed und the right to authorize or license third parties to do any of the above.
2. I understand that these exclusive rights will become the property of the (journal name) from the date the article is accepted for publication. I also understand that the (journal name) as a copyright owner has sole authority to license and permit reproductions or the article.
3. I understand that, except for copyright, other proprietary rights related to the work (e.g. patents or other rights to any process or procedure) shall be retained by the authors.
4. To reproduce any text, figures, tables or illustrations from this article in the future works of their own, the authors must obtain written permission from the (journal name): such permission cannot be unreasonably withheld by the (journal name).
What would you suggest? Are these general terms and conditions of a open access journal? Would you simply accept these for your publication? Or any of these conditions should be negotiated with the journal?
Appreciate your opinions and suggestions!
Hi Zeeshan
looks strange and some clauses are unlikely to be upheld, for example it is impossible in some countries to transfer copyright from the author to a second party. This does not preclude the author granting another party all rights to re-publish etc.
Would I accept these? No, I would publish elsewhere. Of course there is also the option to ignore this (e.g. clause 4) as unreasonable or obtain the permission apriori.
I also do not think there is much room to negotiate, if you do not accept you will not be published by this journal. Considering clause 2 you should ask yourself why let another party earn (financial) reward for work you have done and exclude your own chances/rights for the same?
Open access means it is accessible anyways so overall it does not really make much sense to me on first and second thought.
Best
Roland
I'd very carefully check the following: isn't it the case that the journal offers two different publication modes
1) "usual" publication (without open access fee) when you should sign the copyright transfer agreement
2) the open access publication when you pay the open access fee and the copyright transfer agreement you cite does not apply (while one of the standard open access licences applies instead).
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