Skip to Main Content
     

Guide to: Author's Rights: Knowing Your Rights

Once an article is accepted for publication, the author is asked to sign a standard agreement that most often transfers rights from the copyright owner (you) to the publisher.  It is important to know what rights you have, what rights you may be giving up, what rights you need and that it is possible to transfer copyright while still retaining some rights for yourself, and others as well.

U.S. Copyright Law

Title 17 of the U.S. Code is where you will find copyright law.  

Contacts

For Questions about Open Access and Publishing

Dr. Mark Shelton
Director of Libraries
mshelton@holycross.edu | x3372

For Questions about CrossWorks

Digital Archives Team

Lenora Robinson, Digital Initiatives Archivist
Rachel Green, Digital Collections Specialist
crossworks@holycross.edu | x3509

For Questions about this Guide

Abby Stambach
Head of Archives & Distinctive Collections
astambac@holycross.edu | x2506

Copyright Basics

Copyright protection is afforded as soon as a work has been fixed in a tangible medium, such as when a written work is printed or stored on a computer.  Registration is not required.

Copyright grants authors the exclusive right to:

  • Reproduce the work (print, photocopy, publish, etc.)
  • Distribute ( publish, sell, give away, etc.)
  • Create a derivative work (translation)
  • Perform the work publicly (play, concert, etc.)
  • Display the work publicly (post on Internet, etc.)
  • proper attribution and integrity (additional rights granted to authors of visual works)

This means you can also:

  • Authorize others to exercise any of these rights
  • Reuse your work in teaching, research, future publications and other professional activities
  • Self-archive your work

Know Your Rights as the Author

The author is the copyright holder.

 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.

Assigning your rights matters.

Normally, the copyright holder possesses the exclusive rights of reproduction, distribution, public performance, public display, and modification of the original work. An author who has transferred copyright without retaining these rights must ask permission unless the use is one of the statutory exemptions in copyright law, such as Fair Use.

The copyright holder controls 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 not be able to place the work on course Web sites, copy it for students or colleagues, deposit the work in a public online archive, or reuse portions in a subsequent work. That’s why it is important to retain the rights you need.

Transferring copyright doesn’t have to be all or nothing. 

The law allows you to transfer copyright while holding back rights for yourself and others. This is the compromise that the SPARC Author Addendum helps you to achieve.

Why retain your rights?

  • Transferring copyright to the publisher often creates significant barriers for authors who wish to reuse or share their work, or allow others to use it.
  • Contracts may restrict the dissemination of one’s scholarship by preventing authors from making and distributing copies, posting on personal websites or in digital archives, or using for electronic course reserves.
  • Funding agencies may request or require that work created with their funds be made available openly on the web.
  • Author’s institution may have an open access policy or mandate.

Therefore, authors should carefully read and fully understand the contracts they sign.  Consider currents needs and future uses of the work.  Retain the rights to accommodate those needs by negotiating your publishing agreement.