Re: SCIENCE TODAY?

On 02/18/99, Michael Seadle <seadle[_at_]mail.lib.msu.edu> wrote:
>
> Can any of the joint authors also transfer (sell) the copyright to (for
> example) a publisher, or must each of them agree? From what I know about
> other forms of joint property, I'd guess that any one of them could sign
> away the rights, but I'm no lawyer. ... I'm referring mainly to US
> law, but I'd also be interested if there were any difference in Canada,
> Australia, or the UK.

I have signed copyright transfer agreements from several different astronomy and physics journals and conference proceedings. The journals have all been U.S. society journals and the conference proceedings U.S., German, and Dutch. Some works were multiple author, others single. The forms request that at least one author sign (as long as that author is not as U.S. gov't employee who wrote the work as part of official work duties) the form as representative to all authors. These forms assign all copyrights to the publisher who then gives back, in some cases, rights to the authors regarding non-exclusive republication rights. An example of such a form can be found at: http://www.aip.org/journal_production/copyright_form.html I have also been an author on several papers where I did not sign the form.

I have heard some comment on the validity of one signing for all, but that is how it is done in the physical sciences at least. Getting all to sign can be difficulty, especially when authors are spread all over the world and you want to publish ASAP. Also, in some cases one or two wrote the paper and another one or two did much of the research but little writing, if any (e.g., I write a computer program that models a situation, run it repeatedly for different initial conditions, and hand the list of numbers to a colleague who interprets them and writes the paper. I read drafts but have nothing to add. Who's the author? He wrote but would have nothing to say without my numbers).

The U.S. Gov't employees add another dimension to it. Their work is not copyrightable. If all authors are U.S. gov't employees, it is simple, the journal simply publishes it (ah, but in some cases they have someone sign so the journal can claim copyright in other countries). However, say two scientists write a paper (say they each actually wrote sections of it) and one is a U.S. gov't employee doing this work as part of her duties and the other is at a university and not a gov't employee. The non-employee is to sign the forms giving copyright to the journal. Hmm, part is copyrightable and part isn't. What actually happens in this case isn't explicitly stated in forms.

I have not heard of any cases brought against journals for this practice, but that isn't to say it is completely correct.

                                          -angela

All comments are my own and do not necessarily represent those of my employer.

Angela Putney, Ph.D.
Physics Management Fellow
American Institute of Physics
One Physics Ellipse
College Park, MD 20740

Phone: 301-209-3135
Fax: 301-209-3133
E-mail: aputney[_at_]aip.org Received on Fri Feb 19 1999 - 15:11:48 GMT