Who is the copyright owner of scientific publications?

In recent posts, we’ve discussed a lot about copyright and why it’s important to respect copyright owners’ rights. But who IS the copyright owner of scientific publications and why is it important to know this?

Initial Copyright Ownership

Initially, the copyright owner is the person who creates a work; that is, the “author” of the work is generally the copyright owner. If two or more authors work together to write an article, as is the case with many scientific publications, the authors become joint copyright owners.[i]

An exception to this is when a work is “made for hire.” If you and/or colleagues, as employees, are writing a paper within the scope of your employment, your employer is most likely the copyright owner. Independent contractors’ work can also be considered “made for hire” if there is a written agreement designating their work as such. Authors of works made for hire have significantly less control over how their work is used, distributed, or modified compared to owning the copyright themselves.

Who owns copyright on published articles?

When publishing in traditional subscription journals, publishers usually require authors (or their institutions) to transfer their copyright as a condition of publication. As a result, the publisher becomes the copyright owner with the exclusive rights to reproduce, distribute, modify, and publish the work. “Assigning the copyright to the publisher enables the publisher to:

• Manage the work and make it available to subscribers…
• Oversee any requests for reuse of [the] work.
• Take action if there are any incidents of infringement or plagiarism.”[ii]

This means that, once an article is published in a traditional subscription journal, even the original authors must seek permission to reproduce or distribute their articles or any elements within them, such as figures. Frequently, it means paying a licensing fee to reuse the content which covers a specific and limited time use.

Who owns the copyright of open access articles?

Typically, the author retains the copyright ownership of open access articles. In return for payment of an article processing charge (APC), a fee charged to authors (or their institutions or funders) to cover the publishing costs, including editorial and peer-review system administration, the author retains copyright and often uses a Creative Commons license to dictate how his/her work can be used by others.

Why is it important for users (and authors!) to be able to identify the copyright owner of scientific publications?

There are a number of reasons:

1. Obtaining proper permissions: Corporate users need to know the copyright owner to request and secure appropriate permissions for using, reproducing, or adapting scientific content in their business activities, products, or services. This ensures legal compliance and avoids potential infringement issues.
2. Compliance with licensing terms: Identifying the copyright owner helps corporate users understand and adhere to specific licensing agreements or terms associated with the use of scientific publications. This is crucial for maintaining legal and ethical business practices.
3. Avoiding legal consequences: By knowing the copyright owner and obtaining necessary permissions, corporate users can protect themselves from potential legal action, including costly lawsuits, damages, or reputational harm resulting from copyright infringement.
4. Facilitating proper licensing: For corporations seeking to use copyrighted scientific material extensively, knowing the owner allows for negotiation of appropriate licenses or agreements for specific commercial uses. This is particularly important for companies developing products or services based on scientific research.
5. Respecting intellectual property rights: Understanding who owns the copyright allows corporate users to respect the exclusive rights granted to creators and publishers. This is essential for maintaining ethical standards and fostering positive relationships within the scientific and business communities.

By identifying the copyright owner of scientific publications, corporate users can ensure they are using content legally and ethically, protecting themselves against potential infringement claims, and respecting the rights of creators and copyright holders in their business operations.

[i] Stim R. (2024, July 09). Copyright Ownership: Who Owns What? Stanford Libraries. https://fairuse.stanford.edu/overview/faqs/copyright-ownership/

[ii] Charlesworth Authorship Services. (2024, July 15). Who retains the copyright to a published article?” Charlesworth Authorship Services. https://www.cwauthors.com/article/Who-retains-the-copyright-to-a-published-article