AARL

Copyright: the ideal framework for editors of scholarly journals

Patricia Layzell Ward

Abstract: This paper discusses the concerns and issues that surround copyright and scholarly journals in the discipline of librarianship and information science as they affect editors, and describes the policies and practices of a major international publisher.

Copyright is a challenging issue for both the editors and the contributors of papers to academic journals - and a feeling of becoming Janus descends as thoughts are marshalled for this paper, since editors are frequently also authors themselves.

The challenge has been heightened by the questions raised as a result of major change in the nature of publishing. Many have taken place during the past decade. Changes in the academic community also have to be taken into account since individual academics and their departments can gain considerable benefits if the output of research publications is high, both in qualitative and quantitative terms. This paper focuses on questions concerning copyright at mid-2002 from the perspective of an editor. It is a fast moving field and any one of the issues noted above might have changed yet again by the time this paper appears in print.

Whilst there have been a number of articles in the literature of information and library science which consider copyright from the author's point of view, less attention seems to have been paid to the editor's viewpoint. The question of the author's copyright rights and separate compensation for electronic copies of their work was tested out in the United States in the case of New York Times Co Inc versus Tasini, and in Canada in the case of Robertson and the Thomson Corporation. [1] In both cases it was ruled that the copyright was owned by the authors and that it did not include permission for the electronic reproduction of their works in any kind of database with, or without, compensation. The verdict in the Tasini case was widely reported in the professional press around the world, and authors became aware of how the situation might have changed as a result of electronic publishing.

Seadle, however, has discussed the moral right of authors, notably attribution and integrity and indicated that this 'represents one of the last areas where US copyright law fundamentally diverges from that of its major trading partners and from its major digital and networking collaborators... the divergence represents a philosophical clash between the Anglo-US tradition, with its strict economic emphasis, and the natural rights basis of continental European law...'. [2]

Davies has described the development of copyright licensing from its origins in photocopying, to the introduction of licenses for electronic copying. [3] Copyright and the concerns of authors in signing over rights to electronic formats and the benefits gained by authors were noted by Hajdukiewicz describing the publisher's view of the critical issues facing LIS publishers. [4] Looking to the future, Harnad considers that the peer-reviewed scholarly journal will eventually be replaced by self-archiving, suggesting that authors should transfer to their publishers the right to sell their papers in paper or electronic formats, but to retain the right to self-archive to make them freely available. [5]

The editorial context

In the younger professions of which librarianship and information science are examples, the editors of the scholarly journals are generally practitioners or academics who take on the role of editor. They bring their professional knowledge and experience to the task and develop their editorial knowledge and skills 'on-the-job'. The degree of guidance they receive about copyright depends on how their journal is published. This is generally through one of three channels - by a professional association, a commercial publisher, or by an individual as an e-journal.

In the case of most journals published by a professional association the editor organises the review process, prepares an issue of the journal, passes the copy directly to the printer, and sees the journal through the press. In some instances the professional body takes care of production and deals with the printer and distributor. In the first example the editor handles all copyright issues, and in the second the professional body assumes this task. Out of interest the case of AARL was examined. No comment about copyright was provided on the journal's web page, beyond referral to ALIA's policy. When consulting ALIA's webpage on this topic it was found that 'copyright over conference papers and other 'non-ALIA' material accessed via this site is generally vested in the paper's author(s), unless otherwise indicated'. []

The editor of a journal produced by a commercial publisher generally has back up from a managing editor and works within a framework of policies and practices developed by the parent organisation. Copyright is managed from within the organisation. Policies and practices change, as necessary, to reflect developments in the law or publishing. This is examined in more detail below.

The practice concerning copyright and journals published only as e-journals varies. The copyright policies of two popular, but different types of publications were examined. The first is Information Research,[7] a 'free international scholarly journal dedicated to making freely available the results of research across a wide range of information-seeking disciplines'. It publishes refereed and working papers, the former being submitted to a formal peer review process, and the latter being reviewed by the editors. The authors retain copyright of papers; 'so that they may be used in any way the author wishes... persons or publishers wishing to download a paper for whatever use (other than personal study) must contact the author for permission'. 'It is assumed that, when an author submits a paper to Information Research, he or she is the legal copyright holder and no other claim to copyright exists'. Free Pint is a different type of e-publication serving the information sector since it is a current awareness service carrying tips and techniques, a feature article, 'My Favourite Tipple', and a new books section. Its site notes that 'We are only looking to publish original material that hasn't been published elsewhere and that doesn't break copyright. The publishers reserve the right to edit articles'. [8]

Changes in publishing and the benefits that have accrued to authors

Authors became more sensitive to copyright issues as the scholarly journals started to be published in both paper and electronic formats, and publishers marketed databases. The licensing arrangements for access to the journals and the purchasing arrangements created an awareness of the large sums of money involved in subscriptions. At the heart of the system was the author - and what were the benefits to be gained by the author? Questions started to be raised, and copyright grew more complex - authors were aware that their work had an enhanced monetary value.

Some benefits emerged for authors, but which raised sensitive issues. These are becoming more important; one example is the wider recognition that can be an outcome from publication in electronic format. For the author working in an academic institution there is often strong pressure to publish in an 'international' journal in order to gain academic recognition, a wider dissemination of their research, and increase the possibility of their promotion. This is especially important for authors working in those countries that do not have a well-developed professional press. At the same time in countries that do have a well-developed structure to the professional press, such as Australia or South Africa, there is sometimes a dilemma. This revolves around the question of whether to publish in a national journal and support the local professional press, or submit a paper to an international journal and gain wider recognition. These benefits are increased for authors if their paper is placed with a journal that is available in both print and electronic formats.

In terms of the electronic format much wider dissemination is achieved through licensing agreements with major consortia. The writer edits Library Management, a journal noted for the very high subscription rate for print copies, which has a distribution in the hundreds. In its electronic format the journal received 146,038 hits in the period March 2001-2002 from 126 countries - the top countries being the UK, Australia, Malaysia and US. This level of exposure for authors of papers published in Library Management would not have been possible five years ago. So an author gains increased recognition.

Another major benefit has emerged in those countries where governments reward academics and/or their departments on the basis of the quality and quantity of their research output. This is measured by the perceived quality of the journals in which the papers appear. In the past a research output generally had only an impact on the author's potential for promotion: now the impact may be on the funding available to the Department. This is the case in the UK where a Research Assessment Exercise employs a peer review process to determine the score of a Department, and the higher the score, the greater the element of additional funding gained for research. This in turn can be invested in more research.

Editor's concerns

The integrity of the author

The major concern relates to the moral rights of copyright. At the basic level there can arise the question as to whether the paper is the work of the named author, or might there have been plagiarism? For an international journal where the work of authors from other countries may be unknown to the editor, then this can be tested by the paper being refereed by a known person from the country of origin. The peer review process has a vital role to play in confirming that a paper is the work of the named author. However, in the experience of this editor, plagiarism is a rare problem.

A more difficult question to resolve can emerge from a paper co-authored by an academic and a research student. (Perhaps this sensitivity comes from a bad experience in the past when a certain professor claimed joint-authorship on research papers prepared in their Department, but which sometimes they might not even have read.)

With pressures to publish there is now more evidence of papers being 'salamied' - the outcomes of a research project are 'sliced-up' to produce a number of papers. The author(s) may offer 'different' papers simultaneously to several journals which are accepted in good faith. The editor realises what has happened when the papers appear at the same time in several journals. Now if this is done skilfully, the papers will be different, but sometimes this editor's heart has sunk on scanning current issues of other UK professional journals.

There is a further issue, of lesser importance, but of concern to editors and reviewers. This centres on the extent to which authors of academic papers take into account research and developments in practice in other countries, relevant to the topic on which they are writing. An analysis of citations in the US professional press indicates that researchers do not always read widely outside their national journals. Even more striking in English language journals is the lack of citation to journals published in other than the English language. It is perhaps ironic that at a time of increased globalisation, much of the literature is becoming more narrowly focussed.

A strong peer review process can identify these weaknesses and assist the editor make a decision to publish - or not.

The integrity of the publisher

The publisher also has responsibilities. Papers should be edited and presented to a high standard, but without affecting the content of the paper. There is a danger that an editor can take away the moral authority of the author. Editors and publishers have a duty have to ensure that the writing remains the product of the author but the language may be capable of improvement, tables and diagrams can be enhanced, citations checked - all can make a difference to the final output. The physical appearance of the printed journal and design of an electronic database can all encourage use.

Ensuring the widest possible dissemination for the journal available in an electronic format, requires that attention be paid to the design of the database and questions of recall and relevance which enables an author's paper to be readily retrieved from the database.

Having agreed to publish a paper then the publishing schedule must be adhered to.

Commercial publishers exist to make a profit. From those profits there should be benefits that can accrue to authors, for example, competitive research or travel grants, or awards for 'paper of the year'. And there is nothing like the buzz that an author feels when their work appears in print, or is located in a database.

Most commercial publishers have built up their sales teams and regional agents in recent years. Having an effective team of editor, publisher and marketing staff ensures the widest possible access to papers.

The questions that authors ask editors

The most frequently asked questions of editors are - will you consider the paper for publication, and, if it is accepted, how soon will it be published? The first part can be answered when the paper has been refereed - and e-mail has greatly speeded up this process. The second part depends on the frequency of publication and space available. Editors work to get papers into print as speedily as they can and so put pressure on the publisher to ensure that the maximum amount of space is available.

In my experience no author has asked about exposure, and very few question copyright. But those who do want to know:

• what they are required to sign up front
• what the agreement means
• whether it can be questioned, and
• how helpful would the publisher be if the paper were to be reproduced elsewhere?

Emerald's approach to copyright

Emerald, perhaps better known by the name of its parent company, MCB University Press, has extensive experience of copyright issues, and as an editor I work within their framework that provides protection for the author, editor and publisher. It works well. The company makes detailed information available on its website (www.emeraldinsight.com) about its policies in general, and the services it provides for authors. The copyright policy is managed by a senior team, and is reviewed and agreed annually by the Board of Directors following regular industry consultation and advice. [9]

The basic principle is that copyright protects the interests of those who create, and invest in creativity. It recognises that the creator of an original work is the prime owner of intellectual property. Emerald does not restrict author's rights to re-use their own work, and authors are not required to seek permission with regard to their own work.

Each author who has a paper accepted is required to complete a form which is downloaded from the Emerald website, or sent electronically or by snail mail to the author by the editor. It has to be signed and returned by snail mail. A real signature is currently required. The editor transmits this form to the publisher with the copy for the issue in which the paper will appear. No paper enters the publishing system unless a signed form has been lodged at the publisher's office. The form states Emerald's principles on copyright. The principles benefit authors since the company can:

• develop electronic publications and ensure maximum dissemination of the author's work
• protect the author's moral rights and their work from plagiarism, unlawful copying and any other infringement of copyright
• recoup copyright fees and invest them in research grants or awards and new initiatives. The company recoups copyright fees from Reproduction Rights Organisations to reinvest in new initiatives and author/user services. It will provide a research/grant award of 25% of copyright fee revenue up to £25 000 per annum to its author community. Emerald is registered with the UK's Copyright Licensing Agency and the Copyright Clearance Center in the US, and
• provide an efficient service for permissions.

In signing the form the author assigns worldwide copyright of their paper in all forms of media to the publisher, understanding that the publisher will act on their behalf to distribute etc. and authorise other reputable third parties to do so to ensure maximum dissemination. The author also understands that permission is not required to reproduce, republish or distribute copies of the work in whole or in part.

The author warrants that the work has not been published before, does not contain any unlawful statement, and does infringe any existing copyright. Any necessary permission has been obtained to reproduce any material where the author of the paper does not hold the copyright - and permission documents are required. They assert their moral rights to be identified as the author(s) of the work, and acknowledge that Emerald will ensure 'fair and faithful representation of my/our work in all media and will take the necessary steps to protect the Work from unlawful copying'.

The company is also helpful if the author wishes to distribute the paper by other means. For example, the writer prepares an annual review of the literature of management and of the management of information and library services which appears in Library Management and a .pdf copy is sent on publication for placing on websites devoted to a textbook. Another recent example has been the supply of a .pdf copy to an author for reproduction in a staff journal.

Since Emerald has sales staff around the world and maintains close contact with the local market this helps to ensure that unlawful copying does not take place.

The company has developed an Author's Charter and Literati Club that provides information and advice to prospective authors. [10] Toledano addresses author's concerns in an article about the company's copyright policy. [11]

Conclusion

The MCB policies and practices seem to be the most developed amongst the LIS journal publishers. They provide information and guidance for editors and prospective authors by:

• their transparency and availability on the Emerald website
• giving the author a clear indication of what they are signing and the protection offered before the final submission of a paper
• returning a proportion of the copyright fees obtained by the company to authors via research grants
• providing protection for the editor and publisher
• asserting the moral rights of authors
• subjecting the copyright policies and practices to an annual review, and
• ensuring the maximum potential dissemination of scholarly papers.

Both authors and editors need protection within the framework of a supportive professional and academic community. The questions of copyright become more complex as a result of developments in technology and the 'publish or perish' culture in academic communities. Scholarly communication can flourish in a framework of trust, and that framework consists of the author, editor, reviewers and publishers. Each is dependent upon the other.

Notes

• C Ebbinghouse 'Tasini Case Final Decision: Authors Win' Information Today vol 18 no8 2001 p26; G Dykstra 'Canadian Court Rules in Favor of Freelance Authors' Information Today vol 18 no10 2001 pp1, 62
• M Seadle 'Copyright in the Networked World: Moral Rights' Library Hi Tech vol 20 no1 2002 pp124-127
• J Davies 'Publishers and Copyright Licensing' Interlending & Document Supply vol 27 no2 1999 pp60-64
• L Hajdukiewicz 'Critical Issues facing ILS Journals: A Publisher's View' IFLA Journal vol 25 no1 1999 pp16-18
• S Harnad 'Free at Last: The Future of Peer-Reviewed Journals' D-Lib Magazine vol 5 no12 1999 http://www.dlib.org/dlib/december99/12harnad.html [19 May 2002]
• Copyright notice Information Research Copyright Policy http://informationr.net/ir/copyright.html [19 May 2002]
• Free Pint Home/Authors http://www.freepint.com/author.htm [19 May 2002]
• Emerald Copyright, Reprints & Permissions http://www.emeraldinsight.com/copyright/policy.htm [19 May 2002]
• Emerald Author's Charter http://www.emeraldinsight.com/charter/ [19 May 2002]
• K Toledano 'Addressing Author's Concerns: An Article about MCB's Copyright Policy' http://www.emeraldinsight.com/copyright/concerns.htm [19 May 2002]

Professor Patricia Layzell Ward, editor, Library Management. E-mail: layzellward@celtic.co.uk.nospam (please remove the '.nospam' from the address).