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Academic publishers fall broadly into two categories: subscription and open access, which take different approaches to copyright. [1] Subscription publishers typically require transfer of copyright ownership from the authors to the publisher, with the publisher monetising articles behind paywalls.
The copyright law of the United States grants monopoly protection for "original works of authorship". [1] [2] With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These ...
American Geophysical Union v. Texaco, Inc., 60 F.3d 913, [1] was a 1995 U.S. copyright case holding that a private, for-profit corporate library could not rely on fair use in systematically making copies of articles in academic journals for its employees. [2]
In academic publishing, copyright transfer agreements do not normally involve the payment of remuneration or royalties. [4] Such agreements are a key element of subscription-based academic publishing, [5] and have been said to facilitate the handling of copyright-based permissions in print-only publishing. [6]
The open access movement is motivated by the problems of social inequality caused by restricting access to academic research, which favor large and wealthy institutions with the financial means to purchase access to many journals, as well as the economic challenges and perceived unsustainability of academic publishing. [122] [126]
The interplay of copyright law and competition law is increasingly important in the digital world, as most countries' laws allow private contracts to over-ride copyright law. Given that copyright law creates a legally sanctioned monopoly, balanced by "limitations and exceptions" that allow access without the permission of the copyright holder ...
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In the United States Code, Title 17 outlines its copyright law. [1] It was codified into positive law on July 30, 1947. [ 2 ] The latest version is from December 2016.