01-08-2018, 09:33 PM | #46 |
Bibliophagist
Posts: 34,557
Karma: 144552660
Join Date: Jul 2010
Location: Vancouver
Device: Kobo Sage, Forma, Clara HD, Lenovo M8 FHD, Paperwhite 4, Tolino epos
|
Correct. The author has no rights to the article as all rights are signed over to the academic journal. Unlike quite a few other areas of publishing where rights are signed over for a limited time, academic articles tend to be signed over permanently.
|
01-08-2018, 09:52 PM | #47 |
Just a Yellow Smiley.
Posts: 19,161
Karma: 83862859
Join Date: Jul 2015
Location: Texas
Device: K4, K5, fire, kobo, galaxy
|
|
01-09-2018, 04:53 PM | #48 | |
Wizard
Posts: 2,459
Karma: 68781975
Join Date: Oct 2012
Location: Arkansas
Device: Paperwhite 4
|
Quote:
It seems more productive to focus on what we can do than on our limitations. Barry |
|
01-09-2018, 11:18 PM | #49 | |
Wizard
Posts: 3,108
Karma: 60231510
Join Date: Nov 2011
Location: Australia
Device: Kobo Aura H2O, Kindle Oasis, Huwei Ascend Mate 7
|
Quote:
@Duckie. As others have answered, this is indeed the situation. Authors in these journals usually sign away all of their rights. Some authors will provide a copy but do so at their peril. Others understandably refuse. It is of course possible for an author to ask for permission from the new rights-owner to provide a free copy to someone, or for an academic to request a free copy directly from the new rights-owner. I wish them luck. Last edited by darryl; 01-09-2018 at 11:36 PM. |
|
01-10-2018, 12:33 AM | #50 | |
Connoisseur
Posts: 63
Karma: 1011094
Join Date: Nov 2017
Location: Massachusetts
Device: Kindle Fire HE 8
|
A potentially interesting quote from a story that has me cautiously optimistic:
https://arstechnica.com/tech-policy/...xtension-push/ Quote:
|
|
01-10-2018, 05:19 PM | #51 |
Grand Sorcerer
Posts: 7,195
Karma: 70314280
Join Date: Dec 2006
Location: Atlanta, GA
Device: iPad Pro, iPad mini, Kobo Aura, Amazon paperwhite, Sony PRS-T2
|
Keep in mind that you are discussing contract law rather than copyright law. The author still holds the copyright on the article. I would not be shocked if someone finally takes them to court and wins. One of the criteria of a valid contract is it can not be one sided, both sides must get something. That is why you see the various court cases where some inventor sells an invention for a penance, then sues (and wins) when the invention makes the company he or she sold it to a fortune.
|
01-10-2018, 07:16 PM | #52 | |
Just a Yellow Smiley.
Posts: 19,161
Karma: 83862859
Join Date: Jul 2015
Location: Texas
Device: K4, K5, fire, kobo, galaxy
|
Quote:
|
|
01-10-2018, 07:43 PM | #53 | |
Wizard
Posts: 3,108
Karma: 60231510
Join Date: Nov 2011
Location: Australia
Device: Kobo Aura H2O, Kindle Oasis, Huwei Ascend Mate 7
|
Quote:
Sometimes an inventor sells something which later proves to be very valuable for a pittance (for which the inventor perhaps later does penance) and then later wins a lawsuit, usually when fraud or some type of colourable conduct is involved. Mostly they lose such cases. Laws governing unfair contracts and unconscionable conduct vary widely among those jurisdictions that have them, and are usually creatures of statute designed to remedy the harshness of the common law. I don't have the knowledge to comment on civil law jurisdictions. Finally, many different journals have different policies. Some journals have relaxed their policies to some extent since those policies have been exposed to the light of day. I will of course refrain from speculating here as to how such policies were so exposed or even commenting on whether this was a good thing. |
|
01-11-2018, 06:00 AM | #54 | |||
Grand Sorcerer
Posts: 7,093
Karma: 63038455
Join Date: Feb 2009
Device: Kobo Glo HD
|
Quote:
Quote:
Quote:
Are you saying this can't be done? |
|||
01-11-2018, 06:36 AM | #55 |
Wizard
Posts: 3,108
Karma: 60231510
Join Date: Nov 2011
Location: Australia
Device: Kobo Aura H2O, Kindle Oasis, Huwei Ascend Mate 7
|
|
01-11-2018, 07:13 AM | #56 | |
The Grand Mouse 高貴的老鼠
Posts: 71,410
Karma: 305065800
Join Date: Jul 2007
Location: Norfolk, England
Device: Kindle Voyage
|
Quote:
It's also possible to have a contract so that the copyright in newly created things belongs to another entity than the creator from the start - most employment contacts have this, so that intellectual property created by an employee belongs to the company employing them. |
|
01-11-2018, 07:21 AM | #57 | |
Grand Sorcerer
Posts: 7,093
Karma: 63038455
Join Date: Feb 2009
Device: Kobo Glo HD
|
Quote:
My question is: beside all the rights associated with the copyright, is the copyright itself transferred? |
|
01-11-2018, 10:55 AM | #58 | |
The Grand Mouse 高貴的老鼠
Posts: 71,410
Karma: 305065800
Join Date: Jul 2007
Location: Norfolk, England
Device: Kindle Voyage
|
Quote:
Except, as I said, you can't extend copyright on something by transferring the copyright to a younger person. |
|
01-11-2018, 01:57 PM | #59 | |
Wizard
Posts: 2,459
Karma: 68781975
Join Date: Oct 2012
Location: Arkansas
Device: Paperwhite 4
|
Quote:
He wanted to re-negotiate but the friend wasn't interested so he took him to court; and lost! The judge said the law says each side has to get something but it doesn't say how much and contract law doesn't prevent someone from making a bad deal. He appealed and he lost again. Barry |
|
01-11-2018, 09:31 PM | #60 | |
Grand Sorcerer
Posts: 7,195
Karma: 70314280
Join Date: Dec 2006
Location: Atlanta, GA
Device: iPad Pro, iPad mini, Kobo Aura, Amazon paperwhite, Sony PRS-T2
|
Quote:
For example, at one time in the US, the author had to do certain things to obtain the copyright and to extend the copyright period. If he didn't, then the work went into public domain, regardless of what the contract said. The contract holder could not extend the copyright, only the copyright holder could. The difference isn't obvious, but it's a difference. |
|
Thread Tools | Search this Thread |
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
Modern day WW3 books? | Ckinsey88 | Reading Recommendations | 7 | 11-30-2012 01:08 AM |
Alexandria, VA Library Now Lending eBooks | MickeyC | Deals and Resources (No Self-Promotion or Affiliate Links) | 2 | 07-05-2011 01:14 AM |
Ancient Library of Alexandria discovered? | Alexander Turcic | Lounge | 0 | 05-13-2004 08:06 AM |