Journal Standard
What are the rights of an author of an article in a professional journal?
When an academic or professional journal publishes an article, what are the rights of the author, assuming there is no payment or fee involved?
Is this determined by copyright law or is there typically a written publishing agreement - a contract - between the author and the journal?
If this is governed by a contract, is there a standard custom for the terms of this agreement?
What rules apply if there is no written agreement? Who owns the copyright and the reprint rights - the journal or the author?
Thanks.
Unless there is a written agreement to the contrary, the author of an article generally owns the copyright to the article. There are exceptions, however, such as work for hire.
There is no such thing as a "standard custom" for ANY contract. Within legal limits, of course, every contract can be customized depending on what the contracting parties want to happen. What may be right for you, may not be right for some.
As a disclaimer, I should say that my answer is generalized based purely on the very limited facts provided. Your post sounds like a real issue for you. If that is the case, then I strongly suggest you speak to your attorney. An attorney will be able to flesh out the relevant facts, some of which you may not be aware.
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