Navigating Legal Scholarship: Author Rights

Understanding copyright and the implications of assigning rights is crucial for any creator, as it establishes control over their work and outlines the nuances of ownership transfer.

• The author is the copyright holder.
• Assigning your rights matters.
• The copyright holder controls the work.
• The transfer of copyright does not necessarily require a comprehensive, all-or-nothing approach.

UIC has a Open Access Mandate for most articles published by full-time faculty. For more information, check the UI Open Access Policy.

When you opt to publish an article in a peer-reviewed journal, it's important to understand that you retain full ownership of the copyrights associated with that article. This principle holds true even when you choose to publish in an open access journal, which allows for greater public access while still preserving your rights as the author. 

Conversely, if you decide to publish in a traditional subscription-based journal, be prepared to navigate a more complex process. In this scenario, you will be required to sign a copyright transfer agreement, which typically involves transferring some or all of your copyright to the publisher. This transfer can significantly impact how your work is used and shared in the future.

However, signing a copyright transfer form does not have to signify a complete relinquishment of your rights. Many publishers allow authors to specify which rights they wish to retain and which they are willing to grant to the publisher. This negotiation process is crucial, as it enables you to make informed decisions regarding your work’s distribution and use.

To empower yourself with knowledge about your rights as an author, consider utilizing the resources provided by the Scholarly Publishing and Academic Resources Coalition (SPARC). They offer a wealth of comprehensive materials designed to help you navigate copyright issues and effectively manage your publishing rights. By understanding your rights and the available tools, you can make more strategic choices regarding the journals to which you submit your work, ensuring that your research reaches the audience it deserves while still protecting your intellectual property.

There are varied options to retain rights, including the following.

• Many law reviews are increasingly opting to transfer a right of first publication to publishers rather than directly transferring copyright.
• SPARC provides important information on modifying a publisher’s agreement to allow retention of key rights to your articles.
• The Big Ten Academic Alliance Statement on Publishing Agreements emphasizes the importance of equitable and transparent publishing practices that advance scholarly communication and ensure broad access to research outputs.