Nature Publisher Requires Authors To Waive "Moral Rights" To Works 82
cranky_chemist (1592441) writes "Megan O'Neil has published a story on the Chronicle of Higher Education's website noting some unusual language in the license agreement between authors and Nature Publishing Group. 'Faculty authors who contract to write for the publisher of Nature, Scientific American, and many other journals should know that they could be signing away more than just the economic rights to their work, according to the director of the Office of Copyright and Scholarly Communication at Duke University. Kevin Smith, the Duke official, said he stumbled across a clause in the Nature Publishing Group's license agreement last week that states that authors waive or agree not to assert "any and all moral rights they may now or in the future hold" related to their work. In the context of scholarly publishing, "moral rights" include the right of the author always to have his or her name associated with the work and the right to have the integrity of the work protected such that it is not changed in a way that could result in reputational harm.'
Nature Publishing Group claims the waivers are required to ensure the journal's ability to publish formal retractions and/or corrections. However, the story further notes that Nature Publishing Group is requiring authors at institutions with open-access policies to sign waivers that exempt their work from such policies."
Nature Publishing Group claims the waivers are required to ensure the journal's ability to publish formal retractions and/or corrections. However, the story further notes that Nature Publishing Group is requiring authors at institutions with open-access policies to sign waivers that exempt their work from such policies."
The publisher's response (Score:5, Informative)
From http://blogs.nature.com/ofsche... [nature.com]
"...NPG’s commitment to open access has been questioned, following our request that authors provide a formal waiver of Duke University’s open access policy. NPG is supportive of open access. We encourage self-archiving, and have done so since we implemented our policy in 2005:
'When a manuscript is accepted for publication in an NPG journal, authors are encouraged to submit the author’s version of the accepted paper (the unedited manuscript) to PubMedCentral or other appropriate funding body’s archive, for public release six months after publication. In addition, authors are encouraged to archive this version of the manuscript in their institution’s repositories and, if they wish, on their personal websites, also six months after the original publication. ' ...
We are requesting waivers from Duke University authors, because of the grant of rights asserted in its open access policy: 'In legal terms, each Faculty member grants to Duke University a non-exclusive, irrevocable, royalty-free, worldwide license to exercise any and all rights under copyright relating to each of his or her scholarly articles, in any medium, and to authorize others to do so, provided that the articles are not sold. The Duke faculty author remains the copyright owner unless that author chooses to transfer the copyright to a publisher.'
If we do not request a waiver, the general language of this policy means that Duke University has the rights not only to archive the manuscript in Dukespace, but also to distribute and publish to the world at large the final version of a subscription article freely, in any medium, immediately on publication. We started requesting waivers recently, following an enquiry from a Duke University author." [emphasis added]
Since the issue seems to be about publishing in the open immediately vs. waiting 6 months, asking for a waiver of all moral rights seems like using a cannon to swat a fly.
Reply from the Nature Group (Score:5, Informative)
Re:There are many journals (Score:5, Informative)
Actually moral rights [wikipedia.org] are concerned with primarily three things, the first two of which are *very* relevant to academia, and the last of which is particularly important politically:
Attribution - no stripping of the author's credit, and
Integrity - no rewriting the article and leaving the original authors name on it
Anonymity - the right to publish a work anonymously or pseudonymously