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Revolution in academia: Copyright and open access

(updated 1-29-17, 3-5-16, 3-19-16)
In academia a wide-ranging discussion about open access is weakening academic journals' monopoly on profiting from publishing research findings. Different interest groups view this differently, of course. Meanwhile, as the publishing landscape changes, are academic authors, who have long abandoned claims to copyright on many of their scholarly articles (in the "public or perish" world of university faculty-making), less docile about publishing rights, with tenured faculty positions scarcer and scarcer? This round-up of relevant pieces starts with

Elsevier Mutiny: Cracks Are Widening in the Fortress of Academic Publishing (Mathew Ingram, Forbes, 11-2-15) "All six editors and the entire editorial board of the well-respected linguistics journal Lingua have resigned to protest the company’s failure to embrace open access.  Read More 
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The Authors Guild Fair Contract Initiative

Updated 5-3-19. Book Authors: Study the contract alerts the Authors Guild has spelled out in its Fair Contract Initiative (Eight Principles of Fair Contracts became more than that!). The main contract issues are spelled out briefly below, with links to the full Authors Guild argument on each issue.
Advances Should Remain Advances (3-16-15)
The Authors Guild Fair Contract Initiative: A Preview (AG, 6-17-15)
Authors, Keep Your Copyrights--You Earned Them (AG 8-13-15) Most trade publishers do not ask for an outright assignment of all exclusive rights under copyright; their contracts usually call for copyright to be in the author's name. It's another story in the world of university presses.
Claiming the Royalties You Deserve (AG, 2-26-18)
Delete the Non-Compete (AG 8-27-15)
End the Discount Double-Cross (AG, 11-15-16) Publishers routinely use contract provisions to slash authors’ royalties to mere pennies per copy sold. So-called “deep discount” clauses stipulate that a publisher’s sale at a discount of over 55%, for example (a number that appears to be the new standard), the author’s royalty suddenly drops from, say, 15% of list price to 15% of the far smaller amount the publisher actually receives. With a clause like this in effect, why would any rational publisher maintain a higher wholesale price when a lower one would deliver 25% more to its bottom line—entirely at the author’s expense?...The documented decline in authors’ incomes stems in part from these unconscionable reductions in royalty payments. Scroll down on Authors Guild page for what you (or your agent) should hold out for on a book contract.<
Graffiti Artists Have Moral Rights (AG, 3-2-18)
Half of Net Proceeds Is the Fair Royalty Rate for E-Books (7-9-15) See Checking In on the Digital Royalty Debate (Rachel Deahl, PW, 12-6-13) "By finding ways to keep their top authors in-house without raising the e-book royalty rate above 25%, the big houses have, in effect, killed the debate. And this comes at a time when most publishers’ profits have improved because of e-books. Richard Curtis, a literary agent and founder of the e-book publisher E-Reads, repeated an oft-said refrain when he noted that “the 25% [e-book royalty] rate has been the chief cause of publishers’ return to prosperity.” Argue for 50%, not 25%, on ebook royalties.
A Manuscript’s Acceptability Should Not Be a Matter of Whim, (2-24-16) Avoid fuzzy-wuzzy contract wording that allows easy rejection of a manuscript--certainly not if it means the author must return the advance. At the very least the author should have a chance to revise to editorial specifications. If the publisher isn't sure it will like a book once it's delivered, it should consider an option agreement.
Option Clauses Shouldn't Hold Authors Hostage (AG, 9-23-15)
• Publishers’ Payment and Accounting Practices Need to Keep Up with the Times,
A Publishing Contract Should Not Be Forever (7-8-15)
Stop Forcing Authors to Take Unlimited Financial Risks: Warranty and Indemnification Clauses (AG, 12-18-15)
Controlled Digital Lending Is Neither Controlled nor Legal. (AG 1-8-19) (Authors Guild, 6-17-15)

The Authors Guild Fair Contract Initiative: A Preview  Read More 

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