That section (f) is assuming the Author is the owner of the illustration. I do not see a policy that covers works purchased for limited reuse. It seems likely the Journal expects all images to have been created, or fully owned, by the authors, as they are usually part of the research. Unless you can find a policy that specifically addresses the use of third party generated illustrations, you better plan on a full rights transfer.

However, I also do not see a policy that discusses the reuse of JUST the illustrations from an article. So I am not sure they are concerned about reuse of individual images that are owned by a third party.  Their policies seem to address the use of the document as a whole.

I would tell your authors you can do it at the original price if they can straighten out the permission/ownership issues with the Journal, or do it for double the amount if they want/need to give Blood full ownership.

My guess is that Blood expects to have unfettered rights to do what ever it wants with the image and give permissions to anyone it wants to reuse it.  That is what I would want if I had a journal and wanted to not have to keep track of permissions. But that is a bit different from a full transfer of rights.  They might be amenable to you being able to do whatever you want with it as well, but the value of your rights would be significantly less, since Blood seems to be looking for credit, not money when permission is requested. And they likely feel the prestige of publishing in Blood is reason enough for authors to do whatever it takes to get clean copyright to transfer to them. Seems this is this is best approached as work for hire, just accept it and charge accordingly.

Britt


On 3/1/10 11:29 AM, Frank Ippolito wrote:
> mieke,
> 
> I have never heard of such a journal requiring the artist to give up all 
> copyright. in this case you are reacting to /author guidelines/ not 
> /illustrator guidelines/. the following section (f) covers illustrations 
> use. but this assumes the author has dealt secured illustration 
> copyrights separately:
> 
> "The authors retain the following nonexclusive copyrights, to be 
> exercised only after the Work has been published in final format in the 
> print version of /Blood/.
> 
> (a) Reprint the Work in print collections of the author's own writing.
> (b) Present the Work orally in its entirety.
> (c) Use the Work in theses and/or dissertations.
> (d) Reproduce the Work for use in courses the author is teaching. (If 
> the author is employed by an academic institution, that institution may 
> also reproduce the Work for course teaching.)
> (e) Distribute photocopies of the Work to colleagues, but only for 
> non-commercial purposes.
> (f) Reuse figures and tables created by the author in future works the 
> author writes.
> (g) Post a copy of the Work on the author's personal website, 
> departmental website and/or the university's intranet, provided a 
> hyperlink to the Work on the /Blood/ website is included."
> 
> section (f) does not assign copyright to the author but reserves that 
> right for he or she, if the author already owns it. otherwise it seems 
> that the artist retains the right to use those figures separately in any 
> context not associated with reprinting the article (?).
> 
> -frank


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