I assume an artist has to be very proactive about reminding the author to
send the author/artist
agreement to the Journal when less than full copyright is in the work
agreement? Do Journals just
assume if the author signs over full copyright, that means the art as
well. It just seems like
policing this stuff would be nearly impossible; and that trying to clean
up the mess afterward is a
good way to never work for those authors again.
On 1/26/15 11:05 PM, Jim Perkins wrote:
This is good advice. In fact, many journals these days demand full
copyright to all submissions,
including the author's text and all accompanying artwork. As Nicolle
said, the authors gladly sign
these agreements since they see it as a necessary condition for getting
their work published. They
may not realize (or care) that it violates the terms of their agreement
with the artist.
Many illustrators have had success negotiating with the journals to
accept something less than a
full transfer of copyright. At a minimum, however, most journals are
going to insist on one-tiome
print rights PLUS a limited use license in perpetuity. That's because
most journals now offer an
online, archived edition and they want to be able to use the artwork in
the online version long
after the printed version is published. This would prevent you form
putting any kind of time limit
on the usage.
I think your best bet is to grant them:
1. One-time print rights for a single printed edition of the journal.
2. Non-exclusive rights to use the artwork in an online or electronic
archive version, /but only in
the context of the original printed article/. In other words, they can
only use the artwork as it
appears in that one printed article. This prevents them from
repurposing the art for other articles
or adding it to their clip-art collection.
Since you're granting them a non-exclusive, limited license, you keep
the copyright and can use the
artwork for anything else you want, but it satisfies the needs of the
journal at the same time.
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