Under the exclusive copyright transfer agreement, the licensee (author) gives the licensee the right to temporarily use the work at the level stipulated in the contract, in the quantity set out in the contract, as well as the right to prohibit the use of the work to others. Since a transfer is not a direct sale and there may be many years before the termination and return to the original copyright holder, registering copyright works with the U.S. Copyright Office and registering transfers and terminations can protect you from cancellation or infringement of your copyright. In the field of academic publishing, copyright transfer contracts generally do not involve remuneration or royalties. [4] These agreements are a key element of subscription academic publication[5] and are intended to facilitate the processing of copyright in pure print publishing. [6] In the era of electronic communications, the benefits of copyright transfer contracts have been called into question[7] and, although they remain the norm, open licenses as used in open access publications have been established as alternatives. [8] The situation in which authors own copyright generally requires considerable effort in the form of correspondence and recordings and often results in unnecessary delays. While this may seem trivial for some applications, a good scientific journal, which publishes exciting work, can expect several hundred applications per year; A task of this magnitude can become cumbersome. On the other hand, if the Journal holds the copyright, applications, value judgments and authorizations can be dealt with quickly to the satisfaction of all parties involved. The timing of the transfer of rights process is inherently problematic for several reasons. First, publication means that copyright transfer rights, which are subject to publication conditions, are rarely freely transferred or acquired without printing. [25] Second, it becomes very difficult for an author not to sign a copyright transfer contract because of the association of publications with career advancement (print or loss/print publication) and the time lost should be restarted in the verification and publication process.

There are power dynamics in the game that do not benefit authors and often endanger certain academic freedoms. [26] This may partly explain why authors in the field of scientific research, unlike all other sectors where original creators receive fees or royalties, generally receive no payment from publishers. It also explains why many authors seem to continue to sign their rights when they do not agree with the reasons behind them. [27] If the copyright has been registered with the U.S. Copyright Office, you must also register the transfer to the Copyright Office. The author frees the publisher of any costs, costs or damages, including reasonable legal fees that may be incurred by the publisher or whose publisher may be held liable for a violation of the guarantees covered by paragraph 3 a – d. These assurances and guarantees will be constituted by the termination of this contract and may be extended by the publisher to third parties. 3) the amount of remuneration and/or the procedure for determining the amount of remuneration for each method of use of the work, the procedure and conditions of its payment, as well as other conditions that the parties consider essential to this agreement. Share copyright transfer contracts are available, but you should consult an experienced intellectual property lawyer to ensure that you are fully protected.