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Re: Technical paper copyrights
My brother (an intellectual property and copyright lawyer) says that if you let
someone use your image pro bono for a paper that is subsequently copyrighted by
the journal, you have lost the opportunity for compensation for that article.
You still own the rights to your "work of authorship" i.e. your picture for
Sent from my Verizon Wireless BlackBerry
Date: Sun, 13 Mar 2011 19:58:43
To: <firstname.lastname@example.org>; <email@example.com>
Subject: Technical paper copyrights
Some more clarification on paleoart issues.
At least one person -- in a rather overheated manner if you ask me --
claimed that the article copyright required by most technical journals means
any illustrations appearing in the article are then controlled by that
journal, and the original artist can no longer claim to control the
This is errant on many levels. Say and artist as a professional courtesy
lets another scientist use without cost one of their dinosaur images in a
paper, which is then copyrighted by the journal. Does this mean that the artist
has now for no payment given up their rights to their image forever and a
Of course not. Doing so would be unethical -- all the more so since authors
often have to pay to get the papers published rather than the reverse --
and it would make artists rather reluctant to allow their work to appear in
such articles. No academic journal has a system for controlling the rights for
the images published in their pages and collecting royalties and so forth;
they don't have the staff or the interest in doing so. Some of the copyright
explanations for some publications even take the time to point out that
they are not laying permanent claim to illustrations that appear in their
What journal paper copyrights are about is making sure that the author or
someone else does not then take that paper, change the title, maybe tweak and
reorder it, and publish it elsewhere. This does occur, especially in
underdeveloped countries, as a means to increase publication counts.
In any case only a small minority of my restorations including skeletons
have first appeared in technical papers.