Introduction

Background

Editors aspire to have the journals they edit recognized as world-renowned academic publications. Various tips have been proposed to achieve this goal [1], but the most fundamental way is to publish high-quality papers that are widely cited by researchers.

To increase the likelihood of being cited by multiple researchers, journal papers must be widely available. Therefore, the language of publication and online accessibility are crucial factors for globalizing a journal [2]. This is supported by the growing popularity of open access (OA) journals published in English. This article uses the term “OA journal” to refer to a journal that is freely accessible. Notably, the fields of science and engineering exhibit a higher demand for OA journals than other disciplines, such as the humanities, social sciences, sports, and the arts [3].

To achieve renown, an academic journal must be more than just OA and published in English; above all, a steady stream of high-quality papers must be submitted to the journal. Well-established academic journals often enjoy a virtuous cycle of recognition and submission, but for editors of journals still in the growth phase, this presents a significant challenge.

There are numerous strategies for attracting authors, which include offering incentives like expedited review, streamlined publication procedures, and waiving publication fees. However, this article concentrates on the copyright policies of academic journals. It would be difficult to say that a well-designed copyright policy of an academic journal will help attract particularly good papers, but a poorly designed copyright policy can leave authors with a bad impression of the journal and will not help the journal develop in any way.

“Copyright” refers to a “bundle of rights” that the creator of a work is legally entitled to exercise in relation to that work. The author of a paper, or all co-authors, in the case of a joint work, automatically own the copyright to the paper upon its creation, as stipulated by Article 5(2) of the Berne Convention for the Protection of Literary and Artistic Works (hereafter “Berne Convention”) [4] and Article 10 of the Korean Copyright Act [5]. Moral rights, which encompass the right to claim authorship of the work (also known as the right of paternity) and the right to the integrity of the work, are exclusively held by the author (Berne Convention Article 6bis(1) [4]; Article 14(1) of the Korean Copyright Act [5]). As such, these rights cannot be transferred or licensed. However, an author may choose to waive them or agree not to enforce them [6,7]. The right of paternity is addressed by the Attribution (BY) condition included in all Creative Commons (CC) licenses. The moral right of integrity is somewhat related to the right to produce derivative works, which is covered by the BY-ND (Attribution-NoDerivs) condition, but it cannot be licensed under any CC license, unlike the right to produce derivative works. Nonetheless, when authors transfer or license the economic rights to their works, they are considered to have waived or agreed not to assert the right of integrity to the extent necessary for the transferees or licensees to utilize those transferred or licensed rights [8]. The right of disclosure is another aspect of an author’s moral rights. However, if authors transfer the economic copyrights in their articles to academic journals or grant licenses for their publication, the authors are regarded as having given consent for the paper’s publication (Article 11(1), (2) of the Korean Copyright Act) [5].

For a paper to be published in an academic journal, the author must either transfer the necessary economic copyrights to the publisher or grant the publisher a license to publish the paper. Traditional subscription-based journals typically require authors to transfer copyright to the journal. In contrast, OA journals usually allow authors to retain copyright and instead grant the journal the right of first publication [9]. In the realm of academic publishing, the most pertinent economic copyrights include the right to reproduce the work, distribute it both online and offline, and prepare derivative works based on the original work [10]. If a publisher produces a print journal, they must secure the right to reproduce and distribute the paper in print form, either through a transfer of rights or a licensing agreement. Similarly, for electronic publishing, publishers need the rights to reproduce the paper digitally and distribute it online [10]. The act of translating an academic paper and sharing it with others involves the right to prepare derivative works, which is relevant to the ND condition. It is important to note, however, that when a journal enables machine translation of articles for display on its website in another language, this should be regarded as copying, not as the preparation of a derivative work [11].

Although copyright laws share many similarities across different countries, there are notable differences in the specifics. For example, under the German Copyright Act, copyrights cannot be transferred (Section 29(1) of the German Copyright and Related Rights Act) [12]. Instead, German case law interprets the transfer of copyright as the establishment of an exclusive license [13]. The French Copyright Act requires that when transferring economic rights, each right must be itemized individually (Article L131-3(1) of the French Intellectual Property Code) [13,14]. In Korea, the Korean Copyright Act stipulates that the transfer of the entirety of copyright is presumed not to include the right to prepare derivative works unless explicitly agreed upon (Article 45(2) of the Korean Copyright Act) [5]. Therefore, it is advisable for OA journals, whose articles are electronically published and globally accessible, to be as precise as possible in securing economic rights from authors for publication. Moreover, once these economic copyrights have been acquired from the authors, the publisher, who becomes the copyright holder, must ensure that the author’s right to use their own work is clearly defined in the copyright transfer agreement.

Objectives

The purpose of this article is to address the copyright policy issues of science and engineering OA journals indexed in the Science Citation Index Expanded (SCIE) or Scopus and published in Korea, a non–English-speaking country. To this end, we pursued the following specific objectives. First, we analyzed the overall situation of Korean science and engineering journals published in English. Second, we examined the copyright policies and CC license terms of OA journals published by Korean academic societies.

Methods

Ethics statement

This is a literature-based study. Therefore, no Institutional Review Board approval or informed consent was required.

Study design

This is a descriptive case study based on the search results of the copyright and OA policies of academic society journals in Korea.

Setting, data sources, and measurement

Among the science and engineering OA journals published in English and listed in the Korea Citation Index (KCI), we selected those that are also indexed in SCIE or Scopus. We specifically focused on the copyright policies of journals published independently by local academic societies, as opposed to those outsourced to a leading international academic publisher. The reasons for this sample selection are as follows: first, the fact that a journal is an English-language OA academic journal based in a non–English-speaking country, such as Korea, suggests that the journal aspires to be a prestigious publication with global recognition; second, the fact that the journal is listed in SCIE or Scopus reflects international recognition of the journal as a competent academic journal; and third, an examination of the copyright policies of journals published independently by local academic societies—without the reliance on the experience and resources of international academic publishers—enables an accurate evaluation of the level of understanding of copyright law and policy among editors of academic journals.

The subject journals for this study were identified through a search of the KCI database of academic journals. As of January 10, 2024, there were 162 KCI-listed science and engineering journals that were also indexed in SCIE or Scopus. These included 80 journals in the fields of medicine and pharmacy, 36 in engineering, 31 in natural sciences, and 15 in agriculture, fishery sciences, and oceanography (Table 1). Out of these, 104 journals were published by Korean academic societies without the involvement of international academic publishers. This group comprised 69 journals in medicine and pharmacy, 19 in natural sciences, nine in engineering, and seven in agriculture, fishery sciences, and oceanography. Notably, all these journals are OA, as shown in Table 2. For the purposes of this study, journals indexed in both SCIE and Scopus were considered to be SCIE-listed journals.

Information on the journals studied was first collected from the KCI database and then checked by examining the information posted on each journal’s website. If there was a discrepancy between the information in the KCI database and the information on each journal’s website, the latter was used as the standard.

Statistical analysis

Descriptive statistics were applied.

Results

Who is the publisher?

Science and engineering journals based in Korea can be divided into two categories: those published through an international academic publishing platform and those published independently by Korean academic societies (Table 1).

As shown in Table 1, Korean academic societies tend to prefer publishing their journals independently rather than through international academic publishing platforms. Although international academic publishers dominate the publication of journals in engineering and agriculture, fishery sciences, and oceanography, academic societies in the fields of medicine, pharmacy, and natural sciences generally publish journals independently.

When comparing journals listed in SCIE with those indexed in Scopus within the realm of Korean science and engineering publications, it is observed that SCIE-listed journals are more frequently published by international academic publishers, particularly in the disciplines of engineering, natural sciences, and agriculture, fishery sciences, and oceanography, as opposed to the fields of medicine and pharmacy. Conversely, Korean academic societies often independently publish their journals that are indexed in Scopus, and this trend is consistent across various fields.

The majority of science and engineering journals based in Korea, yet published in English, demonstrate independence, suggesting that journals from non–English-speaking countries can attain international competitiveness without the need to rely on international academic publishers. Nonetheless, this underscores the critical need for independently published journals to possess a thorough understanding of publishing and copyright policies.

Publishing model

English-language Korean journals in the field of science and engineering, published by international academic publishers, are generally categorized into two groups: those that follow the OA model and those that use the hybrid model. In the hybrid model, authors can choose between the subscription model and the OA model. Journals indexed in Scopus are more likely to adopt the OA model than those indexed in SCIE, as shown in Table 3.

International academic publishers have published the following number of Korean science and engineering journals: 45 by Springer Nature (Springer Links, 35 [30 hybrids, three subscriptions, two OAs]; Springer Open, 5 [all OA]; BMC, 4 [all OA]; Nature Portfolio, 1 [OA]), seven by Elsevier (five OAs, two hybrids), three by Taylor & Francis Group (Taylor & Francis Online, all OA), two by Wiley (Wiley Online Library, all hybrid), and one OA by Mary Ann Liebert (Table 4).

According to the copyright policy of international academic publishers, in cases where the journal operates on a subscription model or the journal is hybrid and the author does not choose OA publication, the publisher retains the copyright. However, the author is granted certain rights as specified in the copyright transfer agreement. Conversely, when an author publishes a paper in OA journals, or opts for the OA model in hybrid journals, the author is responsible for paying publication fees but retains the copyright. In this scenario, the author must also consent to the terms and conditions of the CC license selected by the journal. The author may have the opportunity to choose the specific terms of the CC license [15–17].

It is noteworthy that all English-language science and engineering journals in Korea published by academic societies, as opposed to those disseminated through international academic publishers’ platforms, were OA journals. This indicates that the OA model could potentially increase the global competitiveness of these journals (Table 2, Fig. 1).

The following section discusses the copyright and licensing policies of English-language science and engineering journals in Korea that are published by the academic societies themselves.

Copyright and licensing policies of science and engineering OA journals independently published in English by Korean academic societies

Who retains the copyright? Which CC licenses are employed?

Ninety-nine out of 104 Korean science and engineering OA journals (95.2%) not utilizing an international academic publishing platform mandate that authors transfer copyright to the publisher (academic society), irrespective of whether the journal is indexed in SCIE or Scopus (Table 5, Fig. 2). This requirement stands in contrast to the common practice among OA journals, which typically permit authors to maintain copyright of their papers.

Korean science and engineering OA journals that were not published using an international academic publishing platform predominantly chose CC license terms of BY-NC (AttributionNonCommercial), regardless of their indexing status in the SCIE or Scopus. Four journals opted for the BY-NC-ND condition, while two journals chose the CC BY condition, and only one journal adopted the BY-SA (Attribution-ShareAlike) condition (Table 6). There were no instances where authors were given the option to select CC license terms. Additionally, eight journals provided OA to their publications on their websites without displaying the CC license terms (Table 6). In summary, 92 out of the 104 journals (88.5%) implemented the CC license without the ND condition. It is important to note that the ND restriction is related to safeguarding the right to prepare derivative works based on the original work.

Specification of the right to prepare derivative works (including the right to translate the work) in the copyright transfer agreement

Upon examining 99 Korean science and engineering OA journals that mandate copyright transfer from authors, it was found that 78 (78.8%) had their copyright transfer agreement forms publicly accessible on their websites. Of these, only 16 journals (16.2%), explicitly stated the transfer of rights to prepare derivative works, including the right to translate (Table 7). Additionally, none of the journals explicitly required authors to agree to the CC license terms adopted by the journal within the copyright transfer agreement form (Table 8).

Author’s rights clause in the copyright transfer agreement

An analysis of 78 copyright transfer agreement forms available on the websites of Korean science and engineering OA journals showed that only 21 forms included provisions concerning authors’ rights. Moreover, in 14 of these 21 cases, the provisions related to authors’ rights were deemed improper or meaningless. This was because they either licensed acts already permissible under the CC license adopted by the journals or required authors to seek permission from the journals for those acts, as detailed in Table 9.

Discussion

Key results

Out of 162 science and engineering journals indexed in SCIE or Scopus and published in English, 58 (35.8%) were published by international publishers, while 104 (64.2%) were published by local publishers. All 104 journals published by local publishers were OA. The breakdown of their CC licenses was as follows: two journals (1.9%) with CC BY, 89 (85.6%) with CC BY-NC, four (3.8%) with CC BY-NC-ND, one (1.0%) with CC BY-SA, and eight (7.7%) with no license indication.

Interpretation

Are there any benefits for OA journals in owning copyright? The answer is no. For OA journals, the distinction of being the first publisher is what matters. Since these journals are not focused on generating profit through the publication of papers, there is no necessity for the publisher to acquire copyright from the author. When an author transfers copyright to a journal, that journal then assumes the role of the copyright holder and is tasked with enforcing it when necessary [9]. This responsibility includes granting permissions for uses that fall outside the scope of the CC license adopted by the journal and pursuing legal action against copyright violators. Essentially, this only serves to increase the administrative burden. Moreover, critics have voiced opposition to the practice of commercial publishers demanding copyright transfer from authors of papers [18]. In summary, it is not advisable for OA journals to require authors to transfer the copyright of their papers.

A CC license without the ND restriction permits the free adaptation of material, including remixing, transforming, and building upon it. Journals are often encouraged to avoid the ND restriction, as it can promote the use of journal articles and contribute to academic progress. It has been argued that articles published under an ND license are not truly considered OA [19]. However, even critics of the ND restriction acknowledge that it does not completely prevent the reuse and adaptation of academic publications [19]. Copyright law mechanisms, such as exceptions and limitations to copyright, fair dealing, and the fair use doctrine, remain significant in the utilization of academic publications (Articles 28 and 35-5 of the Korean Copyright Act [5]; Section 107 of the US Copyright Act [20]; Sections 29 and 30 of the UK Copyright, Designs and Patents Act [21]). Ultimately, since the ND restriction pertains to the right to prepare derivative works based on the author’s original work, the author’s preference regarding the waiver of the ND restriction should be a primary consideration. Moreover, under the Korean Copyright Act [5], even if an author transfers all copyright to a publisher, the right to prepare derivative works is presumed to remain with the author unless there is an explicit agreement transferring this right as well (Article 45(2)). Therefore, if an OA journal opts for a CC license without ND restrictions, it is prudent to obtain explicit consent for this license from the author separately, in addition to securing the copyright necessary for publication.

In a review of 99 Korean science and engineering OA journals that require copyright transfer, 78 (78.8%) provided accessible online agreements. However, only 16 of these agreements (16.2%) included rights for derivative works (Table 7). None of the journals required agreement to CC license terms (Table 8). This trend was observed irrespective of whether the journal was indexed in the SCIE or Scopus, indicating a general lack of understanding of copyright issues among Korean science and engineering societies that publish OA journals.

Finally, this paper examined whether independently published science and engineering OA journals in Korea that have acquired copyrights from authors adequately protect the authors’ rights. It is evident that authors who have transferred copyright to OA journals retain the ability to freely use their papers in the same manner as other users under the terms of the CC license chosen by the journal. However, issues arise when an author wishes to utilize their work in ways that exceed the permissions granted by the journal’s CC license. For instance, an author may want to include parts or the entirety of their paper, published in a journal that operates under a CC BY-NC license, in a commercially published book. In such a scenario, because the copyright has been transferred to the journal, the author must seek permission from the journal to use the paper. To address potential situations like this, it is prudent to incorporate clauses concerning the author’s rights in the copyright transfer agreement between the author and the publisher. Nevertheless, a review of 78 Korean science and engineering OA journals found that only 21 journals had provisions for the author’s rights in their copyright transfer agreements. Moreover, in 14 of these 21 cases, the provisions for authors’ rights were either inadequate or meaningless, as shown in Table 9.

Limitations

The data analysis presented in this article was conducted from the perspective of copyright law. It does not reflect the opinions of journal editors regarding their copyright policies.

Generalizability

The results presented above are derived from an analysis of the copyright policies of Korean science and engineering journals. If local society journals in other countries adopt similar copyright policies, the insights from this case study may be relevant to them.

Conclusions

Among English-language Korean science and engineering journals indexed in SCIE or Scopus, more are published independently of international academic publishing platforms than with them. Furthermore, all journals published without the support of these platforms are OA journals. This indicates that science and engineering journals from non–English-speaking countries can attain international competitiveness on their own, without relying on international academic publishers. Additionally, the OA publishing model plays a significant role in enhancing the international standing of these journals. However, inadequate copyright policies may hinder the international competitiveness of such journals.

The English-language science and engineering OA journals published independently by Korean academic societies typically exhibit three common characteristics in their copyright and licensing policies. First, authors are generally required to transfer their copyright to the journal. Second, the terms of the CC license applied are predominantly BY-NC, without providing authors the option to select alternative licensing terms. Third, these journals do not sufficiently safeguard the rights of the authors. To align with the common practice among OA journals, the copyright policies of these journals should be revised to permit authors to retain their copyright and to ensure that explicit consent is obtained for the CC licenses that are applied. In addition, journals can demonstrate greater consideration for authors’ rights by allowing them to choose the CC license under which their papers are published.

Notes

Conflict of Interest

Ju Yoen Lee serves as an Associate Editor of Science Editing since 2023, but had no role in the decision to publish this article. No other potential conflict of interest relevant to this article was reported.

Funding

The authors received no financial support for this work.

Data Availability

Dataset files are available from the Harvard Dataverse at https://doi.org/10.7910/DVN/KWRAHQ.

Dataset 1. Research data on the copyright policy for open access journals indexed in SCI(E) or Scopus, published by Korean academic societies in the field of medicine.

kcse-330-dataset-1.xlsx

Dataset 2. Research data on the copyright policy for open access journals indexed in SCI(E) or Scopus, published by Korean academic societies in the field of engineering.

kcse-330-dataset-2.xlsx

Dataset 3. Research data on the copyright policy for open access journals indexed in SCI(E) or Scopus, published by Korean academic societies in the field of natural sciences.

kcse-330-dataset-3.xlsx

Dataset 4. Research data on the copyright policy for open access journals indexed in SCI(E) or Scopus, published by Korean academic societies in the fields of agriculture, fishery sciences, and oceanography.

kcse-330-dataset-4.xlsx

Acknowledgements

The authors thank Jae Eun Lee, Yunju Park, Seok Bin Yoon, Ga Bin Yoon, Seowon Choi, Gahyun Lim, Dong Jun Kim, and Ji Yeon Kim at Dongguk University College of Law (Seoul, Korea) for their help in collecting data for this article.

Supplementary Materials

Fig. 1.

Publishing models of science and engineering open access (OA) journals indexed in Science Citation Index Expanded or Scopus independently published in English by Korean academic societies. CC, Creative Commons; BY, Attribution; SA, ShareAlike; NC, NonCommercial; ND, NoDerivs.

Fig. 2.

Who owns the copyright for papers in 104 science and engineering opean access (OA) journals indexed in Science Citation Index Expanded or Scopus independently published in English by Korean academic societies.

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Figure & Data

References

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