Annals ＞ Copyright Rules
Annals of the Japan Association for Philosophy of Science
On abolishing the copyright transfer system and adopting the creative commons license［September 21, 2022］
The Japan Association for Philosophy of Science has decided to abolish the hitherto-adopted system of the transfer of copyright concerning works published in Annals of the Japan Association for Philosophy of Science and newly adopt the creative commons license (hereafter CC license), which has now become a world standard for open access (hereafter OA) academic publishing.
Thus far, the Association has been requiring authors to transfer the copyright of their works to be published in our journal from themselves to the Association, following the Copyright Rules framed in 2006 (https://phsc.jp/en/annals_copyright.html#copyright). However, we decided this time to reconsider this conventional way in keeping with the changing environments surrounding OA academic publication in the world and let the copyright belong where it is originally. Accordingly, we cordially ask the authors to grant a corresponding CC license to their works, which enables a more flexible and broad-ranging usage of academic research accomplishments.
However, we do recognize that this is such a drastic change from the preceding system that we will secure a get-acquainted period until the end of fiscal year 2022 in which we can address the questions of the concerned members of the Association to allow them to form a comprehensive understanding of this systemic change. The new system will be implemented on a full scale from fiscal year 2023.
If you want to know more about what CC licenses are, please refer to some expository articles posted on the website of Creative Commons (https://creativecommons.org/) or other introductory articles available on the internet.
Inquiries about this new license system should be addressed to the office of the Association (email@example.com).
Transitional Measures to be Taken
- – A get-acquainted period will be ensured until the end of fiscal year 2022 in which we address the questions or opinions of the concerned members of the Association, although we will address occasional questions or opinions thereafter, too.
- – The new system (of the CC license) shall be applied to works that are published in Annals from the September, 2023, issue on.
- – The copyright of works that are to be published under the new system should belong to the authors. Accordingly, considering that it is the copyright holder alone who owns the legal right to grant to his/her works any licenses that are to restrict parts of his/her copyright, we request authors to sign and submit a consent form during the preparation period for the final manuscript for submission following its acceptance, in which they authorize the Association to display the CC license along with their published works.
- – We adopt “Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0)” for the time being as the kind of CC licenses to be granted to works published in our journal. However, we leave open the possibility to shift to “Attribution 4.0 International (CC BY 4.0)” in the future, which has become the world standard for OA journals, although the kind of CC licenses, once granted to works, cannot be changed thereafter. The CC license is granted to both the works published in electronic journals made open on J-STAGE and those published in conventional paper-based journals.
- – Those works that have already been published in our journal in the past, of which the copyrights have already been transferred to the Association, are not the targets of the system change of this time. Accordingly, the copyrights of these works shall be retained by the Association as ever in accordance with the “Copyright Rules” found below this page, and the CC license will not be granted to them.
Important Notice about the Copyright Transfer［November 20, 2019］
The Copyright Rule of the Japan Association for Philosophy of Science, framed in 2006, stipulates that the copyright for an article published in our journal shall be transferred from its author to the Association and that the transfer requires the submission of a ‘Consent Form’ by the author to the Association (see below). However, it appears that this procedure of copyright transfer has not been undertaken until today due to our failure to observe the rule. We sincerely apologize for that.
In such a case, in principle, we would have to contact every author who has published his/her work in our journal from 2006 to the present and ask them to submit the required form post hoc. However, in practice, an extraordinary amount of time and clerical effort would be required for such a measure. Therefore, in view of this situation, we, the Board of Officers, cordially ask the authors concerned to allow us to take the following step: we are going to regard the copyright of each article published in the period mentioned above as having already been transferred to the Association, without the ‘Consent Form’ being submitted by the authors. Please note, however, that the transfer of the copyright for an article does not preclude its use by the author for his/her sake, as is specified in the Copyright Rules. Regarding the articles that will be published in and after 2020, we will manage the copyright transfer procedure according to the rule.
If you, as an author of any article in any issue of the Annals published from 2006 to the present or as a hereditary successor of the author concerned, have an objection to this policy, please send a notice to that effect to the office of the Japan Association for the Philosophy of Science by the end of December, 2022. The absence of such a notice will be taken as the consent for copyright transfer on the part of the author. In consideration, however, of the possibility that this announcement may fail to be read by any stakeholders of articles in question, if a notice of dissent from any qualified individuals should be sent to the office after the deadline, we will consider the case individually and take the best possible measure.
The petition of objection to our policy concerning the copyright transfer of articles published before 2005, dating back to our inaugural issue, was already closed as of April 30, 2009. Nevertheless, in this case as well, in consideration of the possibility that there should appear any stakeholders who may come to know of the policy post hoc and have objections, we will continue to accept a notice of dissent from such persons.
Consent Form for Copyright Transfer (WORD file)
Effective from June 18, 2006
Article 1: Goal
This rule governs the management of an author’s copyright for a paper, a commentary, etc. (hereinafter described as “Work”) published in a journal or any other publication issued by this Association (hereinafter described as “Journals”).
Article 2: Copyright Transfer
The copyright* for a Work published in Journals shall, in principle, be transferred** from its author to this Association. If there should be difficulty in the transfer of the copyright due to special circumstances, the Association shall, upon the initiative by the author, consult with the author for an amicable settlement of the matter.
Article 3: Exception for Moral Right Exercise
The author shall not exercise his/her moral right toward this Association and those authorized by the Association in any of the following cases:
(1) modifications due to technical problems in electronic distribution of the Work
(2) use of the abstract of the Work only.
Article 4: Licensing to a Third Party
- If a third party makes a request to license a copyright which belongs to this Association, the Board of Officers of the Association will deliberate over the request and may accept a request that the Board deems appropriate.
- If, as a result of the action taken in accordance with the preceding clause, the third party provides consideration to the Association, such consideration shall, in principle, be given to the author.
Article 5: Author’s Right
- This Association neither objects to nor prevents the use by the author of his/her Work whose copyright the Association owns.
- When the author uses his/her Work, the author shall notify the Association of such a use in advance and give a reference to its original publication in Journals in any reproduction of the Work, or any publication in which the Work is used. This provision does not apply, however, if 25% or more of the Work is changed. In addition, the author may use his/her Work without any advance notice for the purpose of clause 3 below.
- The author may post his/her Work at any time on his/her website, including the website of the institution to which the author belongs, provided a reference is given to its original publication in Journals.
Article 6: Copyright Infringement and Dispute Resolution
- If there is a copyright infringement or a suspicion thereof by a third party regarding a Work whose copyright this Association owns, the Association and the author shall deliberate over the appropriate measures to be taken for the resolution of this dispute.
- If a Work published in Journals causes an infringement of the copyright or any other right and interest of a third party, the author of the Work shall be solely and fully responsible for any such infringement or damage.
Article 7: Effective Date
This rule shall be effective from June 18, 2006. Unless otherwise requested by the author, and with the acknowledgement of this Association that the request in question is justified, the copyright of a Work published before June 18, 2006 shall also be governed by this rule.
* “Copyright” refers to the following rights among those prescribed by articles 21-28 of the Copyright Law of Japan
(see http://www.cric.or.jp/english/clj/cl2.html as excerpted below).
(Right of reproduction)
Article 21: The author shall have the exclusive right to reproduce his work.
(Rights of public transmission, etc.)
- The author shall have the exclusive right to make public transmission of his work (including the making transmittable of his work in the case of the interactive transmission).
- The author shall have the exclusive right to communicate publicly, by means of a receiving apparatus, his work of which the public transmission has been made.
(Rights of translation, adaptation, etc.)
Article 27: The author shall have the exclusive rights to translate, arrange musically or transform, or dramatize, cinematize, or otherwise adapt his work.
(Right of the original author in the use of a derivative work)
Article 28: In the exploitation of a derivative work, the author of the pre-existing work shall have the same rights as those the author of the derivative work has under the provisions of this Subsection.
** The copyright is transferred when the author submits a consent form for copyright transfer to this Association.