Copyright and creative commons licenses in scholarly publishing: A practical guide for researchers

INTRODUCTION

Copyright plays a crucial role in scholarly publishing by defining the ownership, distribution, and usage rights of academic works. Traditional copyright laws grant authors exclusive rights over their content, restricting reproduction and modifications without explicit permission.^[1] However, in an era of open-access publishing, creative commons (CC) licenses provide a flexible alternative, allowing authors to specify how others can use their work while maintaining attribution.^[2]

For researchers and authors, understanding copyright and license is essential at three critical stages of the academic publishing process. During publication, it is important to be aware of the rights being transferred to the publisher or retained by the author.^[3] When sharing articles online (e.g., personal websites, social media, or academic networking platforms),^[4] researchers must ensure they are complying with copyright and licensing terms of the publisher. When reusing content from previously published works (e.g., figures, tables, or excerpts), it is necessary to determine the licensing status and obtain appropriate permissions where required.^[5]

Many early-career scholars are unaware of how publishing agreements affect their rights, potentially limiting their ability to share or reuse their research.^[6] In the world of imaging science, the use of visual content such as figures and illustrations can significantly enhance the clarity and appeal of research articles.^[7] However, the reuse of such materials often raises complex copyright issues that authors must navigate carefully. This article provides a concise overview of copyright and licensing frameworks relevant to scholarly publishing. It provides practical guidance on how to identify copyright information, attribute reused content properly, and avoid potential legal or ethical issues.

COPYRIGHT AND LICENSE

Copyright and license are two important legal concepts. Copyright protects the ownership of research publications, while licenses define how others can use and share the work.^[8]

When researchers publish their work, they typically hold the copyright unless they transfer it to a publisher or another entity. Copyright grants the creator (or copyright holder) exclusive rights to reproduce, distribute, display, and create derivative works based on the publication. In academic publishing, it is common for publishers to require authors to transfer their copyright as a condition of publication. Some journals even ask to submit copyright transfer forms during the submission of article.^[9] This means the publisher then controls how the work is distributed and used, often restricting access through paywalls or subscription models. However, some publishers allow authors to retain certain rights, such as the ability to share their work in institutional repositories or use it for teaching purposes.^[10]

A license, on the other hand, is a legal agreement that grants permission to use a copyrighted work under specific terms and conditions. It acts as a bridge between the copyright holder and the user, outlining what the user can and cannot do with the work. Licenses can vary widely in their terms. It can be of three common types – traditional, open access license (i.e., CC license), and public domain.^[11] Many publishers use traditional licenses that limit how the publication can be shared or reused, often requiring payment or permission for access. In open-access publishing, authors or publishers apply permissive licenses, such as CC licenses, to allow broader use of the work. Some authors or publishers may publish their work in the public domain, allowing unrestricted use without requiring attribution.^[12] For example, if you read an article in the Journal of Clinical Imaging Science, you will see the details of the copyright holder with © sign and CC license information.^[13]

CHECKING COPYRIGHT INFORMATION

The majority of biomedical researchers search PubMed for medical literature. Hence, the method of searching copyright information is described in PubMed. Similar information is commonly available on the article portable document format (PDF) or article web page. Authors can use the search strategy and decide the course of action as shown in Figure 1.

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Figure 1:

Search strategy for identifying copyright and license information and determining the appropriate course of action. (PDF: Portable Document Format; CC: Creative Commons).

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PubMed sources the data from three databases – Medline, PubMed Central (PMC), and Bookshelf.^[14] The PMC is a free, full-text archive of biomedical and life sciences literature maintained by the U.S. National Library of Medicine. It provides open access to research articles, supporting public and scientific knowledge dissemination. When searching for articles in this database, copyright information is often displayed alongside the article details. Figure 2a shows an article where the copyright is retained by the journal and licensed under a CC BY-NC- Share alike (SA) 4.0 license. Figure 2b shows an article where the copyright is retained by the authors and licensed under a CC BY 4.0 license. Figure 2c shows an article that is published without any copyright and licensed with a CC0 license.

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Figure 2:

Example of three “copyright and license information” of published articles where – (a) journal retails the copyright and (b) authors retain the copyright. (c) no copyright. Source: Screenshot captured from PubMed Central search result on January 31, 2025.

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While searching in PubMed, authors can use the filter “pmc cc0 license[filter]” to search articles with a public domain license.^[15] To date (February 07, 2025), a PubMed search yielded a total of 126888 articles without copyright. The PLOS, medRxiv, and bioRxiv are examples of some publishing agencies that allows authors to publish their articles with CC0 license. However, if the article is indexed in Medline and not PMC, then the license information may not be available on the article page in PubMed. In that situation, authors can go to the article page (by clicking the digital object identifier 10.25259/JCIS_22_2025) and browse the article page or search in the PDF file for license details.

Many researchers or academicians use internet search engines to get images for making flow charts, graphical abstracts, and other visualization materials.^[16] They may also take those materials for teaching purposes. During this process, they may take some copyrighted material. Hence, they are suggested to get images or icons with CC license to avoid any future complications. While searching for any image in Google search engine, they can use the “Image” option rather than searching “All.” On the image search result page, authors can click on the “Tools” and select “Creative Commons Licenses.”^[17] Then, the images that have CC license will be shown. However, taking the image directly from the search result page should be avoided as Google search may not fully capture license information. Hence, authors should check the source website and search for license information as there are various categories of CC license and the right to use, attribution, modification, or sharing license depends on the type of CC license with which the image was shared. The following section gives an overview of the CC licenses.

CC LICENSES

The copyright of an article may be retained by the author, journal, or publisher. However, the content may be published under a CC license.^[18] This provides a standardized way to grant permissions for reuse. It was introduced by the nonprofit organization - CC. The first version (version 1.0) of the license was introduced in 2002 and the current version (version 4.0) was introduced in 2013.^[19] CC licenses range from the most permissive (CC BY, which allows reuse with attribution) to the most restrictive (CC BY-NC-No derivate [ND], which prohibits commercial use and derivative works). The characteristics of CC licenses with their brief are shown in Table 1.^[20]

HOW TO ATTRIBUTE

Providing a citation and reference of the article is not enough “attribution” of using any figure or table from a journal article.^[21] A traditional bibliography (e.g., Vancouver style) usually includes the author’s name, title, journal/book name, year, and DOI but does not mention the license or reuse permissions. However, for an ideal attribution, authors should mention four components – title, author, source, and license.^[22]

If authors take a figure from an article licensed under a CC license, they should write the attribution as follows: “(Figure title)” by (author’s name; if multiple, use “et al.” after the first author’s name), sourced from (journal name), licensed under (CC license category), available online at (DOI/Uniform Resource Locator [URL]). For example, with imaginary data: “Chest X-ray showing pulmonary edema” by Ahana Aarshi, sourced from Radiology Artificial Intelligence (AI) Journal, licensed under CC BY-SA 4.0, available online at DOI: 10.17122/018.007.

If authors aim to use a material with modification, they should make sure that the material is not licensed with “No derivate (ND).” If ND is not there in the CC license, the figure or image can be edited. If a figure is taken and modified, the attribution may be as follows: This figure, “(adapted figure title),” is adapted from “source figure title” by (author’s name), sourced from (journal name), licensed under (CC license category), and available online at (DOI/URL). (Modification details) by (your name) and the adapted figure are licensed under (CC license). If “Share alike (SA)” is there in the source figure, the authors should license adapted material under the same license. For example, with imaginary data: This figure, “Chest X-ray showing pulmonary edema with an arrow pointing the area of interest,” is adapted from “Chest X-ray showing pulmonary edema” by Ahana Aarshi, sourced from Radiology AI Journal, licensed under CC BYSA 4.0, available online at DOI:10.17122/018.007. An arrow is added to the figure by Sarika Mondal and the adapted figure is licensed under CC BY-SA 4.0.

When the figure or image is not shared under CC license, and a permission is obtained from the copyright holder, then the attribution may be different than what we had with CC license. It may be as follows: (The new figure title). Reprinted (or adapted) from “title of article,” by (author’s name), published in the (journal name) in (year) in the volume (volume) with page number (page number), available online from (DOI/URL). Reprinted (or adapted) with permission from (copyright holder, year), permission granted on (date).^[21]

HOW TO GET PERMISSION

When the article is not licensed under CC license, authors need to get permission to reuse any materials from the article. To obtain permission to use a table, figure, or image from a journal article, first authors need to identify the copyright holder [Figure 1], which is typically the journal publisher or the author. While visiting the journal’s official website, authors need to look for a “permission,” “rights and permissions,” or “reprints and permissions” section. These are commonly hyperlinked (i.e., clicking on it will lead to the copyright clearance website) to the platform for copyright clearance. If such hyperlinks are not available, authors can visit platforms like Copyright Clearance Center for applying for reuse. Authors are required to provide specific details on the copyright clearance platform, including the intended purpose, type of media, and target audience for the reuse of content. Upon completion of this information, the system will indicate whether a reuse fee is applicable. Alternatively, authors can contact the journal’s editorial office or the corresponding author (if the author is the copyright holder) through email.^[23] Once permission is granted, review the terms, which may include proper attribution, restrictions on use, or fees before using. Always keep a record of the approval for future reference.

COPYRIGHT OF ARTICLES IN REPOSITORY

A free research data repository is an online platform where researchers can store, share, and access datasets without financial barriers. These repositories aim to promote open science, enhance research transparency, and facilitate collaboration by making data widely available to the scientific community. Uploading content to such repositories ensures data preservation, allows for reproducibility of research findings, and increases the visibility and impact of scholarly work.^[24] Examples are Figshare, Zenodo, and Open Science Framework (OSF). Many authors share their data on these web platforms. Sometimes, additional figures and tables that cannot be accommodated in the published article are uploaded and linked to the published article to save the pages of the journal. When uploading content to the repositories, authors must use licensing information. Figshare allows choosing between CC0 and CC BY 4.0 licenses. Zenodo allows CC0, CC BY 4.0, and CC BY-SA 4.0 licenses. OSF allows publishing with “no license,” CC0, CC BY 4.0, CC BYNC-ND 4.0, and CC BY-SA 4.0.

LICENSE INFORMATION IN PERSONAL DOCUMENT

When authors share a document on the internet or self-publish, they may specify the license information on the document page. In previous versions of Microsoft Word (up to version 2013), there was an add-in for inserting CC license.^[25] However, this is not available for newer versions. Hence, in a Microsoft Word document, authors can insert the licensing information as text and image according to their choice. As the CC license is self-explanatory from their badges, insertion of the badge provides readers with an idea about the license information. The logos/badges/icons can be downloaded from the CC website.^[26] However, it is better to state the license information in detail for better communication with readers. CC website provides a tool to make customized text for the license of any work.

It is a three-step license chooser for those who know which license to use and a seven-step method for those who do not know which license they need. To select the license, authors should go to the website of the license chooser,^[27] and select their expertise (know or need help) and the webpage will show the choices. If authors know which license to use, they may select it and add attribution details (i.e., details of the work) like the title of the work, creator’s name, any web links, and year of creation, so that it will customize the licensing information that authors can copy and use. When authors are not sure which license they need, selecting “No. I need help selecting a license” would ask some questions about attribution (needed or not), commercial use (allow or not), and derivative (allow others edit or not). After that, authors need to provide the details of the work, and it will give the license text in rich text format, HTML, or XMP format when used for websites or plain text when used for print media.

COPYRIGHT VIOLATIONS

Copyright violations can lead to legal, financial, and reputational consequences for individuals and institutions. The following sections will discuss three cases that highlight common copyright challenges faced by researchers in academic publishing.

COPYRIGHT VIOLATIONS VERSUS PLAGIARISM

Copyright violation and plagiarism are often misunderstood as the same, but they have distinct differences, especially in academic writing. Copyright violation is a legal issue that arises when someone reproduces or distributes copyrighted content without permission. For example, if researchers use a copyrighted image (without any CC license) in their research paper without taking permission, it is a violation of copyright law. On the other hand, plagiarism is an ethical issue that involves using someone else’s ideas, text, or research findings without proper acknowledgment.^[33,34] For instance, if a student copies a paragraph from a published research paper into their thesis without citation, it is plagiarism, even if the paper is open access. The difference between copyright infringement and plagiarism is shown in Table 2. While copyright infringement can lead to legal consequences such as fines or lawsuits, plagiarism can result in academic penalties, damaged reputation, or even retraction of publications.^[35]

Authors may follow simple rules to avoid text similarity (i.e., text plagiarism) – paraphrase or use text with quotation (when using verbatim) and cite the work.^[36] To avoid copyright violations, authors should check the copyright and licensing conditions. They should always remember that except CC0, all other CC licenses comes with “BY.” Hence, attribution is a must to avoid plagiarism and copyright violations.

In this context, there is a legal doctrine termed as “fair use.”^[37] Fair use permits limited use of copyrighted material without permission for purposes such as “criticism, comment, news reporting, teaching, scholarship, and research.”^[38] While the United States follows a flexible four-factor fair use test (section 107, copyright act), many other countries, such as those in the European Union, apply specific and narrowly defined “exceptions and limitations” under directives like 2001/29/EC.^[39] Hence, there are jurisdictional variations across the globe. In the context of academic writing, fair use governs the legal reuse of content, whereas plagiarism pertains to the ethical obligation to credit original authors. Hence, even if a use qualifies as fair under copyright law, failure to provide proper attribution may still constitute plagiarism.

PRECAUTIONS

Authors may follow the summary guidelines as shown in Figure 3 to avoid any copyright violations. To ensure compliance with copyright and licensing regulations, it is better to create original content whenever possible to avoid permission issues.^[40] Before submitting an article, authors should review the journal’s copyright policies, especially if planning to reuse material in the near future. If using copyrighted content, authors must obtain written permission and keep records. When sourcing content from databases like PMC, always re-verify licensing details in the metadata or article PDF to ensure proper usage.

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Figure 3:

Common suggestions to avoid any complications related to copyright. (CC: Creative commons.)

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CONCLUSION

Misuse of copyrighted content and misunderstanding of license information can lead to significant legal, financial, and reputational consequences. Copyright laws establish ownership and control over research outputs. Licenses provide flexibility in sharing and reusing academic content. Authors must know the nature of copyright and licensing information under which the article will be published in journals. For content reuse such as tables and figures, authors must explore the licensing information. If the content is licensed under CC, its details should be checked as there are differences in licensing conditions. If the material is not licensed under CC, authors must obtain permission through the proper channel.