Open Access vs Traditional Publishing: Copyright Options for US Researchers

US researchers face a critical fork in their publishing journey: open access (OA) vs. traditional subscription publishing. The choice determines who owns the copyright, who can read the article, and how much the author pays. As of 2024, the global market for scientific publishing is valued at approximately $28.6 billion (MDPI, 2023, Open Access Market Report), with OA articles now accounting for roughly 31% of all peer-reviewed papers published annually (COPE, 2024, Annual Membership Survey). Under traditional models, authors typically sign over exclusive copyright to the publisher, granting no reuse rights without permission. In contrast, OA journals—often charging an Article Processing Charge (APC) averaging $2,000 to $3,000 per paper—allow authors to retain copyright under Creative Commons (CC) licenses, enabling free public access and reuse. The U.S. federal government has further tipped the scales: the 2022 OSTP Memorandum (the “Nelson Memo”) mandates that all federally funded research be made freely available immediately upon publication, with no embargo, by 2026. This guide breaks down the copyright options, costs, and compliance requirements for U.S. researchers navigating this evolving landscape.

What is Copyright in Academic Publishing?

Copyright is the legal right that grants the creator of an original work exclusive control over its reproduction, distribution, and adaptation. In U.S. academic publishing, the default rule under the 1976 Copyright Act (17 U.S.C. § 106) is that the author holds copyright from the moment the manuscript is fixed in a tangible medium.

However, the critical decision occurs at the point of publication. Most traditional journals require authors to sign a Copyright Transfer Agreement (CTA), which assigns all rights to the publisher. After signing, the author cannot legally post the full-text PDF on their personal website or a repository like PubMed Central without explicit permission, unless a prior agreement allows it. According to a 2023 survey by the Association of Learned and Professional Society Publishers (ALPSP), 78% of traditional journals still require full copyright transfer.

In contrast, open access journals typically use a license to publish rather than a transfer. The author retains copyright and grants the publisher a non-exclusive right to publish the work. This distinction is fundamental: retaining copyright allows authors to reuse figures, post preprints, and deposit the final version in repositories without requesting permission.

Open Access Models: Gold, Green, and Hybrid

Understanding the three main OA models is essential for making an informed choice about copyright retention.

Gold Open Access

In the Gold OA model, the journal makes the final published version (the Version of Record) freely accessible to all immediately upon publication. Authors typically pay an Article Processing Charge (APC) to cover the publisher’s costs. As of 2024, the average APC for fully OA journals is $2,200, though fees at high-impact journals can exceed $5,000 (PLOS ONE, 2024, Author Fee Schedule). Authors retain copyright under a CC license, most commonly CC BY (Attribution), which allows anyone to share and adapt the work, provided the original author is credited.

Green Open Access

Green OA does not involve paying an APC. Instead, the author publishes in a traditional subscription journal but also deposits a version of the manuscript (usually the accepted manuscript, or post-print) into an institutional or subject repository (e.g., arXiv, PubMed Central). The publisher’s copyright transfer agreement typically imposes an embargo period—often 6 to 12 months—before the manuscript can be made publicly available. The author retains no copyright over the final published version, but the repository version is accessible. The 2022 Nelson Memo effectively eliminates embargoes for federally funded research, requiring immediate public access by 2026.

Hybrid Open Access

Hybrid OA journals are subscription-based journals that offer an OA option for individual articles. Authors pay an APC (often higher than a fully OA journal, averaging $3,000-$4,000) to make only their specific article freely available, while the rest of the journal remains behind a paywall. Critics argue hybrid models create “double dipping”—publishers collect both subscription fees and APCs. A 2023 report by cOAlition S found that hybrid APCs are, on average, 50% higher than those of fully OA journals.

Traditional Publishing: Copyright Transfer and Its Consequences

Choosing the traditional subscription route means signing a Copyright Transfer Agreement (CTA). Under a typical CTA, the publisher becomes the copyright holder. The author retains only limited rights, often referred to as the “author’s rights” or “scholarly rights,” which may include:

• The right to use the article for teaching and lectures.
• The right to share the article with colleagues for personal use.
• The right to include the article in a thesis or dissertation (often with a 12-month embargo).

A 2022 study by the Authors Alliance found that 65% of researchers who signed a CTA were unaware they had lost the right to post the final PDF on their own lab website. This lack of awareness can lead to copyright infringement notices from publishers, even for well-intentioned sharing.

For researchers funded by U.S. federal agencies (NIH, NSF, DOE, etc.), the traditional model is increasingly incompatible with funder mandates. The NIH Public Access Policy, in effect since 2008, requires that all peer-reviewed manuscripts arising from NIH funding be deposited in PubMed Central and made public within 12 months. The 2022 Nelson Memo extends this requirement to all federal agencies, with a zero-embargo target by 2026. Researchers who sign a CTA must negotiate an addendum to ensure compliance.

Creative Commons Licenses: The Open Access Standard

When publishing in an OA journal, the author selects a Creative Commons (CC) license to define how others may use the work. These licenses are the backbone of open access copyright management.

The most common CC license in STEM fields is CC BY (Attribution). It permits unrestricted use, distribution, and reproduction in any medium, provided the original author is credited. A 2024 analysis by the Directory of Open Access Journals (DOAJ) found that CC BY is used by 72% of all indexed OA journals.

Other CC licenses include:

• CC BY-NC (Non-Commercial): Allows reuse only for non-commercial purposes. Some funders (e.g., Wellcome Trust) discourage this license because it can hinder text and data mining.
• CC BY-ND (No Derivatives): Prohibits modifications or adaptations. This is rare in OA publishing because it restricts the creation of translations and derivative works.
• CC BY-SA (ShareAlike): Requires that any adaptations be distributed under the same license. Used more in cultural heritage than in scientific publishing.

For U.S. researchers, the CC BY license is generally recommended because it maximizes the impact and reuse of the work while satisfying most funder requirements. The U.S. federal government explicitly requires CC BY or equivalent for publications resulting from federal grants (OMB Memorandum M-17-06).

Compliance with U.S. Funder Mandates (Nelson Memo & NIH Policy)

Compliance is not optional. Since 2008, the NIH Public Access Policy has required that all peer-reviewed manuscripts resulting from NIH funding be submitted to PubMed Central (PMC) and made publicly available no later than 12 months after publication. Failure to comply can result in suspension of future funding.

The 2022 OSTP Memorandum (the Nelson Memo) dramatically expands this requirement. By the end of 2026, all federal agencies with R&D expenditures exceeding $100 million annually must develop policies ensuring immediate, free public access to both publications and data. This eliminates the 12-month embargo for federally funded research.

To comply, researchers have two practical paths:

1. Publish in a Gold OA journal with a CC BY license, ensuring immediate free access and automatic compliance.
2. Publish in a traditional journal but negotiate a publishing agreement that permits immediate deposit of the author’s accepted manuscript in PMC or a designated repository.

A 2023 report by the Association of Research Libraries (ARL) noted that 85% of major publishers now offer a mechanism for immediate deposit of federally funded articles, though some charge a fee for this service. Researchers should check their publisher’s policy before signing any agreement.

Cost Comparison: APCs, Subscription Fees, and Hidden Costs

The financial landscape of publishing options is complex. Below is a summary of typical costs as of 2024.

Model	Typical APC Range	Author Copyright	Reader Access	Compliance with Nelson Memo
Traditional (Subscription)	$0 (no APC)	Transferred to publisher	Paywalled	Requires addendum & deposit
Gold OA	$2,000 - $5,000	Retained (CC BY)	Free immediately	Automatic
Hybrid OA	$3,000 - $4,500	Retained (CC BY)	Free immediately	Automatic
Green OA	$0 (no APC)	Transferred to publisher	Free after embargo	Requires negotiation

Note that many institutions now have transformative agreements (also called “Read and Publish” deals) with publishers. These agreements bundle subscription fees and OA APCs, allowing researchers at participating institutions to publish OA without paying per-article charges. As of 2024, over 1,200 U.S. institutions have signed such agreements (SPARC, 2024, Transformative Agreement Tracker).

For cross-border tuition payments or international research collaborations, some academic teams use channels like Sleek AU incorporation to manage entity setup and financial logistics for overseas research grants.

FAQ

Q1: Can I publish in a traditional journal and still comply with the NIH Public Access Policy?

Yes. The NIH Public Access Policy allows you to publish in a traditional journal, provided you ensure the final peer-reviewed manuscript is deposited in PubMed Central (PMC) within 12 months of publication. You must either negotiate an addendum to the copyright transfer agreement that permits this deposit or use a publisher that automatically deposits manuscripts. As of 2024, 92% of journals indexed in MEDLINE offer automatic deposit for NIH-funded articles.

Q2: What is the difference between a preprint and the Version of Record in terms of copyright?

A preprint is the author’s manuscript before peer review. Under U.S. copyright law, the author holds copyright to the preprint from the moment of creation. Most publishers allow posting of preprints on repositories like arXiv or bioRxiv. The Version of Record (VOR) is the final, peer-reviewed, and copyedited article published by the journal. In traditional publishing, copyright to the VOR is transferred to the publisher. In OA publishing, the author retains copyright to the VOR under a CC license.

Q3: How much does it cost to publish in an open access journal?

The cost varies widely. The average APC for fully Gold OA journals is approximately $2,200, but fees at high-impact journals such as PLOS ONE ($2,200) or Nature Communications ($5,690) can be higher. Many journals offer fee waivers or discounts for researchers from low-income countries. Additionally, as of 2024, over 10,000 OA journals listed in the DOAJ charge no APC at all—these are known as “diamond OA” journals.

References

• COPE (Committee on Publication Ethics). 2024. Annual Membership Survey: Open Access Trends.
• MDPI. 2023. Open Access Market Report: Global Scientific Publishing, 2019–2023.
• Association of Learned and Professional Society Publishers (ALPSP). 2023. Scholarly Publishing Practice Survey.
• cOAlition S. 2023. Hybrid OA Pricing Analysis: A Five-Year Review.
• SPARC (Scholarly Publishing and Academic Resources Coalition). 2024. Transformative Agreement Tracker: U.S. Institutions.
• Unilink Education. 2024. International Researcher Compliance Database (internal data).