Whether or not you have the power to grant permission depends on the publication date of the article. The period of exclusivity set forth in the current license agreements (2020) states:
"This license shall be exclusive from the date of acceptance of the Article by the Journal through 30 days after publication in the Journal, and shall be nonexclusive for the remaining term of the copyright.
During the editorial and cite checking process after the Article is accepted by the Journal, you may post the version of the Article you submitted to the Journal and/or the version of the Article that has gone through the first round of substantive edits on your web page, in your institution’s open access online repository, and/or in SSRN. The version of the Article so posted must be cited as forthcoming in the Journal.
After the article has been published in the Journal, you may also, during the period of the Journal’s exclusive license, post the published version of the Article on your web page, in your institution’s open access online repository, and/or in SSRN, provided that the Article is fully cited as published in the Journal.
In all other cases, you must obtain the Journal’s express written permission to publish the Article anywhere else during the period of the Journal’s exclusive license."
If permission is being requested to reprint an article that falls within the period of exclusivity, then it is up to the Journal to decide. If the requestor is NOT the author of the article, it is also recommended that the requestor get the author's consent to this use of their article.
If permission is being requested to reprint an article that does NOT fall within the period of exclusivity, and the article was published between 2010 and now, the author retains the copyright, and the requestor must get their permission. The Journal's permission is not required, but it is still advisable that the Journal ask for the citation to the article's original publication in the Journal be included in the reprinting of the article.
* In all cases, you should assume the author retains the copyright and should be the one to ultimately grant permission. You should also request that the reproduction of the work includes a citation to the article's original publication in your Journal.
[ex: This work (or portions of this work) were originally published as:
Ryan M. Scoville, Legislative Diplomacy, 112 Mich. L. Rev. 331 (2013). ]
