[GOAL] Re: Permissions attaching to pre-publication material

[Wise, Alicia (ELS-OXF)]

Hi Peter,

 

This article was published by Elsevier, and written by an NIH employee.
The work of US government employees does not attract copyright in the
US, and so the manuscript is indeed in the public domain.  We would,
however, suggest that you contact the authors as this is in any case
polite but there also could be restrictions on the use of the images.

 

With kind wishes,

 

Alicia 

 

 

Dr Alicia Wise

Director of Universal Access

Elsevier I The Boulevard I Langford Lane I Kidlington I Oxford I OX5 1GB

P: +44 (0)1865 843317 I M: +44 (0) 7823 536 826 I E: a.wise at elsevier.com
I 

Twitter: @wisealic

 

 

 

From: goal-bounces at eprints.org [mailto:goal-bounces at eprints.org] On
Behalf Of Peter Murray-Rust
Sent: 13 February 2012 09:08
To: Global Open Access List (Successor of AmSci)
Subject: [GOAL] Permissions attaching to pre-publication material

 

As part of a project to automate the collection of Libre scholarly
publications and Libre material
(http://wiki.okfn.org/Working_Groups/access/website ) I would be
grateful if list members could offer clarification on whether a
particular type of publication is Libre (BOAI-compliant). The manuscript
in Pubmed referenced by http://www.ncbi.nlm.nih.gov/pubmed/18442920
states:

Footnotes

This is a PDF file of an unedited manuscript that has been accepted for
publication. As a service to our customers we are providing this early
version of the manuscript. The manuscript will undergo copyediting,
typesetting, and review of the resulting proof before it is published in
its final citable form. Please note that during the production process
errors may be discovered which could affect the content, and all legal
disclaimers that apply to the journal pertain.

It is also labelled NIHPA Author Manuscripts
<http://www.ncbi.nlm.nih.gov/pmc/?term=nih%20author%20manuscript%5bfilte
r%5d&sort=SortDate&db=pmc&cmd=search&EntrezSystem2.PEntrez.Pmc.Pmc_Limit
sTab.LimitsOff=true>  

(A) Can I assume that this manuscript is pre-publication and therefore
the copyright resides with the authors and that the publisher can claim
no rights over anything in this manuscript, including images. (I'd like
definitive statements, not logical deductions, please)

(B) since it is a work of the US Government can I also assume it is in
the public domain and therefore free of copyright? 

This is useful to our group in many ways even if it is not the final
publisher manuscript - for examples the images would be fully re-usable.


I am aware that even though it does not belong to any publisher , I am
not allowed to bulk download these manuscripts as the publishers place
that restriction on Pubmed. We have alternative approaches.

P.


-- 
Peter Murray-Rust
Reader in Molecular Informatics
Unilever Centre, Dep. Of Chemistry
University of Cambridge
CB2 1EW, UK
+44-1223-763069


Elsevier Limited. Registered Office: The Boulevard, Langford Lane, Kidlington, Oxford, OX5 1GB, United Kingdom, Registration No. 1982084 (England and Wales).

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