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

Fri Feb 17 10:11:16 GMT 2012

Hi Peter,

For a description of what the Universal Access team does at Elsevier,
please could I direct you to a recent interview with Richard Poyndor at
http://poynder.blogspot.com/2012/02/elseviers-alicia-wise-on-rwa-west-wi
ng.html.  I can indeed help with content mining policy queries, and can
get you pointed in the right direction for other queries.  I've picked
up that you are a bit (!!) cross with us about text mining, and would be
very happy to arrange a call for you and our relevant people.  It
appears that in the past we have connected you with the app marketplace
team rather than the text mining teams.  Please email me directly at
a.wise at elsevier.com if you would like for me to set this up?  Thanks.

Regarding the manuscript - you asked whether the language you cite
originated with Elsevier.  We have various agreements with NIH, so
either the lawyers for NIH or the lawyers for Elsevier came up with this
language.  This footnote looks like a standard bit of text that may
appear on all the manuscripts we deposit in PMC on behalf of authors - I
would need to check.  The intention of such a footnote would be to
signal to the reader that they are looking at something other than the
final version of the article.  

With kind wishes,

Alicia

From: goal-bounces at eprints.org [mailto:goal-bounces at eprints.org] On
Behalf Of Peter Murray-Rust
Sent: 15 February 2012 08:57
To: Global Open Access List (Successor of AmSci);
open-access at lists.okfn.org
Subject: [GOAL] Re: Permissions attaching to pre-publication material

On Wed, Feb 15, 2012 at 5:58 AM, Wise, Alicia (ELS-OXF)
<A.Wise at elsevier.com> wrote:

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.

Thank you for  answering this initial question quickly and clearly. I
note that you are "Director of Universal Access". As you may know I have
found it almost impossible to get timely and useful information from
Elsevier. Can I assume that Universal Access offers a formal contact
point where readers and potential authors can expect to get questions on
contractual and legal issues answered. Can I also assume that the Office
of Universal Access was responsible for the document:
http://www.elsevier.com/wps/find/intro.cws_home/contentmining and that
if I direct questions to your office I can expect replies.

The manuscript that you agree is Public Domain contains the phrase:

"

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.
"

Could you indicate whether this phrase originated in part or whole with
Elsevier. It seems very unlikely to have been written by the author - he
does not have "customers". It seems unlikely that the NIH's Pubmed
facility has inserted this as the phraseology "our customers" seems out
of place. 

Therefore I am assuming that this "unedited manuscript" actually
contains material inserted by Elsevier. Could you indicate whether
Elsevier "requires" authors or Pubmed to insert additional information
or phraseology into the "author's manuscript".

I would also be grateful to know what "Universal Access" is, and where
it is defined.

Peter Murray-Rust

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 <tel:%2B44%20%280%291865%20843317>  I M:
+44 (0) 7823 536 826 <tel:%2B44%20%280%29%207823%20536%20826>  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 <tel:%2B44-1223-763069> 

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

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-- 
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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