[GOAL] Re: Copyright claims on early articles in society journals

[Pippa Smart]

Paul, you are correct, however there is copyright protection on typesetting
within the
UK (Typographic Right: it lasts 25 years from publication), I don't know if
there is a similar protection within the USA (and anyway these articles are
likely to be clear of this by now).
Pippa

On Tuesday, May 26, 2015, Paul Royster <proyster2 at unl.edu> wrote:

>  No. If copyright was not transferred by contract or agreement, the
> publisher has no claim or basis to prevent the author's re-use or
> redistribution (in the USA).
>
>
>
> There is no separate claim or rights on the publisher-produced printed
> edition or pdf. Copyright applies only to content, not to formatting.
>
>
>
> It does not matter who made the pdf, either. That is a mechanical process,
> devoid of the creative act required for copyright.
>
>
>
> Paul Royster
>
> Scholarly Communications, UNL Libraries
>
> 306 Love Library
>
> University of Nebraska-Lincoln
>
> 402 472-3628
>
> proyster at unl.edu <javascript:_e(%7B%7D,'cvml','proyster at unl.edu');>
>
> http://digitalcommons.unl.edu
>
>
>
> *From:* goal-bounces at eprints.org
> <javascript:_e(%7B%7D,'cvml','goal-bounces at eprints.org');> [mailto:
> goal-bounces at eprints.org
> <javascript:_e(%7B%7D,'cvml','goal-bounces at eprints.org');>] *On Behalf Of
> *Walker,Thomas J
> *Sent:* Tuesday, May 26, 2015 12:09 PM
> *To:* GOAL at eprints.org <javascript:_e(%7B%7D,'cvml','GOAL at eprints.org');>
> *Subject:* [GOAL] Copyright claims on early articles in society journals
>
>
>
> Once the Internet and the PDF format made it easy to do so, I made PDFs of
> all my published articles freely available on my department's server and
> have done so ever since.  Now 83 and emeritus, I decided it would be
> interesting to find out if the University of Florida could provide
> unrestricted access to PDF's of my journal articles in its institutional
> repository (IR at UF <http://ufdc.ufl.edu/ir>).  With one major exception,
> repository staff found few problems with posting the PDF files with a CC-BY
> rights statement.  That exception was 19 articles published from 1967
> through 1998 in journals of the Entomological Society of America (ESA).
>   Of the 19 articles, 13 were published before 1978, the year when ESA
> began requiring its authors (other than those working for the USDA) to sign
> copyright agreements.
>
>
>
> If the author of a  journal article did not sign a copyright agreement,
> does the publisher (ESA in this case) have the right to prohibit the author
> from providing open access to an author-made PDF of the article?
>
>
>
> ====================================
>
> Thomas J. Walker
>
> Department of Entomology & Nematology
>
> University of Florida, Gainesville, FL 32611-0620
>
> ====================================
>
>
>
>
>


-- 
Pippa

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Pippa Smart
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