Copyright statement (US Government) in acknowledgments - what to do as a reviewer?











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I am currently reviewing a paper, which has this statement in the acknowledgements:




The United States Government retains and the publisher, by accepting
the article for publication, acknowledges that the United States
Government retains a non-exclusive, paid-up, irrevocable, world-wide
license to publish or reproduce the published form of this manuscript,
or allow other to do so, for United States Government purposes.
Source




As a reviewer, I could simply ignore it. However, it seems rather weird to me, since usually after acceptance you have to sign a form which deals with exactly this kind of right transfer / copyright etc. The editors and referees do not have any legal power over this anyway.



Does my role as a reviewer also include to mention this to the editor who should forward it to the publisher, or should I simply ignore it, on the risk that this statement potentially collides with the journal policies?










share|improve this question


















  • 2




    Clearly the author is a federal employee and their work is in the public domain: en.wikipedia.org/wiki/… The publisher is legally mandated to include such a disclaimer, see also law.resource.org/pub/us/works cendi.gov/publications/04-8copyright.html . Many publishers have their own language for this, see e.g. Springer "If you are employed by NIH" springer.com/gp/open-access/authors-rights/funder-compliance/…
    – Nemo
    8 hours ago












  • This isn't a transfer of copyright, this is a retention of a right already held.
    – Acccumulation
    7 hours ago










  • @Nemo That does not state that the work is in the public domain, it states that the U.S. government has a limited but perpetual license. And, while a good practice, a publisher is not required to include a disclaimer that a portion of the work in the final publication is in the public domain.
    – TimothyAWiseman
    4 hours ago















up vote
6
down vote

favorite












I am currently reviewing a paper, which has this statement in the acknowledgements:




The United States Government retains and the publisher, by accepting
the article for publication, acknowledges that the United States
Government retains a non-exclusive, paid-up, irrevocable, world-wide
license to publish or reproduce the published form of this manuscript,
or allow other to do so, for United States Government purposes.
Source




As a reviewer, I could simply ignore it. However, it seems rather weird to me, since usually after acceptance you have to sign a form which deals with exactly this kind of right transfer / copyright etc. The editors and referees do not have any legal power over this anyway.



Does my role as a reviewer also include to mention this to the editor who should forward it to the publisher, or should I simply ignore it, on the risk that this statement potentially collides with the journal policies?










share|improve this question


















  • 2




    Clearly the author is a federal employee and their work is in the public domain: en.wikipedia.org/wiki/… The publisher is legally mandated to include such a disclaimer, see also law.resource.org/pub/us/works cendi.gov/publications/04-8copyright.html . Many publishers have their own language for this, see e.g. Springer "If you are employed by NIH" springer.com/gp/open-access/authors-rights/funder-compliance/…
    – Nemo
    8 hours ago












  • This isn't a transfer of copyright, this is a retention of a right already held.
    – Acccumulation
    7 hours ago










  • @Nemo That does not state that the work is in the public domain, it states that the U.S. government has a limited but perpetual license. And, while a good practice, a publisher is not required to include a disclaimer that a portion of the work in the final publication is in the public domain.
    – TimothyAWiseman
    4 hours ago













up vote
6
down vote

favorite









up vote
6
down vote

favorite











I am currently reviewing a paper, which has this statement in the acknowledgements:




The United States Government retains and the publisher, by accepting
the article for publication, acknowledges that the United States
Government retains a non-exclusive, paid-up, irrevocable, world-wide
license to publish or reproduce the published form of this manuscript,
or allow other to do so, for United States Government purposes.
Source




As a reviewer, I could simply ignore it. However, it seems rather weird to me, since usually after acceptance you have to sign a form which deals with exactly this kind of right transfer / copyright etc. The editors and referees do not have any legal power over this anyway.



Does my role as a reviewer also include to mention this to the editor who should forward it to the publisher, or should I simply ignore it, on the risk that this statement potentially collides with the journal policies?










share|improve this question













I am currently reviewing a paper, which has this statement in the acknowledgements:




The United States Government retains and the publisher, by accepting
the article for publication, acknowledges that the United States
Government retains a non-exclusive, paid-up, irrevocable, world-wide
license to publish or reproduce the published form of this manuscript,
or allow other to do so, for United States Government purposes.
Source




As a reviewer, I could simply ignore it. However, it seems rather weird to me, since usually after acceptance you have to sign a form which deals with exactly this kind of right transfer / copyright etc. The editors and referees do not have any legal power over this anyway.



Does my role as a reviewer also include to mention this to the editor who should forward it to the publisher, or should I simply ignore it, on the risk that this statement potentially collides with the journal policies?







peer-review acknowledgement






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share|improve this question










asked 17 hours ago









traindriver

46457




46457








  • 2




    Clearly the author is a federal employee and their work is in the public domain: en.wikipedia.org/wiki/… The publisher is legally mandated to include such a disclaimer, see also law.resource.org/pub/us/works cendi.gov/publications/04-8copyright.html . Many publishers have their own language for this, see e.g. Springer "If you are employed by NIH" springer.com/gp/open-access/authors-rights/funder-compliance/…
    – Nemo
    8 hours ago












  • This isn't a transfer of copyright, this is a retention of a right already held.
    – Acccumulation
    7 hours ago










  • @Nemo That does not state that the work is in the public domain, it states that the U.S. government has a limited but perpetual license. And, while a good practice, a publisher is not required to include a disclaimer that a portion of the work in the final publication is in the public domain.
    – TimothyAWiseman
    4 hours ago














  • 2




    Clearly the author is a federal employee and their work is in the public domain: en.wikipedia.org/wiki/… The publisher is legally mandated to include such a disclaimer, see also law.resource.org/pub/us/works cendi.gov/publications/04-8copyright.html . Many publishers have their own language for this, see e.g. Springer "If you are employed by NIH" springer.com/gp/open-access/authors-rights/funder-compliance/…
    – Nemo
    8 hours ago












  • This isn't a transfer of copyright, this is a retention of a right already held.
    – Acccumulation
    7 hours ago










  • @Nemo That does not state that the work is in the public domain, it states that the U.S. government has a limited but perpetual license. And, while a good practice, a publisher is not required to include a disclaimer that a portion of the work in the final publication is in the public domain.
    – TimothyAWiseman
    4 hours ago








2




2




Clearly the author is a federal employee and their work is in the public domain: en.wikipedia.org/wiki/… The publisher is legally mandated to include such a disclaimer, see also law.resource.org/pub/us/works cendi.gov/publications/04-8copyright.html . Many publishers have their own language for this, see e.g. Springer "If you are employed by NIH" springer.com/gp/open-access/authors-rights/funder-compliance/…
– Nemo
8 hours ago






Clearly the author is a federal employee and their work is in the public domain: en.wikipedia.org/wiki/… The publisher is legally mandated to include such a disclaimer, see also law.resource.org/pub/us/works cendi.gov/publications/04-8copyright.html . Many publishers have their own language for this, see e.g. Springer "If you are employed by NIH" springer.com/gp/open-access/authors-rights/funder-compliance/…
– Nemo
8 hours ago














This isn't a transfer of copyright, this is a retention of a right already held.
– Acccumulation
7 hours ago




This isn't a transfer of copyright, this is a retention of a right already held.
– Acccumulation
7 hours ago












@Nemo That does not state that the work is in the public domain, it states that the U.S. government has a limited but perpetual license. And, while a good practice, a publisher is not required to include a disclaimer that a portion of the work in the final publication is in the public domain.
– TimothyAWiseman
4 hours ago




@Nemo That does not state that the work is in the public domain, it states that the U.S. government has a limited but perpetual license. And, while a good practice, a publisher is not required to include a disclaimer that a portion of the work in the final publication is in the public domain.
– TimothyAWiseman
4 hours ago










4 Answers
4






active

oldest

votes

















up vote
34
down vote













The article (i.e. its contents and references) are within your remit as a reviewer.



Checking copyright details and investigating any the legal ramifications will not be relevant to the review you should be doing.






share|improve this answer



















  • 2




    Right, the arrangement between authors and journal is for them to handle. In fact, except in rare cases, I see little need to comment on the comments of the acknowledgements section.
    – Anyon
    15 hours ago


















up vote
15
down vote













You can mention it to the editor in your report, but you do not need to. Your job is to evaluate the correctness and other merits of the manuscript's contents, not to deal with issues such as copyrights. Those are the job of the editorial staff. Moreover, the editors and publisher are probably experienced in dealing with the copyright requirements of government employees and should know to be on the lookout for situations like this.



If you want to mention it, I would suggest saying something like:




I noticed an statement about copyright in the acknowledgements, something that I had never seen before. I just wanted to bring this to your attention so it does not get missed.







share|improve this answer




























    up vote
    8
    down vote













    I think it is pretty unlikely that the editor isn't already aware of this, but, yes, you should mention it somewhere in your report to the editor. It amounts to a restriction on what the publisher can claim as "reserved rights".



    It says, in effect, that if the publisher, accepts this article (and obtains its copyright) the publisher must thereby grant the U.S. Government a license of a certain sort. This means a conditional transfer of copyright.



    My guess is that this is fairly standard for work produced by the government and in some cases, work produced by others on government grants. The government doesn't want to create a work and then have to pay to use it internally (i.e. for U.S. Government purposes).






    share|improve this answer



















    • 2




      As an FYI if the US Government pays for something to be created, it can be illegal for the government to pay for access it (Intellectual property law varies across US Government agencies).
      – Richard Erickson
      15 hours ago






    • 5




      You are right -- this is fairly standard for work performed under government contract. It's likely also applicable for a fair amount of grant-funded work as well. Note in particular that the license only extends to government-purpose use -- it does not grant them permission to further publish or resell it.
      – Tristan
      14 hours ago










    • Yeah, your guess is correct. This is completely normal and required by law.
      – reirab
      4 hours ago


















    up vote
    7
    down vote













    It is your prerogative what to do about this, but it is not your legal duty to review the copyright procedure. It is a publisher's legal duty.



    What you mention about standard procedure about copyright transfer agreements or licenses is not obvious, given that it's dependent on the publisher's procedure what this entails. Open access publishers, for example, do not require any transfer or exclusive license. Most publishers share their procedures online, but most do not check this (nor is comprehension of these agreements obvious, see also this study)



    U.S. federal works are not copyrightable under 17 U.S.C. § 105, so it makes perfect sense the authors state this if they are federal employees. Previously, works by federal employees (for example Barack Obama in Science) have had their copyright claimed by publishers upon publication, which is against this law.






    share|improve this answer










    New contributor




    Chris Hartgerink is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
    Check out our Code of Conduct.














    • 2




      As an FYI, journals own the formatting of US Government works (e.g., the formatted PDF version of the article), but the content is non-copyrightable. For example, one can reuse the text and figures or re-distribute the manuscript version (non-formated text), but one often cannot re-distribute the journal's PDF of the article.
      – Richard Erickson
      15 hours ago










    • Along with @RichardErickson comment, there may be trademark rights in the formatted article that the Government and public does not receive unlimited rights to exploit. This would be the name and logo of the publication, and also things like distinctive colors, art and formatting on the page.
      – user71659
      10 hours ago










    • You could improve this by being more specific. Works by the federal government are not copyrightable. It makes perfect sense for a publication to note that. But the statement in question here does not say that it is a federal work or is not protected by copyright. That would require a different statement.
      – TimothyAWiseman
      4 hours ago











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    4 Answers
    4






    active

    oldest

    votes








    4 Answers
    4






    active

    oldest

    votes









    active

    oldest

    votes






    active

    oldest

    votes








    up vote
    34
    down vote













    The article (i.e. its contents and references) are within your remit as a reviewer.



    Checking copyright details and investigating any the legal ramifications will not be relevant to the review you should be doing.






    share|improve this answer



















    • 2




      Right, the arrangement between authors and journal is for them to handle. In fact, except in rare cases, I see little need to comment on the comments of the acknowledgements section.
      – Anyon
      15 hours ago















    up vote
    34
    down vote













    The article (i.e. its contents and references) are within your remit as a reviewer.



    Checking copyright details and investigating any the legal ramifications will not be relevant to the review you should be doing.






    share|improve this answer



















    • 2




      Right, the arrangement between authors and journal is for them to handle. In fact, except in rare cases, I see little need to comment on the comments of the acknowledgements section.
      – Anyon
      15 hours ago













    up vote
    34
    down vote










    up vote
    34
    down vote









    The article (i.e. its contents and references) are within your remit as a reviewer.



    Checking copyright details and investigating any the legal ramifications will not be relevant to the review you should be doing.






    share|improve this answer














    The article (i.e. its contents and references) are within your remit as a reviewer.



    Checking copyright details and investigating any the legal ramifications will not be relevant to the review you should be doing.







    share|improve this answer














    share|improve this answer



    share|improve this answer








    edited 15 hours ago









    Buzz

    14.2k94574




    14.2k94574










    answered 16 hours ago









    Solar Mike

    11.9k52348




    11.9k52348








    • 2




      Right, the arrangement between authors and journal is for them to handle. In fact, except in rare cases, I see little need to comment on the comments of the acknowledgements section.
      – Anyon
      15 hours ago














    • 2




      Right, the arrangement between authors and journal is for them to handle. In fact, except in rare cases, I see little need to comment on the comments of the acknowledgements section.
      – Anyon
      15 hours ago








    2




    2




    Right, the arrangement between authors and journal is for them to handle. In fact, except in rare cases, I see little need to comment on the comments of the acknowledgements section.
    – Anyon
    15 hours ago




    Right, the arrangement between authors and journal is for them to handle. In fact, except in rare cases, I see little need to comment on the comments of the acknowledgements section.
    – Anyon
    15 hours ago










    up vote
    15
    down vote













    You can mention it to the editor in your report, but you do not need to. Your job is to evaluate the correctness and other merits of the manuscript's contents, not to deal with issues such as copyrights. Those are the job of the editorial staff. Moreover, the editors and publisher are probably experienced in dealing with the copyright requirements of government employees and should know to be on the lookout for situations like this.



    If you want to mention it, I would suggest saying something like:




    I noticed an statement about copyright in the acknowledgements, something that I had never seen before. I just wanted to bring this to your attention so it does not get missed.







    share|improve this answer

























      up vote
      15
      down vote













      You can mention it to the editor in your report, but you do not need to. Your job is to evaluate the correctness and other merits of the manuscript's contents, not to deal with issues such as copyrights. Those are the job of the editorial staff. Moreover, the editors and publisher are probably experienced in dealing with the copyright requirements of government employees and should know to be on the lookout for situations like this.



      If you want to mention it, I would suggest saying something like:




      I noticed an statement about copyright in the acknowledgements, something that I had never seen before. I just wanted to bring this to your attention so it does not get missed.







      share|improve this answer























        up vote
        15
        down vote










        up vote
        15
        down vote









        You can mention it to the editor in your report, but you do not need to. Your job is to evaluate the correctness and other merits of the manuscript's contents, not to deal with issues such as copyrights. Those are the job of the editorial staff. Moreover, the editors and publisher are probably experienced in dealing with the copyright requirements of government employees and should know to be on the lookout for situations like this.



        If you want to mention it, I would suggest saying something like:




        I noticed an statement about copyright in the acknowledgements, something that I had never seen before. I just wanted to bring this to your attention so it does not get missed.







        share|improve this answer












        You can mention it to the editor in your report, but you do not need to. Your job is to evaluate the correctness and other merits of the manuscript's contents, not to deal with issues such as copyrights. Those are the job of the editorial staff. Moreover, the editors and publisher are probably experienced in dealing with the copyright requirements of government employees and should know to be on the lookout for situations like this.



        If you want to mention it, I would suggest saying something like:




        I noticed an statement about copyright in the acknowledgements, something that I had never seen before. I just wanted to bring this to your attention so it does not get missed.








        share|improve this answer












        share|improve this answer



        share|improve this answer










        answered 17 hours ago









        Buzz

        14.2k94574




        14.2k94574






















            up vote
            8
            down vote













            I think it is pretty unlikely that the editor isn't already aware of this, but, yes, you should mention it somewhere in your report to the editor. It amounts to a restriction on what the publisher can claim as "reserved rights".



            It says, in effect, that if the publisher, accepts this article (and obtains its copyright) the publisher must thereby grant the U.S. Government a license of a certain sort. This means a conditional transfer of copyright.



            My guess is that this is fairly standard for work produced by the government and in some cases, work produced by others on government grants. The government doesn't want to create a work and then have to pay to use it internally (i.e. for U.S. Government purposes).






            share|improve this answer



















            • 2




              As an FYI if the US Government pays for something to be created, it can be illegal for the government to pay for access it (Intellectual property law varies across US Government agencies).
              – Richard Erickson
              15 hours ago






            • 5




              You are right -- this is fairly standard for work performed under government contract. It's likely also applicable for a fair amount of grant-funded work as well. Note in particular that the license only extends to government-purpose use -- it does not grant them permission to further publish or resell it.
              – Tristan
              14 hours ago










            • Yeah, your guess is correct. This is completely normal and required by law.
              – reirab
              4 hours ago















            up vote
            8
            down vote













            I think it is pretty unlikely that the editor isn't already aware of this, but, yes, you should mention it somewhere in your report to the editor. It amounts to a restriction on what the publisher can claim as "reserved rights".



            It says, in effect, that if the publisher, accepts this article (and obtains its copyright) the publisher must thereby grant the U.S. Government a license of a certain sort. This means a conditional transfer of copyright.



            My guess is that this is fairly standard for work produced by the government and in some cases, work produced by others on government grants. The government doesn't want to create a work and then have to pay to use it internally (i.e. for U.S. Government purposes).






            share|improve this answer



















            • 2




              As an FYI if the US Government pays for something to be created, it can be illegal for the government to pay for access it (Intellectual property law varies across US Government agencies).
              – Richard Erickson
              15 hours ago






            • 5




              You are right -- this is fairly standard for work performed under government contract. It's likely also applicable for a fair amount of grant-funded work as well. Note in particular that the license only extends to government-purpose use -- it does not grant them permission to further publish or resell it.
              – Tristan
              14 hours ago










            • Yeah, your guess is correct. This is completely normal and required by law.
              – reirab
              4 hours ago













            up vote
            8
            down vote










            up vote
            8
            down vote









            I think it is pretty unlikely that the editor isn't already aware of this, but, yes, you should mention it somewhere in your report to the editor. It amounts to a restriction on what the publisher can claim as "reserved rights".



            It says, in effect, that if the publisher, accepts this article (and obtains its copyright) the publisher must thereby grant the U.S. Government a license of a certain sort. This means a conditional transfer of copyright.



            My guess is that this is fairly standard for work produced by the government and in some cases, work produced by others on government grants. The government doesn't want to create a work and then have to pay to use it internally (i.e. for U.S. Government purposes).






            share|improve this answer














            I think it is pretty unlikely that the editor isn't already aware of this, but, yes, you should mention it somewhere in your report to the editor. It amounts to a restriction on what the publisher can claim as "reserved rights".



            It says, in effect, that if the publisher, accepts this article (and obtains its copyright) the publisher must thereby grant the U.S. Government a license of a certain sort. This means a conditional transfer of copyright.



            My guess is that this is fairly standard for work produced by the government and in some cases, work produced by others on government grants. The government doesn't want to create a work and then have to pay to use it internally (i.e. for U.S. Government purposes).







            share|improve this answer














            share|improve this answer



            share|improve this answer








            edited 15 hours ago









            Buzz

            14.2k94574




            14.2k94574










            answered 17 hours ago









            Buffy

            33.8k7105174




            33.8k7105174








            • 2




              As an FYI if the US Government pays for something to be created, it can be illegal for the government to pay for access it (Intellectual property law varies across US Government agencies).
              – Richard Erickson
              15 hours ago






            • 5




              You are right -- this is fairly standard for work performed under government contract. It's likely also applicable for a fair amount of grant-funded work as well. Note in particular that the license only extends to government-purpose use -- it does not grant them permission to further publish or resell it.
              – Tristan
              14 hours ago










            • Yeah, your guess is correct. This is completely normal and required by law.
              – reirab
              4 hours ago














            • 2




              As an FYI if the US Government pays for something to be created, it can be illegal for the government to pay for access it (Intellectual property law varies across US Government agencies).
              – Richard Erickson
              15 hours ago






            • 5




              You are right -- this is fairly standard for work performed under government contract. It's likely also applicable for a fair amount of grant-funded work as well. Note in particular that the license only extends to government-purpose use -- it does not grant them permission to further publish or resell it.
              – Tristan
              14 hours ago










            • Yeah, your guess is correct. This is completely normal and required by law.
              – reirab
              4 hours ago








            2




            2




            As an FYI if the US Government pays for something to be created, it can be illegal for the government to pay for access it (Intellectual property law varies across US Government agencies).
            – Richard Erickson
            15 hours ago




            As an FYI if the US Government pays for something to be created, it can be illegal for the government to pay for access it (Intellectual property law varies across US Government agencies).
            – Richard Erickson
            15 hours ago




            5




            5




            You are right -- this is fairly standard for work performed under government contract. It's likely also applicable for a fair amount of grant-funded work as well. Note in particular that the license only extends to government-purpose use -- it does not grant them permission to further publish or resell it.
            – Tristan
            14 hours ago




            You are right -- this is fairly standard for work performed under government contract. It's likely also applicable for a fair amount of grant-funded work as well. Note in particular that the license only extends to government-purpose use -- it does not grant them permission to further publish or resell it.
            – Tristan
            14 hours ago












            Yeah, your guess is correct. This is completely normal and required by law.
            – reirab
            4 hours ago




            Yeah, your guess is correct. This is completely normal and required by law.
            – reirab
            4 hours ago










            up vote
            7
            down vote













            It is your prerogative what to do about this, but it is not your legal duty to review the copyright procedure. It is a publisher's legal duty.



            What you mention about standard procedure about copyright transfer agreements or licenses is not obvious, given that it's dependent on the publisher's procedure what this entails. Open access publishers, for example, do not require any transfer or exclusive license. Most publishers share their procedures online, but most do not check this (nor is comprehension of these agreements obvious, see also this study)



            U.S. federal works are not copyrightable under 17 U.S.C. § 105, so it makes perfect sense the authors state this if they are federal employees. Previously, works by federal employees (for example Barack Obama in Science) have had their copyright claimed by publishers upon publication, which is against this law.






            share|improve this answer










            New contributor




            Chris Hartgerink is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.














            • 2




              As an FYI, journals own the formatting of US Government works (e.g., the formatted PDF version of the article), but the content is non-copyrightable. For example, one can reuse the text and figures or re-distribute the manuscript version (non-formated text), but one often cannot re-distribute the journal's PDF of the article.
              – Richard Erickson
              15 hours ago










            • Along with @RichardErickson comment, there may be trademark rights in the formatted article that the Government and public does not receive unlimited rights to exploit. This would be the name and logo of the publication, and also things like distinctive colors, art and formatting on the page.
              – user71659
              10 hours ago










            • You could improve this by being more specific. Works by the federal government are not copyrightable. It makes perfect sense for a publication to note that. But the statement in question here does not say that it is a federal work or is not protected by copyright. That would require a different statement.
              – TimothyAWiseman
              4 hours ago















            up vote
            7
            down vote













            It is your prerogative what to do about this, but it is not your legal duty to review the copyright procedure. It is a publisher's legal duty.



            What you mention about standard procedure about copyright transfer agreements or licenses is not obvious, given that it's dependent on the publisher's procedure what this entails. Open access publishers, for example, do not require any transfer or exclusive license. Most publishers share their procedures online, but most do not check this (nor is comprehension of these agreements obvious, see also this study)



            U.S. federal works are not copyrightable under 17 U.S.C. § 105, so it makes perfect sense the authors state this if they are federal employees. Previously, works by federal employees (for example Barack Obama in Science) have had their copyright claimed by publishers upon publication, which is against this law.






            share|improve this answer










            New contributor




            Chris Hartgerink is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.














            • 2




              As an FYI, journals own the formatting of US Government works (e.g., the formatted PDF version of the article), but the content is non-copyrightable. For example, one can reuse the text and figures or re-distribute the manuscript version (non-formated text), but one often cannot re-distribute the journal's PDF of the article.
              – Richard Erickson
              15 hours ago










            • Along with @RichardErickson comment, there may be trademark rights in the formatted article that the Government and public does not receive unlimited rights to exploit. This would be the name and logo of the publication, and also things like distinctive colors, art and formatting on the page.
              – user71659
              10 hours ago










            • You could improve this by being more specific. Works by the federal government are not copyrightable. It makes perfect sense for a publication to note that. But the statement in question here does not say that it is a federal work or is not protected by copyright. That would require a different statement.
              – TimothyAWiseman
              4 hours ago













            up vote
            7
            down vote










            up vote
            7
            down vote









            It is your prerogative what to do about this, but it is not your legal duty to review the copyright procedure. It is a publisher's legal duty.



            What you mention about standard procedure about copyright transfer agreements or licenses is not obvious, given that it's dependent on the publisher's procedure what this entails. Open access publishers, for example, do not require any transfer or exclusive license. Most publishers share their procedures online, but most do not check this (nor is comprehension of these agreements obvious, see also this study)



            U.S. federal works are not copyrightable under 17 U.S.C. § 105, so it makes perfect sense the authors state this if they are federal employees. Previously, works by federal employees (for example Barack Obama in Science) have had their copyright claimed by publishers upon publication, which is against this law.






            share|improve this answer










            New contributor




            Chris Hartgerink is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.









            It is your prerogative what to do about this, but it is not your legal duty to review the copyright procedure. It is a publisher's legal duty.



            What you mention about standard procedure about copyright transfer agreements or licenses is not obvious, given that it's dependent on the publisher's procedure what this entails. Open access publishers, for example, do not require any transfer or exclusive license. Most publishers share their procedures online, but most do not check this (nor is comprehension of these agreements obvious, see also this study)



            U.S. federal works are not copyrightable under 17 U.S.C. § 105, so it makes perfect sense the authors state this if they are federal employees. Previously, works by federal employees (for example Barack Obama in Science) have had their copyright claimed by publishers upon publication, which is against this law.







            share|improve this answer










            New contributor




            Chris Hartgerink is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.









            share|improve this answer



            share|improve this answer








            edited 15 hours ago









            Buzz

            14.2k94574




            14.2k94574






            New contributor




            Chris Hartgerink is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.









            answered 16 hours ago









            Chris Hartgerink

            1912




            1912




            New contributor




            Chris Hartgerink is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.





            New contributor





            Chris Hartgerink is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.






            Chris Hartgerink is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
            Check out our Code of Conduct.








            • 2




              As an FYI, journals own the formatting of US Government works (e.g., the formatted PDF version of the article), but the content is non-copyrightable. For example, one can reuse the text and figures or re-distribute the manuscript version (non-formated text), but one often cannot re-distribute the journal's PDF of the article.
              – Richard Erickson
              15 hours ago










            • Along with @RichardErickson comment, there may be trademark rights in the formatted article that the Government and public does not receive unlimited rights to exploit. This would be the name and logo of the publication, and also things like distinctive colors, art and formatting on the page.
              – user71659
              10 hours ago










            • You could improve this by being more specific. Works by the federal government are not copyrightable. It makes perfect sense for a publication to note that. But the statement in question here does not say that it is a federal work or is not protected by copyright. That would require a different statement.
              – TimothyAWiseman
              4 hours ago














            • 2




              As an FYI, journals own the formatting of US Government works (e.g., the formatted PDF version of the article), but the content is non-copyrightable. For example, one can reuse the text and figures or re-distribute the manuscript version (non-formated text), but one often cannot re-distribute the journal's PDF of the article.
              – Richard Erickson
              15 hours ago










            • Along with @RichardErickson comment, there may be trademark rights in the formatted article that the Government and public does not receive unlimited rights to exploit. This would be the name and logo of the publication, and also things like distinctive colors, art and formatting on the page.
              – user71659
              10 hours ago










            • You could improve this by being more specific. Works by the federal government are not copyrightable. It makes perfect sense for a publication to note that. But the statement in question here does not say that it is a federal work or is not protected by copyright. That would require a different statement.
              – TimothyAWiseman
              4 hours ago








            2




            2




            As an FYI, journals own the formatting of US Government works (e.g., the formatted PDF version of the article), but the content is non-copyrightable. For example, one can reuse the text and figures or re-distribute the manuscript version (non-formated text), but one often cannot re-distribute the journal's PDF of the article.
            – Richard Erickson
            15 hours ago




            As an FYI, journals own the formatting of US Government works (e.g., the formatted PDF version of the article), but the content is non-copyrightable. For example, one can reuse the text and figures or re-distribute the manuscript version (non-formated text), but one often cannot re-distribute the journal's PDF of the article.
            – Richard Erickson
            15 hours ago












            Along with @RichardErickson comment, there may be trademark rights in the formatted article that the Government and public does not receive unlimited rights to exploit. This would be the name and logo of the publication, and also things like distinctive colors, art and formatting on the page.
            – user71659
            10 hours ago




            Along with @RichardErickson comment, there may be trademark rights in the formatted article that the Government and public does not receive unlimited rights to exploit. This would be the name and logo of the publication, and also things like distinctive colors, art and formatting on the page.
            – user71659
            10 hours ago












            You could improve this by being more specific. Works by the federal government are not copyrightable. It makes perfect sense for a publication to note that. But the statement in question here does not say that it is a federal work or is not protected by copyright. That would require a different statement.
            – TimothyAWiseman
            4 hours ago




            You could improve this by being more specific. Works by the federal government are not copyrightable. It makes perfect sense for a publication to note that. But the statement in question here does not say that it is a federal work or is not protected by copyright. That would require a different statement.
            – TimothyAWiseman
            4 hours ago


















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