Copyright statement (US Government) in acknowledgments - what to do as a reviewer?
up vote
6
down vote
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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?
peer-review acknowledgement
add a comment |
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?
peer-review acknowledgement
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
add a comment |
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?
peer-review acknowledgement
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
peer-review acknowledgement
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
add a comment |
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
add a comment |
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.
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
add a comment |
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.
add a comment |
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).
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
add a comment |
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.
New contributor
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
add a comment |
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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.
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
add a comment |
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.
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
add a comment |
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.
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.
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
add a comment |
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
add a comment |
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.
add a comment |
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.
add a comment |
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.
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.
answered 17 hours ago
Buzz
14.2k94574
14.2k94574
add a comment |
add a comment |
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).
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
add a comment |
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).
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
add a comment |
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).
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).
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
add a comment |
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
add a comment |
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.
New contributor
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
add a comment |
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.
New contributor
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
add a comment |
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.
New contributor
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.
New contributor
edited 15 hours ago
Buzz
14.2k94574
14.2k94574
New contributor
answered 16 hours ago
Chris Hartgerink
1912
1912
New contributor
New contributor
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
add a comment |
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
add a comment |
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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