Re: Who Should Own Scientific Papers?

From: Bert Boyce <lsboyc[_at_]lsuvm.sncc.lsu.edu>
Date: Tue, 22 Sep 1998 13:58:49 -0500

On 9/21/98, Stacey Dogan <s.dogan[_at_]nunet.neu.edu> wrote:
>
> Does anyone have information on how this works in practice? How stingy
> are journals, publishers, etc., about giving authors licenses to prepare
> derivative works based on their own scholarship?

     I am including an exerpt from the new and revised John Wiley form for _JASIS_ (a publication with which I have a contractual relationship) to compare with that provided on Sept. 18 by Michael A Scarpitti for _Materials Evaluation_. As you will see the rights of reuse of the materials are not as strong as _Materials Evaluation_, but do cover later books and classroom use. There is considerable variation, and many publishers are currently rethinking.

                                        BRB        

Bert R. Boyce, Professor & Dean
School of Library & Information Science
Louisiana State University
267 Coates Hall
Baton Rouge, LA 70803

     (504)388-3158
FAX: (504)388-4581
LSBOYC[_at_]LSUVM.sncc.lsu.edu

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"(JASIS) (the "Journal") published by John Wiley & Sons, Inc. ("Wiley").

Dear Contributor(s):

Thank you for submitting your Contribution for publication. In order to expedite the publishing process and enable Wiley to disseminate your work to the fullest extent, we need to have this Copyright Transfer Agreement signed and returned to us as soon as possible. If the Contribution is not accepted for publication this Agreement shall be null and void.

1. COPYRIGHT
2. The Contributor hereby transfers to Wiley, during the full term of copyright and any extensions or renewals of that term, all copyright in and to the Contribution, including but not limited to the right to publish, republish, transmit, sell, distribute and otherwise use the Contribution and the material contained therein in electronic and print editions of the Journal and in derivative works throughout the world, in all languages and in all media of expression now known or later developed, and to license or permit others to do so.
3. Reproduction, posting, transmission or other distribution or use of the Contribution or any material contained therein, in any medium as permitted hereunder, requires a citation to the Journal and an appropriate credit to Wiley as Publisher, suitable in form and content as follows: (Title of Article, Author, Journal Title and Volume/Issue Copyright @ [year] John Wiley & Sons, Inc. or copyright owner as specified in the Journal).
4. RETAINED RIGHTS

Notwithstanding the above, the Contributor or, if applicable, the Contributor's Employer, retains all proprietary rights other than copyright, such as patent rights, in any process, procedure or article of manufacture described in the Contribution, and the right to make oral presentations of material from the Contribution.

 C. OTHER RIGHTS OF CONTRIBUTOR Wiley grants back to the Contributor the following:

1. The right to share with colleagues print or electronic "preprints" of the unpublished Contribution, in form and content as accepted by Wiley for publication in the Journal. Such preprints may be posted as electronic files on the Contributor's own website for personal or professional use, or on the Contributor's internal university or corporate networks/intranet, or secure external website at the Contributor's institution, but not for commercial sale or for any systematic external distribution by a third party (e.g., a listserve or database connected to a public access server). Prior to publication, the Contributor must include the following notice on the preprint: "This is a preprint of an article accepted for publication in [Journal title] @ copyright (year) (copyright owner as specified in the Journal)". After publication of the Contribution by Wiley, the preprint notice should be amended to read as follows:

        "This is a preprint of an article published in [include the
         complete citation information for the final version of the
         Contribution as published in the print edition of the Journal]",
         and should provide an electronic link to the Journal's WWW site,
         located at the following Wiley URL:

            http://www.interscience.Wiley.com/.

         The Contributor agrees not to update the preprint or replace it
         with the published version of the Contribution. 
        
    2. The right, without charge, to photocopy or to transmit online or
       to download, print out and distribute to a colleague a copy of
       the published Contribution in whole or in part, for the
       Contributor's personal or professional use, for the advancement
       of scholarly or scientific research or study, or for corporate
       informational purposes in accordance with Paragraph D.2 below. 
  
    3. The right to republish, without charge, in print format, all or
       part of the material from the published Contribution in a book
       written or edited by the Contributor. 
  
    4. The right to use selected figures and tables (up to 250 words,
       exclusive of the abstract) from the Contribution, for the
       Contributor's own teaching purposes, or for incorporation within
       another work by the Contributor that is made part of an edited
       work published (in print or electronic format) by a third party,
       or for presentation in electronic format on an internal computer
       network or external website of the Contributor or the
       Contributor's employer. 
  
    5. The right to include the Contribution in a compilation for 
       classroom use (course packs) to be distributed to students at 
       the Contributor's institution free of charge or to be stored in
       electronic format in datarooms for access by students at the
       Contributor's institution as part of their course work (sometimes
       called "electronic reserve rooms") and for in-house training
       programs at the Contributor's employer."

Received on Tue Sep 22 1998 - 18:58:14 GMT