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.

 

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 I M: +44 (0) 7823 536 826 I E: [email protected] I

Twitter: @wisealic

 

 

 

From: [email protected] [mailto:[email protected]] 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

(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

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




    [ Part 2: "Attached Text" ]

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