On Wed, Feb 15, 2012 at 5:58 AM, Wise, Alicia (ELS-OXF) <[email protected]>
wrote:
Hi Peter,
Â
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.
Thank you for answering this initial question quickly and clearly. I note that
you are "Director of Universal Access". As you may know I have found it almost
impossible to get timely and useful information from Elsevier. Can I assume that
Universal Access offers a formal contact point where readers and potential
authors can expect to get questions on contractual and legal issues answered.
Can I also assume that the Office of Universal Access was responsible for the
document:
http://www.elsevier.com/wps/find/intro.cws_home/contentmining and that if I
direct questions to your office I can expect replies.
The manuscript that you agree is Public Domain contains the phrase:
"
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.
"
Could you indicate whether this phrase originated in part or whole with
Elsevier. It seems very unlikely to have been written by the author - he does
not have "customers". It seems unlikely that the NIH's Pubmed facility has
inserted this as the phraseology "our customers" seems out of place.
Therefore I am assuming that this "unedited manuscript" actually contains
material inserted by Elsevier. Could you indicate whether Elsevier "requires"
authors or Pubmed to insert additional information or phraseology into the
"author's manuscript".
I would also be grateful to know what "Universal Access" is, and where it is
defined.
Peter Murray-Rust
With kind wishes,
Â
Alicia
Â
Â
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
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Â
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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
Â
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).
_______________________________________________
GOAL mailing list
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--
Peter Murray-Rust
Reader in Molecular Informatics
Unilever Centre, Dep. Of Chemistry
University of Cambridge
CB2 1EW, UK
+44-1223-763069
[ Part 2: "Attached Text" ]
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