[Open-access] [GOAL] Re: Permissions attaching to pre-publication material

Wed Feb 15 08:56:52 UTC 2012

On Wed, Feb 15, 2012 at 5:58 AM, Wise, Alicia (ELS-OXF) <A.Wise at elsevier.com
> wrote:

> 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.
>

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,

> ** **
>
> 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: a.wise at elsevier.comI
> ****
>
> *Twitter: @wisealic*
>
> ** **
>
> ** **
>
> ** **
>
> *From:* goal-bounces at eprints.org [mailto:goal-bounces at eprints.org] *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<http://www.ncbi.nlm.nih.gov/pmc/?term=nih%20author%20manuscript%5bfilter%5d&sort=SortDate&db=pmc&cmd=search&EntrezSystem2.PEntrez.Pmc.Pmc_LimitsTab.LimitsOff=true>
> ****
>
> (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, Oxford, OX5 1GB, United Kingdom, Registration No. 1982084 (England and Wales).
>
>
>
> _______________________________________________
> GOAL mailing list
> GOAL at eprints.org
> http://mailman.ecs.soton.ac.uk/mailman/listinfo/goal
>
>

-- 
Peter Murray-Rust
Reader in Molecular Informatics
Unilever Centre, Dep. Of Chemistry
University of Cambridge
CB2 1EW, UK
+44-1223-763069
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