发表科研论文版权转让点评及要点

1、Questions? E-mail ACS Subcommittee on CopyrightKey Principles of Copyright for ChemistsACS Subcommittee on Copyright, March 20062Key Principles Copyright is exclusive legal right to reproduce, publish, and sell the matter and form of literary, musical, or artistic work. Copyright pro

2、tects original forms of expression, not ideas. Copyright is different from patents. Theyre governed by different rules and regulations. You automatically own copyright when you create an original work, “fixed in any tangible medium of expression, from which it can be perceived, reproduced or otherwi

3、se communicated.” (U. S. Copyright Law, Title 17, U.S. Code, Section 102), unless you did the work for hire. (“Work for hire” means you did it as part of your employment or you were commissioned to do it.)Most of these ideas are taken from the pamphlet “Are You Up To Date On Copyright Issues?”; Amer

4、ican Chemical Society, Washington, D.C., 2000.ACS Subcommittee on Copyright, March 20063Key Principles (cont.) Most publishers register their copyrights; few authors do. For information on registering copyrights, write Register of Copyrights, Library of Congress, Washington, DC 20559. Parties must a

5、gree in writing to a commissioned work for hire. Copyright owner can reproduce, prepare derivative works of, distribute copies of, transfer ownership (in whole or in part), rent, lease, lend, perform publicly, or display publicly the copyrighted work. You can grant nonexclusive rights or exclusive r

6、ights. You must transfer copyright by a written agreement.ACS Subcommittee on Copyright, March 20064Key Principles (cont.) For authored work, copyright lasts for life of author plus 70 years. For commissioned works and works made for hire, copyright lasts 95 years from publication or 120 years from

7、creation, whichever is shorter. A current work doesnt require a copyright notice, although you might benefit from including one. A copyright notice includes the symbol , the word “Copyright,” the year of publication, and the name of the copyright owner. An example of a correct notice isCopyright 200

8、6 John J. Smith A work is in public domain if (1) all authors are employed by United States government and prepared work as part of employment, or (2) work is published before 1978 without a copyright notice, or (3) copyright term of work has expired.ACS Subcommittee on Copyright, March 20065Key Pri

9、nciples (cont.) “Fair use” of copyrighted material is not infringement of copyright. For example, you can make a single copy of a scientific journal article for your personal use without permission from the copyright owner. If you work for a company, you probably cant make copies for your personal f

10、iles, if such copies would in any way benefit the company, unless you have permission from copyright owner. Many publishers have registered their works with Copyright Clearance Center (CCC) to provide immediate ability for users to make authorized photocopies. Registered users pay a fee through annu

11、al license agreement with CCC, based on number of copies made by user.ACS Subcommittee on Copyright, March 20066Key Principles (cont.) Without permission from copyright owner, you cant rent, lease, or lend computer programs or phonograph records, tapes, or compact disks. If you want to reprint, repu

12、blish, or reproduce a table, figure, chart, scheme, photograph, excerpt, or any other copyrighted item, you must first get permission from copyright ownereven if you are the author (and have transferred copyright ownership to someone else).Questions? E-mail ACS Subcommittee on Copyri

13、ghtExamples of Applying Principles of CopyrightACS Subcommittee on Copyright, March 20068Course Packets and Copyright Get permission from the publisher of the adopted textbook to include anything from Textbook Instructor resource materials CDs Instructor Manual Publisher Web site As needed, create y

14、our own structures (see structure at right), chemical equations, formulas, and text using commercial software Get copyright clearance for other materialsincluding ACS journal articles When in doubt, leave it out or seek permission!OHOHCHOHCH2NHCH3EpinephrineACS Subcommittee on Copyright, March 20069

15、Personal Files and Copyright Fair use in academia might include Making one copy of journal article Copying selected pages within book Downloading and printing one copy of WWW article Not fair use (requires permission from copyright holder): Copying large portions of books Making multiple photocopies

16、 Making copies of electronic files. Personal files in industry Make sure your company belongs to Copyright Clearance Center Make only one copyTypical personal files. Used by permission.ACS Subcommittee on Copyright, March 200610Working with Students Who owns copyright to students research data? labo

17、ratory manual? notes on research ideas? written research report? thesis or dissertation? University probably owns copyright to laboratory manuals and research reports Student owns copyright to thesis/dissertation and personal notes Who trains graduate students on copyright issues? Graduate advisor.A

18、 graduate student generates research data for his Ph.D. dissertation.Used by permission.ACS Subcommittee on Copyright, March 200611Publishing Research Papers, Etc.When you publish a journal article, book chapter, review paper, or other, who owns the copyright?You or your university until you sign Co

19、pyright Status Form (ACS) or similar form from other publishersThen publisher (usually) owns everything text tables figuresSo, can you use your own figures in another paper?ACS Copyright Status FormACS Subcommittee on Copyright, March 200612Your Web Site and ACS Journals Can you post your journal ar

20、ticles on your personal or university Web site? What can you post? ACS gives permission to post title of paper abstract (no other text) tables figures Must be your own paper on your own Web site Read the Copyright Transfer AgreementTypical Web PageUsed by permission.ACS Subcommittee on Copyright, Ma

21、rch 200613Sharing Your Papers Can you make copies of your own papers and share them with colleagues? If ACS journal, up to 50 copies your papers only include copyright credit to source and ACS inform colleagues they cant disseminate Check with publisherCopyright for this JACS paper is owned by ACSACS Subcommittee on Copyright, March 200614Thesis and Dissertation WorkScenarios of what you and your students want to do! Publish work already in a dissertation! Publish in dissertation work already published in journal1. Pub