RE: Posting Electronic Copies of Papers published by ourInstitute

["Hoffmann, Gretchen" <ghoffmann@fulbright.com>]

Jennifer, each situation differs. While it is common for an academic
author to assign her copyrights to the publisher, it certainly is not the
case all the time.  So this means some of your authors may have copyrights
in some of their articles, and the same or other authors might not in
other articles. The first thing you have to do is check each contract,
which will obviously be a little burdensome.

Next step is to check the language in the CCC contract.

For situations where (1) the publisher (or someone other than the author)
owns the copyright and (2) your CCC contract does not cover the type of
use you want to make, you will have to obtain permission from the
copyright owner (usually the publisher, I would think), whether it is thru
a clearinghouse like CCC or directly from the publisher.

Also note that if the author owns the copyright, your institution will
have to get her permission for the use!

Gretchen McCord Hoffmann
Attorney at Law
Fulbright & Jaworski L.L.P.
ghoffmann@fulbright.com
512-536-5668

-----Original Message-----
From: Jennifer Vigil [ mailto:jvigil@burnham.org]
Sent: Wednesday, April 14, 2004 9:30 PM
To: liblicense-l@lists.yale.edu
Subject: Posting Electronic Copies of Papers published by our Institute

I'm in bit of a time crunch and am trying to find something in writing
that either states Yes or No to the following question:

Our president would like to maintain a database of papers published by
authors at our Institute. He would like to post PDFs of all articles
published and have them available internally on our intranet.  We do have
the Electronic Amendment from CCC which might cover papers that are
published in journals to which we have an electronic subscription, but for
papers published in journals to which we don't subscribe hasn't the author
signed over copyright? I don't think this is legal unless the author
obtains permission from the publisher each time they publish a paper,
however I'm trying to find something in writing that states this.

Any help would be appreciated.

Thanks in advance,
Jennifer Vigil
jvigil@burnham.org