RE: U.S. Government Authors Copyright-free

["Klein, Bonnie" <BKlein@DTIC.MIL>]

Alvin,

Take a look at the CENDI Frequently Asked Questions About Copyright
http://www.cendi.gov/publications/04-8copyright.html, specifically at
"3.2.7 Is a work co-authored by a U.S. Government employee and a
non-government employee copyrightable?"

The government is a joint owner in the work, but the non-government author
retains copyright. Therefore, the work is not in the public domain.  The
non-government author can transfer their copyright to a publisher.

A publisher or anyone may reproduce and distribute (including resell) a
federally-authored "work of the U.S. Government."  While copyright
protection is not available for any work of the United States Government
under 17 U.S.C. �105, this provision applies only to works created by
federal employees within the scope of their official duties.

Works created by government contractors, grantees, and certain other kinds
of authors do not fall within the statutory exemption; these kinds of
authors hold the copyrights in their own works.  The government negotiates
licenses to distribute these works to the public and to use them for
various other purposes, but government licenses do not extend to
redistributions by third parties who are not acting for the government.

CENDI (www.cendi.gov) is a cooperative of federal scientific, technical and
medical information managers.

Bonnie Klein
Chair, CENDI Copyright Working Group  

-----Original Message-----
From: Alvin Hutchinson [mailto:HUTCHINSONA@si.edu] 
Sent: Wednesday, August 31, 2005 7:27 PM
To: liblicense-l@lists.yale.edu
Subject: U.S. Government Authors Copyright-free

Wiley InterScience journal websites identify when an article is in the
public domain because it has been authored by a U.S. government employee.
The supplemental text accompanying a recently published paper reads, "This
article is a US Government work and, as such, is in the public domain in
the United States of America "
 
I should first say that I am glad to see this recognition by a commercial
publisher and although such a statement is evidently required by by
copyright law, there doesn't seem to be widespread compliance by other
publishers.
 
However, I wonder about restrictions that publishers face when publishing
federally authored works. Namely:
 
If the second or third (or thirteenth) author is a federal employee, is
the article in the public domain?
 
Since no rights have been transferred can the publisher's PDF version
truly be considered 'theirs'?
 
Finally, when a publisher offers single-article sales via their website,
is it unlawful to sell one of these federally-authored papers?
 
I realize that many liblicense subscribers may be reluctant to offer what
would amount to legal advice, but any thoughts on the matter or references
to other material would be greatly appreciated. Please also let me know if
I am missing an important element of this issue.
 
Many thanks in advance,
 
Alvin Hutchinson
Smithsonian Institution Libraries