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U.S. Government Authors Copyright-free
- To: <liblicense-l@lists.yale.edu>
- Subject: U.S. Government Authors Copyright-free
- From: "Alvin Hutchinson" <HUTCHINSONA@si.edu>
- Date: Wed, 31 Aug 2005 19:27:24 EDT
- Reply-to: liblicense-l@lists.yale.edu
- Sender: owner-liblicense-l@lists.yale.edu
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
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