Questions? E-mail copyrightacs.orgACS Subcommittee on CopyrightKey Principles of Copyright for ChemistsKey PrinciplesCopyright is exclusive legal right to reproduce, publish, and sell the matter and form of literary, musical, or artistic work.Copyright protects 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 otherwise 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?”; American Chemical Society, Washington, D.C., 2000.2Key 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 agree 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 rights.You must transfer copyright by a written agreement.3Key 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 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 2006 John J. SmithA 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.4Key Principles (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 files, 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 annual license agreement with CCC, based on number of copies made by user.5Key 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, republish, 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).6Questions? E-mail copyrightacs.orgACS Subcommittee on CopyrightExamples of Applying Principles of CopyrightCourse Packets and CopyrightGet permission from the publisher of the adopted textbook to include anything fromTextbookInstructor resource materialsCDsInstructor ManualPublisher Web siteAs needed, create your own structures (see structure at right), chemical equations, formulas, and text using commercial softwareGet copyright clearance for other materialsincluding ACS journal articlesWhen in doubt, leave it out or seek permission!Epinephrine8Personal Files and CopyrightFair use in academia might includeMaking one copy of journal articleCopying selected pages within bookDownloading and printing one copy of WWW articleNot fair use (requires permission from copyright holder):Copying large portions of booksMaking multiple photocopiesMaking copies of electronic files.Personal files in industryMake sure your company belongs to Copyright Clearance CenterMake only one copyTypical personal files. Used by permission.9Working with StudentsWho owns copyright to studentsresearch data?laboratory manual?notes on research ideas?written research report?thesis or dissertation?University probably owns copyright to laboratory manuals and research reportsStudent owns copyright to thesis/dissertation and personal notesWho trains graduate students on copyright issues? Graduate advisor.A graduate student generates research data for his Ph.D. dissertation.Used by permission.10Publishing 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 Copyright Status Form (ACS) or similar form from other publishersThen publisher (usually) owns everything texttablesfiguresSo, can you use your own figures in another paper?ACS Copyright Status Form11Your Web Site and ACS JournalsCan you post your journal articles on your personal or university Web site?What can you post? ACS gives permission to posttitle of paperabstract (no other text)tablesfiguresMust be your own paper on your own Web siteRead the Copyright Transfer AgreementTypical Web PageUsed by permission.12Sharing Your PapersCan you make copies of your own papers and share them with colleagues? If ACS journal, up to 50 copiesyour papers onlyinclude copyright credit to source and ACSinform colleagues they cant disseminateCheck with publisherCopyright for this JACS paper is owned by ACS13Thesis and Dissertation WorkScenarios of what you and your students want to do1.Publish work already in a dissertation2.Publish in dissertation work already published in journal3.Publish work simultaneously in dissertation and journalStudents dissertation, copyright owned by student.Used by permission.14Theses and ACS Journals1.Probably okay to publish work in ACS journal without getting special permission, as long as thesis/dissertation hasnt been distributed yet.2.Okay to publish ACS journal articles in dissertation, but pages must be marked as copyrighted by ACS.3.Okay to publish simultaneously, but dissertation cant be distributed before paper appears in ACS journal.For non-ACS journals, check with journal publisher.15For More InformationGo to http:/pubs.acs.orgClick herehttp:/pubs.acs.org/copyright_info.html16