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1、ACS Subcommittee on Copyright,Key Principles of Copyright for Chemists,ACS Subcommittee on Copyright,March 2006,2,Key Principles,Copyright 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,n
2、ot 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 1
3、7,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.,ACS Subcom
4、mittee on Copyright,March 2006,3,Key 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
5、 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.,ACS Subcommittee
6、 on Copyright,March 2006,4,Key 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 notic
7、e,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
8、 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 2006,5,Key Principles(cont.),“Fair use”of copyrighted material is not infringement of copyright.For example,y
9、ou 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 ow
10、ner.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.,ACS Subcommittee on Copyright,March 2
11、006,6,Key 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
12、 permission from copyright ownereven if you are the author(and have transferred copyright ownership to someone else).,ACS Subcommittee on Copyright,Examples of Applying Principles of Copyright,ACS Subcommittee on Copyright,March 2006,8,Course Packets and Copyright,Get permission from the publisher o
13、f 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 AC
14、S journal articlesWhen in doubt,leave it out or seek permission!,Epinephrine,ACS Subcommittee on Copyright,March 2006,9,Personal Files and Copyright,Fair use in academia might includeMaking one copy of journal articleCopying selected pages within bookDownloading and printing one copy of WWW articleN
15、ot 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 copy,Typical personal files.Used by permission.,ACS S
16、ubcommittee on Copyright,March 2006,10,Working with Students,Who 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 the
17、sis/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.,ACS Subcommittee on Copyright,March 2006,11,Publishing Research Papers,Etc.,When you publish a journal articl
18、e,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 Form,ACS Sub
19、committee on Copyright,March 2006,12,Your Web Site and ACS Journals,Can 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
20、 Transfer Agreement,Typical Web PageUsed by permission.,ACS Subcommittee on Copyright,March 2006,13,Sharing Your Papers,Can 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
21、 cant disseminateCheck with publisher,Copyright for this JACS paper is owned by ACS,ACS Subcommittee on Copyright,March 2006,14,Thesis and Dissertation Work,Scenarios of what you and your students want to doPublish work already in a dissertationPublish in dissertation work already published in journ
22、alPublish work simultaneously in dissertation and journal,Students dissertation,copyright owned by student.Used by permission.,ACS Subcommittee on Copyright,March 2006,15,Theses and ACS Journals,Probably okay to publish work in ACS journal without getting special permission,as long as thesis/dissert
23、ation hasnt been distributed yet.Okay to publish ACS journal articles in dissertation,but pages must be marked as copyrighted by ACS.Okay to publish simultaneously,but dissertation cant be distributed before paper appears in ACS journal.For non-ACS journals,check with journal publisher.,ACS Subcommittee on Copyright,March 2006,16,For More Information,Go to Click here,