The institution did not, in general, pay for the research.
In most of the sciences, the public paid for the research though the
system of research grants. Even when the money comes from institutional
funds, the institution if public got those funds from the public taxes,
and if private got it from donors, who were subsidized to some extent by
the charitable gift provisions of the tax laws.
My personal view.
On Wed, 8 Jan 2003, Tim
Brody wrote:
> If the author's employment contract states that their employer (the
> University) reserves non-commercial distribution rights then that author can
> not sign away those rights to a publisher (without the agreement of the
> University).
>
> In my opinion I would rather the IPR were held by the institution - who paid
> for the research, facilities & support - rather than with the publisher. If
> not for any other reason than an institution will rarely hold the same kind
> of monopoly as the big publishers.
>
> All the best,
> Tim.
>
> ----- Original Message -----
> From: "Fytton Rowland" <J.F.Rowland_at_LBORO.AC.UK>
> To: <AMERICAN-SCIENTIST-OPEN-ACCESS-FORUM_at_LISTSERVER.SIGMAXI.ORG>
> Sent: Wednesday, January 08, 2003 3:52 PM
> Subject: Re: Draft Policy for Self-Archiving University Research Output
>
>
> > Um - before you can have a "postprint" you must have published the paper
> > somewhere. In many (most?) cases you will have transferred the copyright
> to
> > the journal. So how can the University then assert its ownership of a
> > copyright that you, the individual academic, have already given away in
> the
> > belief that it was yours to give?
> >
> > Fytton Rowland.
> >
> > ----- Original Message -----
> > From: "Picciotto, Sol" <s.picciotto_at_LANCASTER.AC.UK>
> > To: <AMERICAN-SCIENTIST-OPEN-ACCESS-FORUM_at_LISTSERVER.SIGMAXI.ORG>
> > Sent: Wednesday, January 08, 2003 1:57 PM
> > Subject: Re: Draft Policy for Self-Archiving University Research Output
> >
> >
> > > It seems that copyright ownership could be an important obstacle to
> > archiving
> > > postprints. I have proposed at Lancaster that academic staff employment
> > > contracts be modified to make it clear that the university asserts its
> > rights
> > > as employer to copyright in staff research publications, but only to the
> > extent
> > > of reserving the right to authorise non-commercial publication on the
> > internet,
> > > e.g. in an eprints archive. This would circumvent a possible restriction
> > > resulting from any copyright assignment the author signs. The idea has
> > been met
> > > favourably here, both by the AUT (professional association) and
> > management, but
> > > both have referred it for discussion at national level.
> > >
> > > I think the university should be willing to forego any claim to income
> > from
> > > research publications, but should retain the right to authorise
> > non-commercial
> > > publication. The decision on when to publish, which version, etc, should
> > be
> > > left to the author(s), within a policy such as that suggested here for
> > > Southampton, which would greatly facilitate acceptance of eprints
> > archiving as
> > > a standard practice.
> > >
> > > cheers
> > >
> > > Sol
> > > ********************************
> > >
> > > Prof. Sol Picciotto
> > > Head,
> > > Lancaster University Law School
> > > Lancaster University
> > > LANCASTER LA1 4YN,
> > > U.K.
> > > direct phone (44)(0)1524-592464
> > > fax (44)(0)1524-525212
> > > s.picciotto_at_lancaster.ac.uk
> > >
> > > **********************************
> > >
> > > > -----Original Message-----
> > > > From: Stevan Harnad [SMTP:harnad_at_ecs.soton.ac.uk]
> > > > Sent: Wednesday, January 08, 2003 12:49 PM
> > > > To: AMERICAN-SCIENTIST-OPEN-ACCESS-FORUM_at_LISTSERVER.SIGMAXI.ORG
> > > > Subject: Draft Policy for Self-Archiving University Research
> > Output
> > > >
> > > > Comments are invited on the following draft for a university policy on
> > > > the self-archiving of research output:
> > > >
> > > > http://www.ecs.soton.ac.uk/~lac/archpol.html
> > > >
> > > > It is being formulated both for use at Southampton
> > > > University, and as a possible model for wider adoption,
> > > > particularly in connection with a recommended restructuring
> > > > http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/2373.html
> > > > of UK's Research Assessment Exercise (RAE)
> > > > http://www.rareview.ac.uk/
> > > > and its emulation in other countries
> > > > http://www.ecs.soton.ac.uk/~harnad/Hypermail/Amsci/2356.html
> > > >
> > > > Stevan Harnad
> > >
> > >
>
Dr. David Goodman
Princeton University Library
dgoodman_at_princeton.edu
Received on Wed Jan 08 2003 - 21:47:25 GMT