Re: IEEE Copyright Form: any bypasses possible?

On Sun, 11 Feb 2007, Constantine A. Murenin <[email protected]> wrote:

> On 11/02/07, Jay Sulzberger <[email protected]> wrote:
>> 
>> On Sat, 10 Feb 2007, Constantine A. Murenin <[email protected]> wrote:
>> 
>> > On 10/02/07, Jay Sulzberger <[email protected]> wrote:
>> >>
>> >> On Fri, 9 Feb 2007, Constantine A. Murenin <[email protected]> wrote:
>> >>
>> >> > Dear mathcopyright@,
>> >> >
>> >> > Are there any news on the IEEE Copyright Form front?
>> >> >
>> >> > I've had a paper accepted to IEEE ICNSC 2007, and they have the
>> >> > following IEEE Copyright Form, which they indicate all authors must
>> >> > complete:
>> >> >       http://www.ieee-icnsc07.org/copy_right_%20form.pdf
>> >> >
>> >> > One of the things that is interesting about the form is that US
>> >> > Government employees preparing the work within the scope of their
>> >> > official duties are also required to sign this form -- I believe that
>> >> > it is intended that they sign it in two places, one to certify that
>> >> > they allow for the transfer of the copyright to take place, and the
>> >> > other to certify that the work is in public domain by US law.
>> >> >
>> >> > Let me quote it from the form:
>> >> >
>> >> >> *U.S. Government Employee Certification (where applicable)*
>> >> >> This will certify that all authors of the Work are U.S. government
>> >> >> employees and prepared the Work on a subject within the scope of 
>> their
>> >> >> official duties. As such, the Work is not subject to U.S. copyright
>> >> >> protection.
>> >> >> (2)_____________________________________________________________
>> >> >> Authorized Signature
>> >> >> ___________________________________
>> >> >> Date
>> >> >> (Authors who are U.S. government employees should also sign signature
>> >> line
>> >> >> (1) above to enable the IEEE to claim and protect its copyright in
>> >> >> international jurisdictions.)
>> >> >
>> >> >
>> >> > My questions are:
>> >> >
>> >> > 1. What will happen if a non-US government employee (e.g. a student)
>> >> > will put the signature in both (1) and (2)?
>> >> >
>> >> > 2. What if I put a notice "This paper is public domain" at the end of
>> >> > the paper between Acknowledgements and References sections, and sign
>> >> > only (1)? In such case, would it matter which step is done first?
>> >> > Would the paper then be public domain?
>> >> >
>> >> > Thank you,
>> >> > Constantine A. Murenin, B.Sc. (Hons).
>> >>
>> >> Tell them you wish to keep copyright.  You will allow them to
>> >> publish the work, but you retain the copyright.  If they refuse,
>> >> publish elsewhere.
>> >>
>> >> But I believe they will agree.  And I am sure that, if several
>> >> authors demand to keep copyright, the IEEE will amend their
>> >> agreement.
>> >>
>> >> oo--JS.
>> >
>> > You must have missed out this document:
>> >       http://cr.yp.to/writing/ieee.html
>> >
>> > I'm not sure if things have changed since its publication, but IEEE
>> > Copyright Form doesn't look that much different from the discussion on
>> > djb's page. However, there are no mentions of (1) and (2) signature
>> > lines in djb's writings, so that is why I decided to ask for an advice
>> > here.
>> >
>> > C.
>> 
>> I have just glanced at the page.  It is clear that, at the time
>> the page was written, the IEEE had not engaged seriously and
>> publicly with an author who refuses their demand for complete
>> copyright assignment.  Thus you should contact your editor at the
>> IEEE and ask that the IEEE allow you to retain copyright.  If
>> your editor cannot grant you this reasonable request, then
>> publish elsewhere.  I would send a copy of all correspondence to
>> the head of the IEEE and the board of the IEEE.  You have not so
>> far engaged the IEEE on the issue.  A form on a web page that you
>> have read is no engagement.  Write to your editor, to the head
>> and the board of the IEEE.  If you cannot come to an agreement
>> quickly, publish elsewhere.
>> 
>> You have no reason to assign copyright to the IEEE just because a
>> copyright assignment form is sent to you by the IEEE.
>> 
>> oo--JS.
>
> I do want to retain the right to publish the paper on the web (i.e.
> public domain will do), but I don't want to talk to the wall in trying
> to not transfer my copyright to IEEE.

Again, I recommend talking to your editor.

>
> This is only a conference paper, and IEEE has a policy applicable to
> all of its publications, parts of this policy in regards to public
> domain are identified in the DJB's page, and the original is available
> at [0], the complete sentence reads as follows:
>
>>>>   Prior to publication by the IEEE, all authors or their employers
> shall transfer to the IEEE in writing any copyright they hold for
> their individual papers. Such transfer shall be a necessary
> requirement for publication, except for material in the public domain
> or which is reprinted from a copyrighted publication.

Well, then, according to the letter of this paragraph, simply
place your work on your webpage, keep copyright, and declare the
work published.

>
> So as it is, I'll try to go with the public domain route identified in
> my previous message [1], by putting a public domain notices in the
> IEEE Copyright Form as well as first page of the paper. I'll try to
> inform the list of any results of these dealings...
>
> Cheers,
> Constantine.

You might wish to keep copyright.  Why not keep copyright and
choose a standard free license?

http://www.gnu.org/philosophy/license-list.html
http://creativecommons.org

Some of the Creative Commons licenses do not meet the definition
of "free license" of the Free Software Foundation.  In particular
some distinguish between for profit and not for profit
publication.

I will likely not post further in this thread.

oo--JS.


>
> [0] 
> http://www.ieee.org/web/publications/rights/Section_815_Copyright_Policy.html
> [1] http://article.gmane.org/gmane.science.mathematics.copyright/7
>
>