Re: IEEE Copyright Form: any bypasses possible?

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.

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.

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.

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