Re: published papers on homepages

Bruce Edmonds (b.edmonds@MMU.AC.UK)
Mon, 11 Mar 1996 10:57:36 +0000


Jeff wrote:
> I was wondering if anyone knows definitively if permission from the
> publisher should be obtained before placing a published paper on
> the internet (for example on a home-page). And what about "text-
> only" versions...or pre-published drafts? What are our legal
> responsibilities as authors as for putting such papers on the
> internet?

(My last post to PRNCYB-L did not seem to get through!)

My understanding is this (based on UK law, but I think it is agreed
internationally):

1. Putting papers on the Web IS publishing.

2. When you publish a paper in a journal you sign away copyright to them,
including the text.

3. The criteria for different versions having different copyrights is that
of "substantial creative input".

This means:

A) That you can't (legally) put elsewhere published papers on the web, when
this is essentially the same paper.

B) That a text-only version does not get around this, there is no
substantial creative input in merely removing the figures.

C) If there were *substantial* changes needed for publication, then you
still seperately own copyright of the original, and so can publish that on
the web. If the changes were merely a few footnotes and additions to the
references then this might not be enough.

D) Alternatively expand on the original, then you will have put in
"substantial creative input" and the next version will be yours to publish.

In reality:

Publishers are usually tolerant of "discussion papers" so distributed, with
respect to their "prior-publishing" criteria. They are also effectively
tolerant (probably through ignorance) of own paper copies on home pages.
They will probably become more agressive about this as they become more
informed and their traditional publishing hold becomes threatened,

---------------------------------------------------
Bruce Edmonds,
Centre for Policy Modelling,
Manchester Metropolitan University, Aytoun Bldg.,
Aytoun St., Manchester, M1 3GH. UK.
Tel: +44 161 247 6479 Fax: +44 161 247 6802
http://bruce.edmonds.name/bme_home.html